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HomeMy WebLinkAboutAgenda Packet CC - 03/20/2017 - City Council Meeting Agenda Packet 2006 Heritage Walk, Milton, GA 30004 Phone: 678.242.2500 info@cityofmiltonga.us │ 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, Suite 107E Monday, March 20, 2017 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jerry Dockery, Crabapple First Baptist Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 17-072) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 20, 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 Revisions to the City of Milton Compensation and Benefit Plans. (Agenda Item No. 17-073) (Sam Trager, Human Resources Director) 2. Approval of a Memorandum of Understanding between the City of Milton and the Judicial Council’s Administrative Office of the Courts to Implement a Judicial Circuit Data Exchange. (Agenda Item No. 17-074) (Ken Jarrard, City Attorney) 3. Approval of a Service Agreement between the City of Milton and MCCi, LLC. to Implement the Laserfiche Records Management System. (Agenda Item No. 17-075) (David Frizzell, IT Manager) 4. Approval of a Right of Way Maintenance Agreement between the City of Milton and Georgia Management Agency, Inc. (Agenda Item No. 17-076) (Carter Lucas, Assistant City Manager) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Village Volunteers. (Mayor Joe Lockwood) 7) FIRST PRESENTATION 1. Consideration of an Ordinance Accepting the Revised Georgia Municipal Employees Benefit System (GMEBS) Defined Benefit Retirement Plan and General Addendum. (Agenda Item No. 17-077) (Sam Trager, Human Resources Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 20, 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 Sirus Trading Investment LLC, dba I Love NY Pizza, 980 Birmingham Road, Milton, Georgia 30004. (Agenda Item No. 17-054) (Deferred at February 22, 2017 Council Meeting) (Bernadette Harvill, Finance Director) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance of the City of Milton, Georgia to Amend Chapter 4 of the Code of the City of Milton, Georgia to Amend the Requirements for the Issuance of Alcoholic Beverage Licenses; To Provide for the Repeal of Conflicting Ordinances; To Provide an Effective Date; and for Other Lawful Purposes. (Agenda Item No. 17-066) (First Presentation at March 6, 2017 Regular City Council Meeting) (Ken Jarrard, City Attorney) 2. Consideration of an Ordinance of the City of Milton, Georgia to Amend Article VI – Financial Management Program, Division 2 – Accounting Auditing and Financial Reporting. (Financial Policies) (Agenda Item No. 17-067) (First Presentation at March 6, 2017 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) 11) NEW BUSINESS 1. Consideration of a Property Acquisition Contract for a 2.55-acre Tract Adjacent to Wood Road, with the Sellers being James and Tracy Smith, and the Acquisition Price being $275,000. (Agenda Item No. 17-078) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 20, 2017 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Community Development 2. Police 3. Information Technology 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 17-079) 2 I LTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 14, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Revisions to the City of Milton Compensation and Benefit Plans. MEETING DATE: Monday, March 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: („j" -APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4 -YES () NO CITY ATTORNEY REVIEW REQUIRED: (J.,YES () NO APPROVAL BY CITY ATTORNEY: (}/APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 8311.0/:017 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: Sam Trager, Director of Human Resources Date: Submitted on March 14, 2017 for the March 20, 2017 Regular Council Meeting Agenda Item: Approval of Revisions to the City’s Compensation and Benefit Plans ____________________________________________________________________________ Department Recommendation: Approve proposed revisions to the City’s Compensation and Benefit Plans. Executive Summary: As covered at the most recent Council Work Session, this request is to consider approval of several changes to the City’s pay and benefit system.  Implement a new Grade and Step pay system for Police and Fire employees.  Make associated pay changes.  Change Current Vacation and Sick leave plan to a Paid Time Off (PTO) plan o Change accrual rates  Change Holiday Pay to a model that is consistent across all employee groups  Offer PTO buy back  Approve associated policy changes as attached Funding and Fiscal Impact: Alternatives: Other Council directed action. Legal Review: Megan Martin – Jarrard & Davis 3/13/2017 Concurrent Review: Attachment(s): Policy Changes Final Presentation from Work Session __________________________________________________________________________________________ Compensation & Benefits Chapter Page 1 Employee Benefits – Leave Types B. EMPLOYEE BENEFITS- LEAVE TYPES Section 1: Policy Statement The City of Milton believes that employees should have the opportunity to enjoy time away from work to help balance their work and personal lives. City management recognizes that employees have diverse needs for time off from work. Because of this, the City has established leave practices to address the balance, as well as to protect the financial well -being of employees during certain absences from work. Employees are accountable and respon sible for managing their own leave balances to allow for adequate reserves if there is a need to cover unanticipated events requiring time away from work. Section 2: Overview of Requirements & Restrictions (a) General Provisions Except as provided otherwise in this chapter, the following apply to all paid leave benefits: 1. Approval of leave is subject to operational requirements of the department and any request for paid leave may be denied or rescheduled due to staffing needs; 2. Paid leave cannot be advanced; 3. All requests for leave must be submitted in writing using the leave request form with as much notice as possible; 4. Except for military leave, any employee in an unpaid leave status will not accrue paid time off. This will not, however, constitute a break in service for accrual rate purposes; 5. Non-exempt employees shall record paid leave in quarter hour increments; 6. Exempt employees shall record paid leave in whole day increments; exceptions to this must be approved by the Human Resources Department (b) Unpaid Leave Status Unpaid leave will not be approved under normal circumstances. All requests for leave without pay must be approved by the City Manager or designee. Paid time off will not be accrued during leave without pay status. Please note that while an employee is on leave of absence without pay, there is no job protection by the City, except as required by law. Employees may continue, at their sole expense, their group health insurance coverage while on leave of absence without pay. In order to continue coverage, the employee must contact the Director of Human Resources to arrange for documentation and __________________________________________________________________________________________ Compensation & Benefits Chapter Page 2 Employee Benefits – Leave Types payment of premiums. The exceptions to these provisions are leave granted as Family Medical and Military Leave as specified later in this chapter. Section 3: Paid Time Off (PTO) Exempt employees take paid time off hours in whole day increments only; exceptions to this must be approved by the Human Resources Department. (a) Eligibility It is the policy of the City to provide paid time off for eligible employees. Paid time off is accrued and granted to: 1. Regular full-time, police and fire shift employees, and regular part-time employees are considered eligible employees; 2. Eligible employees while on authorized paid time off will continue to accrue paid time off hours; 3. Eligible employees can take paid time off immediately once hours have been accrued and approved by department management; 4. Pay for paid time off shall be at the employee’s regular rate of pay in effect for the employee’s regular job on the pay date immediately preceding the employee’s paid time off period. (b) Paid Time Off Accrual Rate 1. All eligible employees will receive paid time off hours based on their current years of service with the City or a prearranged seniority date as established by the City. 2. All eligible employees accrue paid time off hours on the following basis: The accrual rate increases on the first day of the pay period that includes the employees’ anniversary date. 3. The following chart reflects the accrual rates for city employees: __________________________________________________________________________________________ Compensation & Benefits Chapter Page 3 Employee Benefits – Leave Types Years of Service Hours Per Biweekly Pay Period Hours/Year Up to 1 Year 4.88 126.8 1 thru 4 years 6.27 163 5 thru 9 years 7.67 199.3 10 thru 14 years 9.75 253.6 15 or more 11.84 307.9 Up to 1 Year 2.44 63.4 1 thru 4 years 3.135 81.5 5 thru 9 years 3.835 99.65 10 thru 14 years 4.875 126.8 15 or more 5.92 153.95 Up to 1 Year 6.46 168 1 thru 4 years 8.31 216 5 thru 9 years 10.15 264 10 thru 14 years 12.92 336 15 or more 15.69 408 Up to 1 Year 5.12 133.1 1 thru 4 years 6.58 171.2 5 thru 9 years 8.05 209.2 10 thru 14 years 10.24 266.3 15 or more 12.43 323.3 Regular Full-time Employees Regular Part-time Employees Police Shift Employees Fire Shift Employees __________________________________________________________________________________________ Compensation & Benefits Chapter Page 4 Employee Benefits – Leave Types (c) Use and Scheduling of Paid Time Off 1. Whenever possible, employees will be allowed to take paid time off at times most convenient to them. However, in order to ensure continued smooth operation and maintain a high level of quality in the delivery of service to the citizens of Milton, the City reserves the right to limit the number of employees that may be absent from a given department at any one time. Where there is a conflict in the paid time off choices of two (2) or more employees who cannot be spared at the time, the department management will determine who will take leave; 2. Paid time off may be used for appointments for medical or dental examinations or treatment when such appointments cannot be reasonably scheduled during non-working hours. Examination appointments must be approved at least one (1) work day in advance, by the department director or designee; 3. Paid time off may be used for unplanned sick absences. In unplanned circumstances, an employee should make every attempt to report to their supervisor within thirty (30) minutes of the scheduled starting time the reason for absence. Public Safety may develop internal rules that establish stricter reporting standard; 4. Eligible employees will be allowed to carry over paid time off hours from one calendar year to the next according the chart below. On December 31st of each year, the employee’s paid time off credits will be totaled and any hours in excess of the applicable carry over will be rolled forward as service credit to a qualified pension plan or will be forfeited. 5. Regular Full-time Employees 240 Part-time Employees 120 Fire Shift Employees 318 Police Shift Employees 252 Maximum PTO Hours Carry Over Per Year (d) Paid Time Off Buy-Back As an incentive to decrease employee absenteeism and abuse of sick leave, the City will offer a paid time off buy-back program. If hours are available, each employee will be able to sell back up to 48 hours of paid time off. In order to qualify, employees __________________________________________________________________________________________ Compensation & Benefits Chapter Page 5 Employee Benefits – Leave Types must have accrued the number of paid time off hours they wish to sell back. Up to 16 hours of sold back paid time off will be paid at 100% of the employee’s regular rate of pay. The remaining hours sold back will be paid at the rates reflected in the following chart: 1-16 Hours 100% 17-32 Hours 75% 33-48 Hours 33% Rate of Pay for Sold Back PTO Hours (e) Payment of Accrued Paid Time Off at Termination At the time of separation from employment, all employees will be paid accrued paid time off up to the maximum number of hours on the chart below: Regular Full-time Employees 240 Part-time Employees 120 Fire Shift Employees 318 Police Shift Employees 252 Maximum PTO pay out at time of separation. From other section __________________________________________________________________________________________ Compensation & Benefits Chapter Page 6 Employee Benefits – Leave Types (a) Holidays The City observes the following holidays: New Year’s Day Martin Luther King, Jr. Day President’s Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Day Christmas Eve Floating Holiday – Employee’s Birthday When a holiday falls on a Saturday, the preceding Friday shall be declared a holiday for city employees. When a holiday falls on a Sunday, the following Monday shall be declared a holiday for city employees. The birthday floating holiday must be taken within a month of the employee’s birthday. A non-exempt shift employee who is required to work on an official city holiday will be paid at a rate of 10.6 hours for fire department employees and 8.4 hours for police department employees. Employees must work their regularly scheduled work day/shift before the holiday, the day of the holiday, and the day after the holiday or be on an approved leave status in order to receive holiday pay. PAY AND BENEFIT CHANGES Draft Presentation -Final plan needs to be reviewed and approved by City Council before becoming effective Council Overview Overview Compensation Survey •What’s going on around us ? •How does Milton compare to its peers ? •Why are things changing now ? 2017 Total Compensation Plan •What will my benefits look like going forward? •Pay Changes •Pension Plan Changes •Holiday Pay •PTO Accruals •PTO Buyback 2 COMPENSATION SURVEY What’s going on around us? How does Milton compare to its peers? Why are things changing now? What is going on around us? •City conducted Salary Survey in 2016 •Included 15 cities and 5 counties selected based on demographic and geographic information •Survey examined average pay where Fire was about 4.2% behind market •Survey examined average pay where Police was about 8.1% behind market 4 Survey Participants Milton A total of 15 cities and 5 counties were surveyed. Market Analysis Fire –Overall 4.2% behind market 45,703 51,616 69,603 81,172 43,744 52,202 64,114 75,975 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 Firefighter Fire Apparatus Operator Fire Captain Battallion Chief Police –Overall 8.1% behind market 46,839 60,213 69,363 76,489 42,227 50,927 63,310 77,328 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 Police Officer Sergeant Lieutenant Captain Market Average Pay Total Compensation Package •Health •Dental •Vision •Life •Short-Term/Long-Term Disability •Worker’s Compensation •Tuition Reimbursement •Educational Incentives •Health •Dental •Vision •Life •Short-Term/Long-Term Disability •Worker’s Compensation •Tuition Reimbursement •Educational Incentives Why are we changing now? •Aid retention and recruitment of employees •Bring employee pay in line with market •Reward employees who strive to improve their skills •Increase ability to provide services to citizens 8 2017 COMPENSATION PLAN What will the benefits look like going forward? Pay Changes •Implement a Grade and Step system to recognize market rates, service and training •New pay table is set at market rate 10 New Pay Table 11 Grade Probationary Step Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 F1 - FF 40,702 42,737 43,165 43,596 44,032 44,472 44,917 45,366 45,820 46,278 46,741 47,208 47,680 F1-P 45,464 47,737 48,165 48,596 49,032 49,472 49,917 50,366 50,820 51,278 51,741 52,208 52,680 F2 - FAO 51,284 51,797 52,315 52,838 53,367 53,900 54,439 54,984 55,534 56,089 56,650 57,216 F2-P 56,284 56,797 57,315 57,838 58,367 58,900 59,439 59,984 60,534 61,089 61,650 62,216 F3 - Capt 61,541 62,157 62,778 63,406 64,040 64,681 65,328 65,981 66,641 67,307 67,980 68,660 F3-P 66,541 67,157 67,778 68,406 69,040 69,681 70,328 70,981 71,641 72,307 72,980 73,660 F4 – Batt Chief 80,004 80,804 81,612 82,428 83,252 84,085 84,926 85,775 86,633 87,499 88,374 89,258 Grade Step 13 Step 14 Step 15 Step 16 Step 17 Step 18 Step 19 Step 20 Step 21 Step 22 Step 23 Step 24 Step 25 F1 - FF 48,157 48,639 49,125 49,617 50,113 50,614 51,120 51,631 52,147 52,669 53,196 53,728 54,265 F1-P 53,157 53,639 54,125 54,617 55,113 55,614 56,120 56,631 57,147 57,669 58,196 58,728 59,265 F2 - FAO 57,789 58,366 58,950 59,540 60,135 60,736 61,344 61,957 62,577 63,202 63,835 64,473 65,118 F2-P 62,789 63,366 63,950 64,540 65,135 65,736 66,344 66,957 67,577 68,202 68,835 69,473 70,118 F3 - Capt 69,346 70,040 70,740 71,448 72,162 72,884 73,613 74,349 75,092 75,843 76,602 77,368 78,141 F3-P 74,346 75,040 75,740 76,448 77,162 77,884 78,613 79,349 80,092 80,843 81,602 82,368 83,141 F4 – Batt Chief 90,150 91,052 91,962 92,882 93,811 94,749 95,696 96,653 97,620 98,596 99,582 100,578 101,584 New Pay Table 12 Grade Probationary Step Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Step 14 Step 15 Step 16 Step 17 Step 18 P1 - PO 41,490 43,565 44,000 44,440 44,885 45,334 45,787 46,245 46,707 47,174 47,646 48,122 48,604 49,090 49,581 50,076 50,577 51,083 51,594 PO1 43,565 44,000 44,440 44,885 45,334 45,787 46,245 46,707 47,174 47,646 48,122 48,604 49,090 49,581 50,076 50,577 51,083 51,594 PO2 44,440 44,885 45,334 45,787 46,245 46,707 47,174 47,646 48,122 48,604 49,090 49,581 50,076 50,577 51,083 51,594 SPO 47,646 48,122 48,604 49,090 49,581 50,076 50,577 51,083 51,594 MPO 50,077 50,578 51,084 51,595 P2 - SGT 56,049 56,609 57,175 57,747 58,324 58,908 59,497 60,092 60,693 61,300 61,913 P3 - LT 67,258 67,931 68,610 69,296 69,989 70,689 71,396 72,110 72,831 73,560 74,295 P4 - Capt 80,710 81,517 82,332 83,156 83,987 84,827 85,675 86,532 87,397 88,271 89,154 Grade Step 19 Step 20 Step 21 Step 22 Step 23 Step 24 Step 25 Step 26 Step 27 Step 28 Step 29 Step 30 Step 31 Step 32 Step 33 Step 34 Step 35 Step 36 P1 - PO 52,110 52,631 53,157 53,689 54,226 54,768 55,316 55,869 56,427 56,992 57,562 58,137 58,719 59,306 59,899 60,498 61,103 61,714 PO1 52,110 PO2 52,110 52,631 53,157 53,689 54,226 SPO 52,110 52,631 53,157 53,689 54,226 54,768 55,316 55,869 56,427 56,992 57,562 58,137 MPO 52,111 52,632 53,158 53,690 54,227 54,769 55,317 55,870 56,427 56,992 57,562 58,137 58,719 59,306 59,899 60,498 61,103 61,714 P2 - SGT 62,532 63,157 63,789 64,426 65,071 65,721 66,379 67,042 67,713 68,390 69,074 69,765 70,462 71,167 P3 - LT 75,038 75,788 76,546 77,312 78,085 78,866 79,654 80,451 81,255 82,068 82,889 83,718 84,555 85,400 P4 - Capt 90,046 90,946 91,856 92,774 93,702 94,639 95,585 96,541 97,507 98,482 99,466 100,461 101,466 102,480 Advantages of New Pay System •Eliminates compression issue with new hires •Increases starting pay enhancing our ability to recruit new employees •Provides predictability of pay –you know where you’re going to be •Improves internal equity •Enables us to set at market rate or slightly above 13 PTO Accruals (hours) 14 Fire Police Administration % of time off Less than 1 168 133.1 126.8 6.10% 1-4 216 171.2 163 7.80% 5-9 264 209.2 199.3 9.60% 10-14 336 266.3 253.6 12.20% 15+408 323.3 307.9 14.80% Holiday Pay •Holidays will be paid at rate of 10.6 hours per holiday in Fire and 8.4 hours in Police, including the Birthday Holiday •Advantages: •Makes holiday pay and tracking holiday pay less complicated •More in line with other jurisdictions 15 Proposed Pension Plan Changes •Allow all vacation leave that exceeds accrual limit to roll to pension annually on January 1. Time applied towards years of service. •The difference in hours between the current accrual and the new accrual under the PTO plan transfers to service credit under the pension plan annually. Service credit will be capped at 1 year. •Reduce the actuarial reduction for retiring before the age of 65 from 3% to 2% per year 16 PTO Buyback •Allows employees to sell back PTO annually •1 -16 hours = 100% rate •17 -32 hours = 75% rate •33 -48 hours = 50% rate 48 hours sold would equate to 36 hours of pay 32 hours sold would equal 28 hours of pay •Any number of hours between 1-48 can be sold back 17 QUESTIONS TO: FROM: M11-TON*t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: March 14, 2017 Steven Krokoff, City Managerra) AGENDA ITEM: Approval of a Memorandum of Understanding between the City of Milton and the Judicial Council's Administrative Office of the Courts to Implement a Judicial Circuit Data Exchange. MEETING DATE: Monday, March 20, 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: (,IVYES () NO CITY ATTORNEY REVIEW REQUIRED: (,.)AYES () NO APPROVAL BY CITY ATTORNEY: (,.IAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0311o)ZOl -) 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: Brooke Lappin, Clerk of Court Date: Submitted on March 9 for the March 20 Regular Council Meeting Agenda Item: Approval of a Memorandum of Understanding between the City of Milton and the Judicial Council’s Administrative Office of the Courts to Implement a Judicial Circuit Data Exchange. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton’s Municipal Court would like to enter into an agreement with the Judicial Council’s Administrative Office of the Courts to convert to a “paper- on-demand” software. Journal technologies offers ECourt which is a web-based software for Court Case management. This software will give the Court the capability to reduce the use of paper and case files in the courtroom. It will also allow cases to be moved through the court process in a more seamless fashion. Funding and Fiscal Impact: The City would be responsible for an annual access fee per user beginning on the first anniversary of the implementation. The court would require 5 users at a cost of $8,750.00 annually. Signature pads, scanners, and tablets would be required to utilize the paperless features of the software at a cost ranging from $4,000-$5,500.00. There will not be a fiscal impact until the 2018 budget year. Alternatives: N/A Legal Review: Sam VanVolkenburgh – Jarrard & Davis (2/16/17) Concurrent Review: Steven Krokoff AOC17-JF30 Page 1 of 5 State of Georgia County of Fulton MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into this __th day of __________, 2017, by and between the Judicial Council’s Administrative Office of the Courts (“AOC”) and City of Milton Municipal Court (“Local Court”). STATEMENT OF PURPOSE The AOC exists, in part, to assist judges, administrators, clerks of court, and other officers and employees of the court in matters relating to court administration, and to provide such services as are requested. O.C.G.A. §15-5-24(1). The AOC serves as staff to the Judicial Council of Georgia and serves as the administrative arm of the Judicial Council. O.C.G.A. §15-5-22. The AOC may perform such additional duties as may be assigned by the Judicial Council of Georgia. O.C.G.A. § 15-5-24(8). The AOC has the ability to enter into contracts for the performance of its duties, pursuant to Supreme Court of Georgia Order dated January 15, 1981. Through a Memorandum of Understanding with the Criminal Justice Coordinating Council (“CJCC”), the AOC and CJCC have partnered to implement a judicial circuit data exchange among multiple judicial participants to enable courts and other criminal justice partners to better address the needs of the citizens they serve and to improve the quality, accuracy, and consistency of data by reducing redundant data entry. The Local Court wishes to participate in the judicial circuit data exchange to better address the needs of the communities it serves. The AOC wishes to assist the Local Court in implementing and participating in the data exchange. NOW, THEREFORE, in consideration of their mutual promises and agreements set forth in this intergovernmental MOU, pursuant to the intergovernmental contract clause of the Georgia Constitution of 1983, Article IX, Section III, Paragraph I, the parties hereto agree as follows: 1. Purpose of the MOU. This MOU memorializes the understanding between AOC and the Local Court for the Local Court’s participation in the judicial circuit data exchange. The judicial circuit data exchange will integrate criminal justice system record flow in order to share data electronically within judicial circuits to improve the efficiency and accuracy of criminal justice partners. In order to support the functionality of judicial data exchange, a case management system component is being offered that is compliant with data exchange functionality. The implementation of the judicial circuit data exchange will consist of a data exchange component and a case management system (hereinafter “Project”). 2. Period of MOU. This MOU shall be effective as of the date the case management system goes on line, as determined by the AOC and Local Court (“Go Live Date”) and shall continue in force and effect for Five (5) years. This MOU may be renewed by mutual agreement of the parties in writing, the total length of which shall not exceed the limitation provided in the intergovernmental contract clause of the Georgia Constitution. This MOU is contingent at all times upon CJCC’s receipt of bond funds. Should CJCC not receive the bond appropriation AOC17-JF30 Page 2 of 5 for the Project or should such funding be reduced, this MOU shall expire without further obligation of the parties. 3. Responsibilities and Acknowledgements. A. Local Court: i. Understands and agrees that the Project is a Five (5) year implementation effort. Local Court agrees to utilize the Project for a minimum of Five (5) years from the Go Live Date; ii. Shall allocate sufficient staff and resources to meet the Project needs and shall promptly respond to requests from the AOC for additional information in order to meet Project goals and timelines; iii. Will make a payment not to exceed One Thousand Seven Hundred and Fifty Dollars ($1,750.00) per case management system user to the AOC annually, beginning 1 year from the Go Live Date and continuing thereafter for Three (3) years. Payments will be due on the anniversary of the Go Live Date. Such payments will be for access and use of the data exchange and case management system user license for years 2 – 5 of the Project. Such payments, however, may be adjusted beyond $1,750.00 by the AOC annually, not to exceed Five Percent (5%) per year, based on annual Atlanta Metro Area CPI adjustments from the case management system vendor. Should the AOC not receive such payments by the dates indicated, the AOC may, in its sole discretion, revoke the Local Court’s access and use of the case management system and data exchange. Local Court acknowledges and agrees that its use of the case management system is subject to the annual payment for each case management system user license, which fees are further established as set forth in the AOC’s agreement with the case management system vendor; iv. Acknowledges and agrees that its license to use the case management system is pursuant to an agreement between the case management system vendor and the AOC, and its rights with respect to the case management system are at all times and in all respects subject to the terms and conditions of such agreement. v. Acknowledges and understands that the case management system and data exchange vendor for the Project will be determined by the AOC and the CJCC; vi. Certifies that Memorandums of Understanding are in place to effectively establish judicial data exchange among the local justice partners, including but not limited to, local constitutional officers of sheriff, clerk, and county funding authority. vii. Shall be responsible for the usage of the case management system and data exchange by Local Court staff and members of the public; viii. Shall not copy or otherwise reproduce, reverse engineer, or decompile all or any part of the case management system software; and ix. Shall notify AOC immediately of any errors with the case management system or data exchange. B. AOC shall: i. Provide the Local Court with first year software licenses for the case management software; AOC17-JF30 Page 3 of 5 ii. Provide the Local Court with the initial set-up of the case management system and data exchange; iii. Provide Local Court with initial training on how to use the case management system and data exchange; iv. Provide Local Court with reasonable first tier field support for the case management system and data exchange; v. Provide oversight of the data exchange vendor and case management vendor; and vi. Host and maintain the case management system and data exchange. 4. Notice and Liaisons. The parties will coordinate and conduct communications through their respective Liaisons identified below. Any communication in writing, or any oral communication confirmed in writing, from the respective Liaisons will be deemed communications and notices from the party. Either party may designate a new Liaison, indefinitely, for a stated time period or for certain designated matters. For AOC: For Local Court: Jorge Basto CIO/Division Director 244 Washington Street, S.W., Suite 300 Atlanta, GA 30334-5900 Email: Jorge.basto@georgiacourts.gov Email: Phone: 404-657-9673 Phone: 5. Termination. Local Court agrees to utilize the case management system and data exchange for a minimum of Five (5) years. After the initial Five years, this MOU may be terminated by the Local Court upon Ninety (90) days written notice. Local Court shall be obligated to pay for services performed and completed prior to any termination. Local Court acknowledges and understands that case management system per user costs, as described in Section 3.A.iii., are based on a Five (5) year contract between the AOC and the case management vendor beginning 2016 and ending 2021. At the end of the Five (5) year contract with the case management system vendor, the AOC may enter into a new contract for a case management system with the vendor or another vendor. Local Court’s per user cost of the case management system may increase at the termination of the AOC’s contract with the case management vendor. Should the Local Court wish to discontinue use of the case management system at the termination of the AOC’s contract with the vendor, the Local Court must notify the AOC of the decision to discontinue use by April 1, 2021. AOC shall notify the Local Court of case management system per user price adjustments as they become available. This MOU may be terminated by either party for cause upon Ninety (90) days written notice. Additionally, AOC may terminate this MOU for any reason upon Ninety (90) days written notice. 6. Amendment. This MOU may be amended by mutual agreement of the parties by a writing of equal dignity. AOC17-JF30 Page 4 of 5 7. Cooperation. The parties agree to cooperate with each other in the performance of the services under this MOU including each party providing the other party with timely access to information and resources to meet the objectives of this MOU. Further, the parties acknowledge that unforeseen issues may arise during the period of this MOU. The parties agree to work cooperatively to resolve such issues. 8. Liability. Each party shall act at its own risk and responsibility. Nothing contained in this MOU shall make, or shall be construed to make the AOC or Local Court liable to a third party for the debts or obligations of the other. 9. Policy Decisions. The parties acknowledge that the rights and obligations of the AOC under this MOU are subject to any decision made by the Judicial Council of Georgia or the Supreme Court of Georgia impacting or changing this MOU. 10. Assignment; Subcontractors. The parties rights and obligations under this MOU, including but not limited to Amendments, shall be automatically transferred or assigned, in whole or in part, after notice, to any successor agency or entity that (as determined solely with reference to any act of the General Assembly of the State of Georgia, or order of the Supreme Court of Georgia) succeeds to any or all powers or responsibilities of the parties. The Local Court agrees that the AOC may perform the services under this MOU through the use of AOC staff or through subcontractors without prior notice to the Local Court. 11. Compliance with Laws. The parties shall perform their obligations hereunder in accordance with all federal, state, and local governmental laws, ordinances, codes, rules, regulations, and licensing agreements now or hereafter in effect, including but not limited to all applicable nondiscrimination and state ethics laws. All such laws and regulations are hereby made part of this MOU. 12. Time of the Essence; Force Majeure. Time is of the essence of this MOU. However, no party shall be liable to another party for any delay or failure of performance of service outside the reasonable control of the affected party or parties, including but not limited to technology failures, fires or other casualties or accidents, acts of God, severe weather conditions, strikes or labor disputes, or war or other the like. 13. Execution Electronically or by Facsimile. This MOU may be executed in multiple counterparts, electronically and/or by facsimile, each of which counterpart shall be deemed an original, but all of which shall constitute one and the same MOU so long as the MOU is signed by all parties involved. It is sufficient for one party to sign the MOU and then transmit the MOU, either electronically or by facsimile, to the other party to sign and complete. 14. Waiver. The failure of any party to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right nor operate to bar the exercise o r performance thereof at any time or times thereafter; nor shall a waiver by a party of any right hereunder at any given time be deemed a waiver thereof for any other time. AOC17-JF30 Page 5 of 5 15. Entire Agreement. This MOU contains the entire agreement between the parties with regard to its subject matter and supersedes all other prior and contemporaneous statements, agreements, and understandings between the parties regarding its subject matter. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed as of the date indicated below their signatures: THE JUDICIAL COUNCIL’S ADMINISTRATIVE OFFICE OF THE COURTS OF GEORGIA (AOC) ____________________________________________ Cynthia H. Clanton Director ________________________________________ Date CITY OF MILTON MUNICIPAL COURT (LOCAL COURT) __________________________________ Name: Title: ____________________________ Date Approval as to form: __________________________________ Name: City Attorney MII-TON!IP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: arch 14, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Service Agreement between the City of Milton and MCCi, LLC. to Implement the Laserfiche Records Management System. MEETING DATE: Monday, March 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,VXPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (�ES () NO CITY ATTORNEY REVIEW REQUIRED: (k*"(ES () NO APPROVAL BY CITY ATTORNEY: (eAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0 3 I" I Z0i ,7 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us V To: Honorable Mayor and City Council Members From: David Frizzell, IT Manager Date: Submitted on 3/14/2017 for the 3/20/2017 Regular Council Meeting Agenda Item: Approval of a Service Agreement between the City of Milton and MCCi, LLC. to Implement the Laserfiche Records Management System. ____________________________________________________________________________ Department Recommendation: Approve a new contract with MCCi to implement the Laserfiche records management system to manage the city’s electronic data. Executive Summary: The City’s current records management software, Optiview, does not provide necessary document management features, and its separate interface creates duplication in records storage and management. Laserfiche, in contrast, provides a comprehensive document control system that manages a paperless workflow, integrates all city records, manages retention on those records, and also provides seamless access to those records for tasks like Open Records requests and citizen access to public records through a web portal. Funding and Fiscal Impact: Up-front, non-recurring costs for software implementation will be $171,121.50 Recurring annual costs for maintenance and support will be $32,189 after the first year. Subtracting the current annual amount of $10,010 for Optiview maintenance and support, the city’s annual recurring costs will increase by $22,179 the first year, and then increase at an anticipated 3% rate annually after that. Up-front Costs for server hardware will be approximately $29,000 These expenditures have been approved as part of the FY17 city budget plan. Alternatives: The current Optiview system does not advance the city’s strategic goals of more efficient and transparent government, but does cost less to maintain. Legal Review: Sam Van Volkenburgh – Jarrard & Davis (March 6, 2017) Concurrent Review: Steven Krokoff, City Manager Attachment(s): 3_6_17 Standard Professional Services Agreement MCCi (Final) v1 0.pdf SOFTWARE LICENSE ANIS SERVICES AGREEMENT THIS AGREEMENT is made and entered. into this ..day of.12.0 (the "Effective Date"), by and between the CITY OF MILTONT � GEORGIA, a municipal corporation of the State of Georgia; actitag by and through its goven" authority, the Mayor and City Councit (hereinafter referred to as the "City"), and MCCi, LLC, a. Florida limited liability company (herein after referred to as the "Consultant"), collectively referred to .herein as the "Parties." WITNESSETH: WHEREAS, City desires to obtain software licenses and. related support services in connection with a Project.(.defined.below); and. WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the ser�Fices contemplated under this Agreement; and WHEREAS, Consultant has represented that it isqualified by training and experience to perform the services; and WHEREAS, the public interest will be seined by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature: and extent of the Agreement,. the Project, and with all applicable local conditions and federal,state. and local laws, ordinances, rules and regulations. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, .and the acknowledgernerits. and agreements contained herein, and other. good and adequate. consideration, the sutfliciency of which is hereby acknowledged, the Parties do mutually agree as follows: T. SCOPE OF SERVICES AND TERMINATION BATE A. Agreement. , The Agreement shall. consist of this Software. License and Services Agreeni.ent And each of the Eahibits.hereto, which are incorporated herein by reference. including:. Exhibit `` "— City Solicitation Documents Exhibit "B.1" — Consultant Response/Proposal Exhibit `°BX2 — Additional. Documentation for Data: Migration. Senlice Exhibit "B3" Additional Documentation .for JustFOtA License and Services M V, �=, 0 ESTAELlSliEL170i1u SOFTWARE LICENSE ANIS SERVICES AGREEMENT THIS AGREEMENT is made and entered. into this ..day of.12.0 (the "Effective Date"), by and between the CITY OF MILTONT � GEORGIA, a municipal corporation of the State of Georgia; actitag by and through its goven" authority, the Mayor and City Councit (hereinafter referred to as the "City"), and MCCi, LLC, a. Florida limited liability company (herein after referred to as the "Consultant"), collectively referred to .herein as the "Parties." WITNESSETH: WHEREAS, City desires to obtain software licenses and. related support services in connection with a Project.(.defined.below); and. WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the ser�Fices contemplated under this Agreement; and WHEREAS, Consultant has represented that it isqualified by training and experience to perform the services; and WHEREAS, the public interest will be seined by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature: and extent of the Agreement,. the Project, and with all applicable local conditions and federal,state. and local laws, ordinances, rules and regulations. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, .and the acknowledgernerits. and agreements contained herein, and other. good and adequate. consideration, the sutfliciency of which is hereby acknowledged, the Parties do mutually agree as follows: T. SCOPE OF SERVICES AND TERMINATION BATE A. Agreement. , The Agreement shall. consist of this Software. License and Services Agreeni.ent And each of the Eahibits.hereto, which are incorporated herein by reference. including:. Exhibit `` "— City Solicitation Documents Exhibit "B.1" — Consultant Response/Proposal Exhibit `°BX2 — Additional. Documentation for Data: Migration. Senlice Exhibit "B3" Additional Documentation .for JustFOtA License and Services Exhibit "S:4" Additional Documentation for Laserfiche License and Services Exhibit: "C" - Contractor Affidavit Exhibit "D" - Subcontractor Affidavit Exhibit "E" -- Key Personnel B. Project Description. The "Projeef, at issue in this Agreement is generally described as: implementation of a coiriprehensive. Document Management System as described in RFP 16-ITOI (Exhibit ``A."). C. The Software and Services. The software azid services to be provided lander this Agreement shall comply with, and shall lie sufficient to meet, the requirements for the..Project.as described in Exhibit "A." The software and services will include the following components: _._.._ IATA NIIGRATI�T SERVICE OPTIVIEW TO LASERFICHE_--._..� Price 22,4T7:5D _ _ --- - — - �_... �.-.�-- Payment Cflnsultant will invoice fifty percent (50%) of the total contract amount upon Terms. complete execution of Agreement. Balance will be invoiced and billed upon J.delivery of migrated .data. { Term Cine -tune service, beginning oil a.date: to:be mutually arranged between City and 3 _ Consultant. �Descrirition f See Exhibits "B.1" and '6B.2' JUSTrOTA SOFTWARE SUBSCRIPTION Price ! $4,050.00 for theinitial year. License price. may be adjusted each subsequent I year. by Consultant to coincide with current U.S.inflation rates �- any increase will not exceed. the cumulative increase in the. Consumer Price index (CPI) _ occurring since the last price increase. PaymentC no sultant will`invoice one hundred percent (l00%) of the. initial annual Terms i subscription amount upon. providing the City online access to. the. JustFOIA service. For renewals; Consultant shall invoice City at least thirty.days prior to .the. b inn' of the renewal term. Term One-year license, starting thirty days after complete execution of Agreement. License will automatically renew each anniversary of the start date for a in of 4 .additional annual renewals unless notice of non -renewal is _ proyided.by either partyat Ieast 90 days prior to the anniversary date. m _ Desc tin See Exhibits "B. 1'." and m.il.iSTFOIA SETUP AND TRAINING SER''VICE Price $1'8.40..00 PaymentW ;Consultant will invoice one hundred percent (1000 o) of the price for services Terms a on completion of services. _ __ - I� - Term ; One-time service, begu ming on a..date to be mutually arranged between. City and Consultant: Descrintion See Exhibits B.1 .and11B.3 2 LASERFICHE SOFTWARE SUBSCRIPTION � Price IS75,405.00 # Payment 1 Consultant will invoice one hundred percent` 001/6}. of the amount upon. delivery Terms ' of software.. Term nice-tinxe purchase of perpetual license. .. .._.m_._...__._ -------------------------- f Descri tion LASERFICHE ANNUAL SOFTWARE SUPPORT f-- - Price $27,3.79.00 for initial.year. Support price may be adjusted each.subsequent year by Consultant to coincide. with current U.S. inflation. rates - any increase.will not I exceed the . cumulative increase in the Consiuner Price index {CPI} occurring , since the last price increase.Payment T Consultant will invoice one hundred percent (I 001/Q) of the initial annual support s Terms fee upon delivery of software. For renewals, Consultant shall invoice City at ` least thirty- days prior to:the beginning of the a renewal term.. Term One year of service,, starting 30 days after Consultant submits software order to Laserfiche. Service term will automatically renew each anniversary.of the start date for a maximum of 4 additional annual renewals unless notice of non -renewal 3 is provided by either party at least 90 clays�ior to the anniversary date. Description See Exhibits ` B.I and "B.4" i MCCI PROFESSIONAL SERVICES Trim. --.—J$36,314:75 . _ $36,314:75. ($40,010-$35g5.25:d_iscount}.._ Payment Consultant will invoice one hundred percent (1000/o) of the price for services Terms upon completion of services. 1 Terni One-time service, beginidIng on a date to be mutually arranged.: between City and Consultant._ Description { See Exhibits "R 1" and:" 13.47' Unless otherwise stated in Exhibits "BA - B.4", Consultant: skull provide all material, labor, insurance, tools,. equipment,. machinery, transportation, and. any other miscellaneous items andwork necessary to complete the. Project. Some details necessary for proper execution and. completion of the Project may not be specifically described in the Agreement, but they are a requirennent of the Project if they are a usual and customary component of 'the contemplated services or are otherwise necessary for proper .completion of the contemplated work. D. Terni of A reernent. Consultant understands that time is of the essence. of this Agreement and warrants and represents that it will perform all work in a prompt and timely manner. The terrn of this Agreement ("Term"). shall commence as of the. Effective Date, and end when. all services have been.perforAned and. all licenses and service terms have expired without. renewal. If the Term of this Agreement extends across multiple calendar years,. the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-1.3, shall terminate absolutely.and without further obligation on the part: of City on September 30 each year of the Term, and further,that this Agreement. shall automatically and immediately renew the next day of the Term on October 1., absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to October 1. Title to any supplies, materials, equipment, or other personal property shall remain 3 in Consultant until fully paid for by City. U.. WORK CHAlliGES A. Change Order Defined. A "Change Order" nneans. a written: modification of the Agreement, sighed by representatives of Cityand.Consultant with appropriate authorization. R. Right. to Order Changes. City reserves the right to order changes. in the Work to beperformed under this Agreement by altering; adding to, or deducting from the Work. All Stich 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 perforating the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, Cityshall have the right to determine reasonable terms, and Consultant shall proceed withthe changed worn:. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement_ No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly:exeeuted on behalf of City and Consultant. D. Authority to Execute Change Order. The City Manager has. authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect. does not materially alter the. terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III (B) below.. Any such Change Orders materially altering the terms of this Agreement, or anyChange Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved byresolution of the Mayor and City Council. Amendments shall not result ma. variance in price exceeding ten percent of the original contract amount. IH. COMPENSATION AND.METHOD OF PAYMENT A. Payment Termist Except as to any down payments required by this Agreement,. City agrees to pay. Consultant for tine licenses provided and services performed by Consultant upon certification by City that the licenses were. provided and services were actually performed iti accordance with the Agreement. Compensation shall be paid to Consultant upon City's receipt.. and approval of invaicea, setting forth in detail:dne services performed. and (if reimbursable):costs uncuffed; along with all supporting. documents requested by City to process the invoice. Any changes to the services that would result. in additional costs to the City 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.Citystaff. B. Maximum Contract Price. The total amount paid in the initial calendar year of this Agreement: as compensation for completing. the Project shall not, in any case., exceed S 167,426:25, except. as outlined in Section II(C) above; and Consultant represents that this amount 4 is sufficient. to provide all the. software licenses and perform all of the .services set forth in and contemplated. by this Agreement. Iii subsequent calendar years, the total amount paid shall not exceed S32,.1$9.20, except as.outlined in Section 1I(.C) .above.or as increased.to match the CPI as outlined in Section I(C) above. The total amount payable in a given calendar year shall, for purposes of this Agreement, be the "Maximum Contract Price." C. [RESERVED] 1Y. 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 tlzat City's intention and puipose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion.:of.the services undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in. the appropriate area of expertise to perform the services 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, comrnittees. or other regulatory bodies in order to complete the Project. Further, Consultant agrees that it will perform all services in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all, federal; state, and local laves; regulations, codes; ordinances, or orders applicable to the Project, including,. but not. limitedto, any applicable records retention requirements and Georgia's Open. Records Act (O.C.G.A. § 50-I8-71, 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.. IRESERVEDI C. [RESERVED) A. Consultant's Reliance on Submissions by„City. Consultant must have timely information and input .from City in order to complete the Project. 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. Michael Beaudreau .shall be authorized to act on Consultant's behalf with respect to the Project. 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 5 transfer any interest in, or delegate any duties of this Agreement; without. the prior express written consent of City. As to airy approved subcontractors, Consultant shall be solely r=esponsible for reimbursing them, and City shall Have. no obligation to. them. G.. Responsib Y of Consultant and hidemnificatiork of GtV. Consultant covenants and agrees to take and assume all responsibility for the Project. Except to the extent specifically limited by applicable language in Exhibits.S.2 through B.4, 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 Project rendered pursuant to this Agreement. Except to the extent specifically limited by language in Exhibits B.2 through IBA, Consultant shall defend, indemnify and hold harmless City and: City's elected :analappointed officials, officers, boards;commissions, employees, representatives; consultants, servants, agents'. attorneys and volunteers .tindi.vidually an "Tndemnified. 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 riot 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 oTnission 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. This indenuaity obligation shall. not be construed to negate, abridge, or otherwise reduce any other riglit or obligation of indemnity NvItich would otherwise exist as.:to any party or person described in this provision: lu any and all claims against an Indemnified. Party;. by any employee of Consultant, its subcontractor, anyone directly of indirectly employed by Consultantor 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 hinitation on the amount or 'type of damages, compensation of 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 Bold ham-iless the Indemnified Party( es) shall survive expiration or termination of this. Agreeraxent, provided that the claims are based upon or arise out of actions or omissions that occurred during the perfortnance of this Agreement. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the.Project as an independent contractor and not .as the agent or employee of City.. Nothing Uri 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 far its awn matters relating to the time And place the Project is performed and the method used to perform its services; the instrumentalities, tools, supplies and/or .materials .necessary .to complete the Project; hiring of consultants, agents or employees to complete the Project; 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 6 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 Project 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 alt .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. L Insurance. (1) Requirements:: Consultant. shall have and maintain ui 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 Project 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 City Manager. (2) Minimum Limits of Insurance. Consultant shall .maintain. the following insurance. policies,with. coverage and limits no .less than (a) Corrunercial 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.includlug for bodily and personal injury, sickness, disease. or death,. it jury 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 $1,0.00,00.0 (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 law. and Employers' Liability limits of $100,000 (one hundred thousand dollars) per 7 occurrence or'disease.. (e) Commercial Umbrella Liability Coverage: $ ''NIA" 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 liisured 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 beincluded on the. certificate of insurance. (4) Other Insurance Provisions. Each policy shall contain, or be. endorsed. to contain, the following prox isions respectively: (a) General Liability: Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City's elected and appointed officials, officers,. boards, commissioners, employees, representatives, consultants, servants, agents. and volunteers: (individually "Insured Party and collectively "Insured Parties"). shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant products and completed operations. of Consultant, premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or Borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded. to the Insured Parties. Nothing contained in this section shall be construed to require the. Consultant to provide liability insurance coverageto any L sured 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 serf -insurance maintained by the Insured Parties shall. be in excess: of Consultants 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 Paries. 8 (:iv) Separate. Coverage. Coverage shall state that Consultant's insurance shall apply separately to. each insured against whore claim is made. or suit is brought, except %yith 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. Parries for losses arising from the. Project. performed by Consultant for City... (b) ViWorkers' CoMensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights. of subrogation against the Insured Parties for losses arising from services 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.resetves 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.. (S) Acceptability of Insurers: The insurance to be maintained by Consultant must ,be issued by a. company licensed or approved by the Insurahce Commissioner to transact business: in the. State of Georgia. Such insurance policies shall be placed with insurer(s).with an A.K Best Policyholder's rate of no less. than "A-" and with a ;financial rating of Class VII .or. greater... The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in. the. proscribed form.. 9 (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates..of insurance and endorsements to the policies evidencung 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 forin utilized by Consultants 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 resercres the fight. to. require complete, certified copies of -all required insurance. policies at any tinier Consultant shall provide proof that. any expiring coverage has been renewed or replaced prior to the expiration of the coverage.. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as. described herein) coyer all. subcontractors and. thework 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, includuzg,. but not limited to, naming the. Insured Parties .as additional insureds. (8). Claims -Made Policies: Consultant shall extend any claims made insurance PORGY for at least six (6). years after termination or final payment under the. Agreement, whichever is later,. and have an effective date which is oil or prior to the.Effective Date; (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (1-0) Progress Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors. or insuranee carriers from providing the coverage required. in this Agreement.. I Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.0: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 fonns, ,attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E_ Verify program to. be sworn under oath. under criminal penalty of false swearing pursuant. to C:C.G.A. § 1640-71), that. it and Consultant's 16 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 OC. GA. §.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 not requited to provide an affidavit because. it is an inchvidual (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 Aiat 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 City with evidence that it. is. an individualnot required to provide such an affidavit because it is licensed and in good standing as rioted in sub -subsection. (2) above. Further, Consultant hereby agrees to comply with .the requirements of the .federal. imrnigration.Reform and Control. Act of 1986 (IRCA), P.L. 99-603, 0.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 subcontractors) in connectimi with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's: compliaixce with. O.C_G.A. § 13-10791 .and Rule 300-10-1-A2: by .tlie subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D"; which. subcontractor affidavit shall become part of the 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 iii 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 sttbcontsactor. Where Consultant is required to provide ail 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 recordsof their respective verification pro.cessfior: a period of five (5) years following completion of the.. contract: Further, where Consultant is requiredtoprovide air .aftldavit pursuant. to O.C. G.A. § 1340791, 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.ernploy 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 rnay.report same to the Department of Horrreland 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. II Consultant agrees that the employee -number category designated below is: applicable to Consultant. [Information only required if a. contractor affidavit is required pursuant to [3.C.G.A.. 13'-10-91.1 540. or more employees. 140. or more employees. _h Fewer than 100 employees. Consultant. hereby agrees that,. in the event Consultant employs or contracts with any s6contractor(s) in connection with this .Agreement and where: the subcontractor is regiuired to provide an affidavit pursuant to O.C.Q.A. § 13-1.0-91, Consultant will secure from the subcontractor( s)such subcontractor(s') indication of aboveemployee-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 lepers, data bases, and similar materials xelating to the Project performed for. City under this Agrement ("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) yearsfrom the date that final payment is. made to Consultant. by City under this Agreement. Furthermore; Records that are the subject of audit iuidings sliall be retaina d .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 Infon-nation: LUpon. request, Consultant shall furxiish 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 12 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 representatives) 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. lin such instances, City or City's representatives) shall not interfere with or disrupt such activities. L. Ethies 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 Project. Should Consultant become aware of any circunistances tbatmay cause a conflict of interest during the Term of this. Agreement, Consultant shall itmimediately .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 itis 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 subi 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. 13 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 acknoNvledges 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 (rade secrets. pursuant to Article 27 of Chapter 1 of Title 1.0, and the Parties shall fallow the requirements of Q.:C.G.A. § 50-18-72(a}(34): related thereto. N. Key Personnel. All of the: individuals identified in Exhibit "E", attaclicd hereto, are necessary far the successful completion of the Project 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 'IE", without written approval of City. Consultant recognizes that the composition of this. team was instrumental in City's decision to award the Project 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 previsions of this paragraph shall constitute a. material breach of Consultant's obligations under this Agreement and shall: be grounds for termination. 0. 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 infarm 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 snake a good faith effort to resolve problems, may result its 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. bifid Consultant to the terms. of this Agreement, if applicable. Q. [RESERVED] R. Nondiscrimination. in accordance with. Title V1 of the CiVil Rights Act of 1964, as amended, 42 U:S.C..'§ 2000d, section 303 of the Age Discrinunation Act of 1975;. as. amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities: Act of 1990, 42 U.S:C. § 12:132, 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 14 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 Project; provided.that Consultant shall not unreasonably encumber the Project. site(s) with materials or equipment. B. Citv's Representative. David Frizzell. shall be authorized to act on City's behalf with respect to the Project as. City's designated .representative..an this. Project; provided that any changes to the: Project or the tennis of this.. Agreement must be approved as provided in Section Il. above. VI. TERMINATION A. For. Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days. in advance of the termination. date. W For Cause.. Consultant shall have no right to terminate this .Agreement prior to .completion of the Project, except in the event of City's failure to pay Consultant within. thirty. [30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant's breach or default under this Agreement, City May terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days' written notice of its.intent: to terminate the Agreement for cause and. the. reasons therefor. If Consultant fails.to cure the breach or default within that seven.(7) day period,. or otherwise remedy the breach or default to the reasonablesatisfaction of City, then City May, at.. its. election: (a) in writing terminate the Agreement ui 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. §. 3&60.13; this Agreement shaltbe..deemed terminated as.provided in 1(D) of this Agreement. further; this. Agreement shall terminate immediately and. absolutely at such time as appropriated or othenvise unobligated :funds are no .longer available to satisfy the .obligation of City.. 15 D. Payment. Upon Termination.: Upon. termination, City shall provide any outstanding payment to Consultant. for. services rendered and, where authorized, expenses incurred prior to the termination date; provided t) at,.whiere this Agreement: is terminate(! for cause, City may deduct from such payment any portion of the cost for City to. complete or hire someone to complete) the Project, as determined at the time of tennunation, not otherwise covered by the remaining unpaid Maximum Contract Price.. Upon termination;. Consultant shall. refund to City the. pro=rataportion of any pre -paid yearly license fee and. support fee that. will not be used, calculated by dividing the number of unused days by 365.. 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 sen nes, cancel: as many outstanding obligations as possible, and riot 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.. MISCELLANEO .S 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:nratter of this Agreement not .contained in this Agreement shall be valid. or binding. This. Agreement maybe modified or amended only by. a written :Change Order (as provided in Section II above} or other document signed by representatives of both Parties with appropriate authorization. B. Suecessors 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. Governiny Law. This. Agreement shall be governed by and construed in accordance. With the laws of the State of Georgia without .regard to choice of.lauj 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 grill control: Any -:action or suit related to this Agreement shall be brought in the Superior Court of Fulton County,. Georgian or the U.S. District Court for the. Northern District of Georgia-- Atlanta Division, and Consultant submits to. the jurisdiction and venire of such court. 16 D. Captions and Severability: All headings herein are intended for convenience and ease of reference purposes onty.and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or nil any way affect tliis Agreement: Should aiiy articte(s) or " ection(s). of this Agreement, or anypart.thereof, later be deeaned 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 remau' ung '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 Project to be. provided hereunder, Consultant shalLapply to City for a business license, pay the applicable business license fee, and. maintain said ni business license during the Terof this Agreemwii, unless Consultant provides evidence. that no such license is required. F. Notices. (1) Communications Relating to Day4o,-Day� Activities.. All communications relating to the day-to-day activities of the Project. 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 deemedreceived; and shall be effective; when: (1) personally delivered, or (2) an the third day after. the postmark date when mailed by certified mail,. postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address. given below,. or at a substitute address previously furnished to the other Party by written notice in accordance herewith.. NOTICE TO CITY shall be sent to: City. Manager City of Milton,: Georgia 13000 Deerfield Parkway, Suite 107F Milton; Georgia.30004 NOTICE. TO CONSULTANT shall be sent.to: MCCi,.LLC 195.8A Commonwealth Ln Tallahassee, FL 323.03 G. Waiver of Agreement.. No failure by City to enforce any right or power granted 17 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 tenns 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. L. No Third Party Rights. This Agreement shall be exclusively for the benefit of. .the. Parties and sliall riot provide any third parties with. -any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign )Cmmurrity, 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 Comicil 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 became 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. TheParties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, del -hand 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 became .familiar with this Agreement and has notified City of any discrepancies, conflicts: or errors herein. In the event of a conflict nix 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.1t was responsible. for drafting alae: 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 18 terms Used as nouns in .the Agreement shall be iiicluslveof their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Maieure. Neither City icor Consultant shall be liable for its respective norm negligent or non -willful failure to perform or shall be deemed in default with respect to the Tailure to perform (or cure a failure to perform). any of its respective duties or obligations under this Agreementor 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 disttu:bance, riot;. insurrection or invasion. In such event, the time for perfon-nonce 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 ofthis Agreement shall be considered.a material breach ofthe entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law .or in equity. D. Tax Exempt Status. City is a govermnental tax-exempt entity and is. not required to pay Georgia sales and use taxes.. Consultant represents. that the Maximum Contract Price includes all. applicable taxes (if any) and Consultant is not aware of any additional. taxes that are required to be paid. .IN WITNESS WHEREOF City. and Consultant have executed this Agreement, effective as of the Effective Date first above kwitten. [SIGNATURES ON FOLLOWING PAGE] 19 CONSULT; MC LLC Signature:-^--f—� Print Name:�n.,r�,-�y' Title: Member/Manager (LLC) Attest/Witness: Signature: Print Name; Title: Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney [CORPORATE SEAL] (required if corporation) CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 20 [CITY SEAL] EXHIBIT "B.1" Document rVianagernent Solution submitted to; Milton, GA HOME OF jJ;-S A irk V, ESTABLISHED 2006 Opening hate: September 1, 2016 2.00 p.m. City of Milton.. Proposal Letter 5.1 RFP 1 a-IroI HOME DF'TFfE Bpi CJUAi1iY oF i1F jw�r> C]�R -jA MILTON11N, ESTABLISHED 2006 ON 144D1 PROPOSAL.LEMR (Ridder to sign and return .with proposal) We propose to famish and deliver any and all of the deliverables :and services turned in the Request for Proposal (RFP) -- Document Mono gement Itis. understood and agreed that We have read the City's sPecificatlons.shown or referenced in the REP and that ft. proposal is made.in.accordance vdfh the provisions of such specifications: By our written signa#ure on this. proposal,.we guarantee and certify that all items included meet or exceed any and all such City specifications. We further: agree, if awarded a contract -to deliver goods and servicesWhich meet or exceed the specifications_..The City reserves.the right: to reject any or all proposals; waive technicalities; and informalities, and to make an wa award. In the best interest of the chy.. PROPOSAL SIGNATURE AND .CEnFICATION I understand coilusive.bidding is a. violation of State and Federal.Lawand can resun in Fines, prison -sentences, and dyll darnage.awards, I agree to abide: by oil conditions of the. proposal and certify that I am authorized to sign for my company, I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not beenviolated and will not be violated in any.respect. Authorized Signature n"-- )]ate $]d5 aG I:� Pdnt/TYpe Name .- �/�,�� �.., �{�. i- w Printfi'ype Company Nome.Here City of Witan Offeror Information HO ME pF ?HE BEST QUALMY Qf LUT:I�Pnpr- ' MILTON11-r' �.,. ESTABL1SHFD 20[76 RFP Number RFP Me: RFP16-Ii0] Docurne Dub Date.and 1]me; September 1, 2016. Issue Este: Au gust .4, 2016 City of MIIton ET Department I 13000 Deerfield Pkwy,suffe 107F Allton. Ga. 30004 I Number or Pages: 49 Phone:678-242-3600 Fcx.1678-2+42-2499 Website: v►rwrar.cif►-ctnllfonGL Refum Proposal to: Mark. Face of Envelope/package. W RFP Humber: UP16-IT01 City,of Milton flame of Company or Flim Afth: Hor clWotes, Purchasing Speciallnstructions: Office. Deadline For WrRten.Quesiions: 13000 Deerfieid Pkwy, Suite 107E Aug.. 15, MA Milton, Ga. 30004: Email questions to Honor Motes at honor, mates of lton City of M11 ton Disclosure Form 4 1 RFP 16 -ETD] I hKO— OPTHE BF5T 2l1AUfY aF LIFE IN GE RGTA' m M1 L1 ESTASUSHED:2006 r CITY OF MILTON DISCLOSURE. FORM i MUST BE RE -TURNED WITH RESPONSE This :form is for disclosure of.campaign contributions and f0m1Y member relafions with city of Milton oFficiols/employees. Please.compiete this form rand return as part of your. UP package when itis submitted. i :T r Name and the vfficiaf position of the Milton Official to whom the campaign. I. conti1buttan was made (Please .use a separate form. for each official to. whom a confflbution has been made in the past two 12) years,( Ustthe.dollor amount/.value and descOpfion of.each campaign.conhibution made over the past two 0. years by the Applicant/Opponent to the named M7tnn Officia9: AmountNaiue Description N �! Please. list any family rhember'tnat is currently (or has been employed within.the last 12 months) by the City of Milton and your relation: Nle N}A contractor Affidavit and Agreement 6 1 RFP i &IT01 MUST BE RETURNED WITHQUALIFICATIONS UALIFICATiONS COHTRACT4R_l4FFiL1AVIF„AHfS AGREEMEIIlT STATE OF GEORGIA CITY -OF MILTON By executing this.affrdavit. the undersigned contractor verifies its compffancewfth Q.C.ia A& § }3_ 30791, stafing aff€rmotively that the individual,.frm, or corporation which is.engaged in ftie phrysica! Perfarnance of services on behalf of the City of :Milton has regislered with; is authorized to use. and rises the federal work outhoriizatic n: program commonly known as E -Verify, or any subsequent replacement pragrdrnJn accordance with the applicable Provisions. and dead,'.ines esfob6shed in O.C,G.A. § 13 10.91. Furthermore, the undersigned contractor waif continue to.ltse the federal work authdrlxaiian program throughout the contract period and the.undersigned contractor Mi ccntracf far the physicd€ performance of services ln:sotisfaction of such contract -only with subcontractors who present .ion affidavit to the contractor with the infaumotion required by o.C:G.k §: 13.10-91 sba. .contractor hereby attests that its federal Work cuthorization user identification numb .erand date of authorization a e.`as fdJDWs: everify Number Qaie. of Authorization (ACG j t_Lc_ Nome of Contractor ' Nome. of Project I City of rnq#;n Name of Public. Emioloyer j f hereby declare under penalty of per i� Thalt he Foregoing u frue:and: correct. II Executed on i]$ - �4i�.inialicd�� FL �sip3ej.. Si�gnaafure of Authorized Officer or Agent Printed Napc s nd We .af AuthaHzeTd Officer or Agent f Technical Proposal ; ITa6{e of Contents E A. Project Team ........ ......... .... ...................................................7 CompanyBackground ............................. .........................................7 Ownership Structure ........................................................................................ .......................7 Key Personnel............................ ...........I .......... 7 B. Work Plan ............................. ....... ........... ....................... ........ ............ ....:13 Approach. ........... ....... ............. .. ..._.......,.............................................13 MCCI PROJECT. MANAGEMENT SERVICES :... :............... :.. I3 LASERFICHE BASE SOFR IVARE TRAINING.SERV[CE5,.,.................................... RECORDS MANAGEMENT MODULE TRAINING.. ........... I5 LASERFICHE CONNECTOR INTEGRATION CONFIGURATION & TRAINING................:.......................:.....:..:...............15 LASERFICHE FILING WORKFLOW...,.. ....................................... ...............16 TRAINING CENTER..... .............................................. 5 LA5ERHcHE ADMINISTRATION SERVICES- LEVEL 1 .............................. .............17 MANAGED. SERVICES .................................................... Challengesand Approach. .......... .. .................................................................................19 C. Related Projects and Custorner References....., ............................... .................. ­­ ................. D: Project Pricing ........................................................4....................._..... .......23 pricing !sin separate. section per RFP instructions.. ......................................................................23 Application Addenda. Acknowledgement Form ............................... ................................ .24 3.2 Project Scope of Services . • . .............. , ...........................................................................:25 LASERFICHE.AVAt+ITE............................................ .. .36 LA$ERFiCHE RIO. .. • ................................................ 36 LASERFICHESOFTWARE FFATURESANL7 LICENSIHG......................,......................................................::.:............:..36 Feature........................ ........ .................... . Avante...... ,....... . .... ...... ... .............................................................36 Ria......................... ........ ............... ................. . ............................................................. .......36 Comments.......... .. ...................................,...,..................................... ...... .36 .LA5ERFICHEpLUG-INS........................................................................... ............. 9 CaptureModules...... .. ...................... ................................................................ ......... .39 Distribution Modules ........ ................•..............................,.................,,......40 Workflow Process Automation, Collaboration, and Tracking... .......... .........................42 ElectronicForms.. . ................................................................................. 43 Laserfiche Integration Plug -Ins ................ MCC! Terms. and. Conditions ...................... ................ I .......................... . ......... ........................... :47. A. Project Team MCCi, a subsidiary of Municipal Code Corporation (The nation's leading codifier for.locaI government serving over 4;000 city county government agencies), has been providing EleCt(onic Records Management and Agenda Automation Solutions to its.clients since 1998. Company Background MCCi, a subsidiary of Municipal Code Corporation (The nation's leading codifier for local government), has been.providing Electronic Records Management Solutions to its clients..since 1998: i.n 1998 Municipal Code Corporation. (MCC) created a document imaging division, which subsequently evolved into MCG in the summer of.2003. This allowed MCCi to provide its customers with a higher level of service; but still benefit from. the stability and credibility of MCC. MCCi is headquartered in Tallahassee, Florida with .sate Ilite offices in Boise, Id aho,.Atlanta, Georgia., Jacksonville, Florida, Fort Worth; Texas, Edinburg, Texas, Carmel, Indiana and St. Petersburg, Florida. With a client base of over Baij government agencies, we are striving to be the leading Enterprise Content Manage merit (ECM} provider in the United States. MCC! has been the #1 Laserfiche VAR in government since 200.5, and the ##1 Las.erflche VAR in the world forthe last 7 .years. Over the past: ten years, MCC! has had the opportunity to gain an in depth look into how government organizations ut€iize their documents on a day-to-day basis. This thorough understanding has provfded.MCCi the edge needed to provide our clients with a tailored solution that w€ll,meet each individual organization's needs. Our goal is to. develop soiutionsthat w€ I enable.our customers to increase eff€cfency, productivity, and internal organizational structure. ownership Structure MCCi's corporate structure is a Limited Liability Company and it is a subsfd€ary of Municipal Code Corporation: MCC€.'s.governance is directed by the MGC Board of Directors; and strategic and. tactical issues identified lay the Board are executed by the President and the. Leaders hlp team. MCCi's employee headcount as of 2016 is 50 employees.. Key. Personnel MCC! brings a: dedicated staff of employees focused specifically on providing ourellents with the most rel€able solutions. available. MCCi currently employs a total of 52 employees: The fallowing are key personnel that would be associated with the project and. their qualificatloris. Donny Barstow President Donny is. President of the company and has leen with. MCC€ since 2QOO. e Key.Respo:ns.ibili.ties. Upper -Level pecis!on Making Enterprise -Level Client. Consultation Research &.Prod uctDevelop ment. Educational Speaker • Experience & Skills 13 years of.experience in. working with government agencies 11.years ofexperience.in upper-level management ® Education/Certifications Bachelor of Science in Management Information Systerm from Florida. State University Master of Business Administration from University of Florida cc RFP4 16-#T{}1 Document lManagement-Solo tlo.ns Page .7.of 50 ,... . Derick ProuIx !7 Man❑ er Derick has been with MCCi.s'iiice 2011 and. currently leads the following departments: Support; Managed Services, and internal M Derick is responsble far ensuring timely and quality responses for all MCCi clients. Key Responsibilities Manages Internal Systems (including CRM and Laserfiche,- among others) Primary Coritact that Works with Municode's IT department on matters related to MCC!'s Ha rdwa re. I n frast r u au re Prodding Leadership for the Support Technicians and Managed: Services Technicians and Acting as MCC! Escalation Resource for All Client Support Issues Monitor the Volume of Support Ca )is and Verify thatCii ants are receiving. the. Highest Level of Customer Service n. Experience & Skills Over 10 years of desktop and application support Over S. years of Document Management.ExpeHence Responsive customer support and communication ® Education/Certifications Associate of Science:ln Computer Networking.& End User Support Certified. Document Imaging Architect (CDI.At) Certification HIPAA Privacy & Security Awareness Q I S Security..& Awareness Certified Laserfiche Administrator 1, Laserfiche Troubleshooting Specialist &Capture. ll: Quick Fields Certification Michael Widnes lead Solution Develo er Michael has been with .MCCi.sinre 2004 and currently serves as the Lead -Solution Developer.for the. company. Key Responsibilities Product Development Software Development & Customixatlons Software. Installation & Training Project Management Data.Conversion Customer Technical Support Eisperienee & Skills 14 years in the information technology field and technical.support roles &years in Project:Ma.nagement 9 years. of experience in software development Education/Certifications Bachelor of Science in Computer Information Science from University of West Florida Certified Laserfiche Integrator Gareth Cases VP of Pro essionalServices Gareth Cafes has been with MCCI since 2011. and currently serves as the Director of Project Management and MCUS Pre-Sales..Engi.neer; Gareth specializes in enterprise system: architecture, implementation and trai rig. Key Responsibilities Manages project workload and pre -sales efforts. Assists. in Securing Business for MCCi K0C1 RFP# 1.6-1T01 Document Management Solutions Page 8 of 50 Manages Quality and Quantity of P rofessiona I Services that.MCCi Delivers Through out:the.Year Enterprise Deployments. Software Insta€lation.&.Training: Lute -of -Business Application Integration Business Process Analysis + Experience & Skills 8 years of experience in Information.Technologyfield 4 years of experience in Technical Support 3.years of experience managing projects 9. Education/Certifications CornpTIA Certif€ed Document Imaging Architect (CDIA+). Certified Certified Laserfiche Administrator 1, Laserfiche Specialist, Laserfiche. Advanced Security &. Laserfiche Business Process Management Ria Ruiz; Sehlor Proiect.Manaoer Riga has been with MCCi.since 2005. and currently serves as a Project Manager and Installation and Training Technician. He is based in Edinburg, Texas. Key Resporssibi €ities. Project Management E f Software Installation &Training [ Technical Support Experience. &Skills 16 -years of experience in customer support 10 years of experience with Laserfiche software 10 years of experience. in working with municipal governments + Educat ion%Certifications Bachelor of Sclence in Mathematics from the University of Texas Pan. American r HIPAA Certified I CAS Certified E Certified Laserf€c€ie:Adm€nistrator Justin Atwell, Project Manager Tustin has been with MCC€ since 2015 and:currently serves as a Project Managerand Installation and Training Technician.. Key Responsibilities Project Management Software.lnsta.11ation and Training Technical Support Business Process Analysis and De4n + Experience & SkiIIs 3 years of experience in software project mpleme..ntation 2 years of experience in Project Management Lass than 1 year of:experience: wlth Laserfiche software e Education/.Certifications Bachelor of Science in Marketing. from Universltyof Ind !anapolls Certified Laserfiche.Administrator I,.Laserfithe Specialist; R6pcisitory Architect; Capture 1, Capture €I ScottChrorn k. ProjeciMonager Scott has been with MCC€ since 2006 and currently serves as Laserfiche and Legistar Implementation and Training Project Manager for the company, CCi RrP4 16-ITOI Document Management.Solutian5 page 9 of 50 e Key Responsibilities System Architecture & Design Software Insta€lation & Training CustomerTech nIca I Support Data Migrations & Upgrade • Experience & Skills Management of projects. including. enterprise installations Completed more than 86.1nstallations throughout the US: $' yea rs of exper€ence in information technology field • Education/Certifications Bachelor of Science.. Management Information Systems with. a. concentration in Network Managementfro m Florida State Uri (versity Master of Business Administration from. Nava Southeastern: University Com pTIA.Certified. Docurnent ImagingArchitect (CDIA+) Certified CompT1A A+ Certified Certified Deployment Technician .Certified CJIS Security & Awareness Certified Laserfiche Administrator, Business Process Analysis & Capture 11 Professional Bryant: Biorn, Protect Manoger Bryant has been with MCC! since 2014 and currently serves as a Project Manager and Installation.and Training Technician. He is ba.sed in. Idaho. Falls -Idaho, ® Key.Responsibilities Project Management. Software Installation &Training Technical Support $ Experience. & Skills 24 years of experience in Customer Support 14 years of experience:with` Laserfiche.software 14 years of exper€ence in Working with Municipal Governments Janice HaII,.Proiect Manaeer Janice has been With. MCCi since 2014and currently serves as a Project Manager and Installation and Training Technician. She is Based in Corinth, Texas - Key Responsibilities: Project. Management Software Installation and Training Technical Support Business Process Analysis and -Design` Experience & Skills 1.2 years of experience in software. project irnplementat€orl 8 years of experience with Laserfiche software 27 years of experience in working in municipal governments Education/Certifications Bachelor of Science in Microbiology from Texas A&M university Laserfiche CPP Gold Certified (Administration, Capture and Business Process Management) Amanda Sommers, Pro[ectMonaaer. Amanda has been with. MCC1 since 2014 and cu rrently. serves as a Project Managerand Installation and Training Technician. She is based' n. Winamac, Indiana. 4cCi RFP# i6LIT07 Document. Management Solutions page 10 of 5p ® Key Responsibilities Project Management Software installation &.Training Technical Support Experience & Skills 7 years of experience in customer support 3 years of experience with Laserfiche software 3.years of ex in working.with municipal governments 2 years of.experienceworking in the commercial division • Education/Certifications Bachelor of Science in Management from Purdue University Certified Laserfiche Administrator Kjile Molter. Managed Services Representative We has .bee n with MCCi since 2007 and currently serves as a Managed Service Representative and SupportTechnician for the company. Ke.y Responsibilities ..Software installation & Training Customer Technical Support System.Architecture &. Design Data Migration &.Upgrades Experience &Skills 6+ yea rs.Lase rFiche Product Suite Experience and Custo.merSuppoit 11+ years of Personal/Professional experience in the information Technology Field 3+ years of Managed Service Project Experience ® Education/Certifications Associate of Science in Computer: networking from: ITT Technical institute. CompTIA Certified Document Imaging.Architect (CDIA+) Certification HI PAA Privacy &:Security Awareness CJIS Security & Awareness Certified Laserfiche Administrator I, Laserfiche Administrator 11, Laserfiche Specialist -- Troubleshooting, BPM & Capture l Nathan Ha nsaM, Account Executive (Nathan has been with MW since 2012. and serves as an Account Executive Key Responsibilities Pre -Client Consultation Conducting Product Demonstrations Managing Existing Customer Accounts • Experience & Skills 3 years of business management experience 7 years of customer service experience • Education/Certifications United States Marine Corps. Veteran A+ Certified Cert 1fiecl laserfiche Capture I Laserfiche Specialist Certification David Letson, Training Director ffcG1 RFP..#( I6-IT61. document Management Solutions Page'1I of 50 David has been with MCCi.since 2011 an.d currently serves as Training Director; David is based in MCCI's home office in Tallahassee, FL .Key Responsii?ilities Managing Training Department Onsite Training Online Training Center a Experience & Skiffs. 17 years of IT experience. 15 years af.experience with Software Training 12 years of.experien.ce in Project Management Ed Ucat io n/Ce rtif i cation s Bachelor of Science in Business Administration from Mississippi State. University HIPAA Certified Laserfiche Certified Professional KIC0i. RFP4.16-.IT01 Document Management Safutions Page 12 of 50 V- A. Work Plant Approach MCClis proposing a 50 Named User System with the Starter Public Portal for view/search]print capabilities. Based on the answers to questions, MW understood :the City as desiring the ca pabil ity. for 50 named users to:be able to scanjaddjimport and participate in workflow business processes: in the event the City would like .to further mrrow down these users, MCCi. can work with the City to determine thenumber needed for starting the. project. MCU will consult with the initiaf City:departments to help each of the departments understand.the documents types that are a priority for indexing and storing.to Laserfiche and will consult with the departments to identify: Searching and Reporting requirements for each of the initial Document Types. This translates into the metadata, aka "templates and fields" that will.be required for each Document Type. MCO will be fooking for Document indexing requirements that are unique to a i]ocumentType or if the document will be partof an integration with other applications. This will help ensure:a cohesive folder structure that will facilitate inclusion of the various documents across departments, especially when a Do.cument Type will.be involved in a Workflow or Business Process.. MCCi will conduct a "train -the -trainer" style of training. MCC! will train all IT and Adrninistrative personnel, including key "power users". For the first phase, the business process configuration services will be limited. to filing workflows. Any additional.configurations can be handled through a separate statement of work. MCC! finds that most users need to get acclimated to the system in order to have business processes in mind, MCC! includes key mernbers of our Implementation and Project. Management team, as well. our Sales team. in our bid compilation process, This allows all members to be fully educated on the City of Milton's' goals and, needs. If MCCi is chosen as the successful vendor,..then these key mennbers of the team will be part of the initial meetings and discussions for the project, After initial imp.lementa.tion, MCCi is proposing. Lase rfiche::Admin istration services to help keep. the momentum going. MCCi recognizes that evert after comprehensive training and a smooth implementation, it.can be difficult.to process:aii of your newfound. knowledgewhile mainta in ingyour daily tasks. Laserfiche Admiinistration services provides a dedicated MCC! Laserfiche systems expert at a discounted. rate to continue helping you build on a solid foundation.(see Laserfiche Administration Servicesy MCCi can also provide the Optiview COnverslon,.Back .file Scanning services; Agenda Management solution, and..additionaVbusiness:process configurations through separate statements of work. below is a description of the services quoted:with a project schedule following. MCCLP90JEGT MANAGEMENT SERVICES MCCi Project Managers are Laserfiche Certified. There are multiple Lasertiche Certifications and MCCi focuses on maintaining all of them, MCO Project Managers administer these services and concentrate on defining business requirements and the deliverables that follow.. The MCC! Project. Manager will work with the client's point of contact to Out together a project plan that clearly defines the scope. of services of the Project Management services. These services are included to ensure the Client is prepared for the final project implementation, Implementation r4cch RFP# 16-IT61 Document Management Sofutions Aagtr 13 of.SQ Client. Eonsultation - The assigned MCC! Project Manager will perform a remote pre -installation solution development plan including configuration of security rules for the Client prior to installation and training. This consultation will include a review of current document organization and retrieval practices to determine desired indexing Methods, as well as other basic system setup needs. Once this information has been gathered and.provided to the.MCQ project manager,.the basic folder structure, .document naming scheme, scheme, and template set-up will. be configured prior to onsite training, Remote Installation and Configuration —Software installation and configuration may occur remotely as Part of the Project Management services to ensure the onsite time purchased i5 focused on the direct objective. Please refer to the pricing pro.posal:to. determine if the onsite time will include installation and configuration,. Remote Trainine — Project Management.services may be utilized for tralning administrators or.users remotely if not providing onsite training. Please refer to the pricing.pro. posal to determine.the training model quoted.. LAStRFICHE BASE SOFTWARE TRAINING SERVICES The client is provided with either instructor=led hands-on training or trainAhe-trainer training in -the operation of the Laserfiche Software and Plug -ins, and the scope of all training services to he performed is notated in the Pricing Proposal. the services will be provided onsite or remote; please refer to the Pricing Proposal to determ ne.which has been quoted. Below i re some.sample.outiiries based on user- roles and system modules: System Ad lnistration Training Client and Server Installation. Procedure a Users and Croups — Active. Directory a Security e Templates Y Tags * Document Relationships C Records Management a Volumes W System Settings ■ Back Up Procedures ■ Troubleshooting Procedures a `fechni.caI Support Overview full UserTralnln Introduction to Laserfiche Folders and the f=older Browser e Scanning and Importing OCR and.Ful I Text. Indexing Document Display in Index Card/Templates. Document Retrieval by Index Fields or Text (searching) .. Annotations Extracting a Document from Laserfiche s Briekasing and Migrating Documents Customize Laserfiche F40ci RFP#1.6-IT03.Document Management Solutions Page:14 of SO 6 Volumes a Security ■ Advanced Features — Pigg -ins RECORDS MANAGEMENT MODULE TRAINING. Please note that client.should have full knowledge of internal records management policies and have prior experience in records management. This training will be quoted for clients with the Retards Management functionality.of LaserFiche. Please refer to your Pricing Proposal to. determine if this is included. 6 Record Series a Record Folders ■ Document links Versioning l Security Tags Vital records I . Cutoff criteria s Cutoff eligibility a. Retention Period s. bisposition Actions a Hold Period a. Time Dispositions. Event Dispositions e Interim Transfers • Final Disposition Destruction a Permanent Records Accession s Freezing Admin Console Setup for Records Management Y Cycle Definitions Setup a Locations Setup e Retention Schedules Setup Cutoff I.nstructians Setup LASERFICHE CONNECTOR INTEGRATIQN CONFIGURATION &TRAINING. Includes:. Configuration of integration` for up to one de partme.ntwith] n one application a "Train the Trainer" to empower the client to configure other integrations All services .are conducted remotely, unless an :MCCi representative is onsite:for other implementation. needs and onsite time permits. Client Deliverables Application to be integrated with must meet..current Laser -fiche Connector requirementsTesting.—Applications intended to be used: with Laserfiche Connector should. be tested priorto purchase. a Assistance in defining the Measurement of Success (MOS) ■ IT resources - Appointment of Lase rfiche Connector Administrator Kcci RFP# 16-IT01 Document. Management So.Iutions.Page -15 of 50 j :. .. , Laserfiche metadata requirements. MCO Deliverables a Insta11 and integrate Lase.rfiche..Connectorwithin current Laserfiche system environment pursuant.to the Laserfiche .Connector requirements. a Assistance in configuring integration.for up to one department within one..application a MCCi. project manager to assist with defining the MOS Laserfiche Connector integration configuration rased on def ihed MOS a Define Laserfiche metaclata structure to support the specified' integration a Define. Laserfiche security to support the integration. Project Management services up until MOS is met a Managed Services for up,to 3.0 days past MOS a Laserfiche Connector:Administrator Training Measurement of Success (MOS): Based on MCCi's experience, a. pre -requisite for providing and/or receiving consulting services is to jointly define an attainable MOS. The MOS is intended to address the desired outcome of the Laserfiche Connector integration configuration and will be based primarily on the type and capabilities of the. application to be integrated with, along with how related data.shouid be organized in the Laserfiche.system. WERFIc>{E FILING WORKFLOW MCCi:WiII implement a filing workflow that routes document types to.. predefined folder locations upon being scanned.or imported..:A..centrai "Intake" folder will be created. It is intended that all.docurnents scanned or imported in .to Laserfiche will be created in this folder. At the time..of creation, the. Laserfiche user will select a Template from a predefined list of Tern plates, Templates wi11.correspond to specific departments. Within each departmentai template,. a unique "Document Type" list field will have a. predefined list of Document Types to choose from. Based on the Template and Document TYpe selected by the user, the document will be automatically named and routed. based on criteria defined for each Document Type.. Other fields in the template may be utilized to appropriately name and fife the Document. TRAINING CENTER MCCVs Training Center provides an easy, cost-effectivewayto provide. Laserfiche training.to all users in your organization. An annual subscription allows access to our online course offering of aver 325 training videos. The Training Center is. home to video categories such as Laserfiche Administration, Laserfiche Client; Workflow, and Tsps & Tricks. Pili videos useinstructor descriptions from Laserfiche Certified Professionals. The Training Center provides the following benefits: 24/7 access: to on -demand Laserfiche training videos and other resources ti Reduction in training expenses a Caters. to all skill levels from Basic Users to Advanced System Administrators Unlimited access for your entire organization ■ .User determined schedule and pacing a Reduction: in. internal support a increased efficiency through improved internal usage/adoption • instant/budgeted training ayailable. in the case of. employee turnover Enhance yourorganization's internal Laserfiche training program Increased user productivity LASERMHE AD.miNI5Tk0oN SLRViCES -CyfcCi RFP4 1:E-iTQ1.D06ment Management Solutions: Page 1 of 50 MCCI's`l:aserfiche Administration Services package is far clients who need a Laserfiche administrator, or additional Laserf'sche administratlon/im.plementation services. It includes.everything listed in the Managed Services package above as well as the additional items listed in the chart and listed below. Pricing is based on MCCi's System E=ngineer hourly rate discounted by i0glathrough purchasing an advanced block of services per year, based on..thE products purchased. MCCE's Laserfiche Adm in'istrationServices is an annual package.and will expire on the same d.ate.as yourSAP plan.. CASERFIENE ADMINISTRA TION SER VICES- LEVEL 1 • Dedicated Laserfiche Cerf€fled Professional a Laserfiche Administration configuration services - Setting .up users; metadata; security, etc. o Configuration of basic Laserfiche filing workfi.ovvs- MCCi can configure filing workflows to automate the organization.of your Laserfiche repository- Configurations of simple Laserfiche corms using off the shelf features- Configuration of farms excludes custom scripting. R Configuration of .Quick.:Fieids: sesslons using off the she If features o Basic Recads.Management Module Overview Training a Scheduled recurring follow-up ca 11 upon Client's request MANAGED SERVICES MCCi'.s:Managed Services package provides ongoing additional training and assistance to a client's Laserfiche administrator and users. Pricing is.based on MCCi's.Managed Service hourly rate discounted by 10%through purchasing an advanced block of services per year based on the products purchased. MCCi Managed Services is an annual package. and will expire on the same date as your SAP plan, Managed Services can be used for thefollowing professional.:services/benefits: Additional Tra€ning — additional training, via web conferencing, can be cond ucted to. tra in new users on the. use. of the system or as refresher training for existing. users. Additiona€. System Set Up Consultation —.MCCi offers additional consultation that includes recommendations on best 0rattices.for adding additional departrnents,.additional. types of document etc. to your current system, s. remote Implementation of Softvvare: Updates — While the standard SAP plan covers free updates for softwa€-e,..implernentation of those updates is sometimes overlooked. With the.. addition of our Managed Services, MCCi is.at:your.service to directly assist in implementing. software updates such as minor updates, quick.fixes or point releases.. Dependent on complexity and: client specific configurations; major software upgrades may or may not be covered and should. be discussed with your Account Management Team. a Annual System. Review & Analysis — Upon request, MCCi sniiII access your system to review and analyze how your organization 18 using the system,. identify discovered potential problem areas and make recommendations for better use. of the system: This analysis is designed to.be implemented 5 months after the Initial Software installation, and should be performed annual ly after that date: This is an optional service that will be `completed only if .requested by the Client. • Remote Access.5upport—Remote Access Support allows our helpdesk.staffto access your machines remotely to.resoive problems faster. The use of Remote Access Support saves you r4cci RFPt#.1G-ITa1 Document Management Solutions Page �7 of SO -v . both time and money by reducing the delays in. resolving saftitiare issues without costly onsite visits. a Lase rfiche. Certifications - First priority offering of complimentary faserfiche certifications. on..an as available basis. E. Lase rfiche.Conferenee. Registration — First priority. offering of complimentary l aserfiche. Annual Conference.registration on an as available basis. 1-4c0@ RFP4 16-ITOI Document Managenierit Solutions Page 18 of 50 a *Ouration:is estimated and may vary. Chaflenges. and Approach MCCi sees implementing all departments and desired users as a challenge if the City doesn't have the resources available to assist. IVICCi:can provide additional services or Would recommend .the City phase the project in. ffcCi RFP## 16-1TO1 Document Management Solutions. Page 19 of 50 A. :Act, . Task Responsihie Wcatian. Prcjeefed cost ,., . 1D. 1. Overall Project MCM PM. 607120 Days Management Kickoff Cali MCC! PM 1 Client Project Conference Call 30 Minutes Project 2 Lead Management Services' Identify MCC'i PM Conference Cali N/A: Project departments to be Management 3. Implemented and Services :Projected Dn=site Cates Email Professional MCC1 PM N/A 1 Figur Project. 4 Services Management Documentation Services Hardware MCC; PM Virtual Meeting 1 -Hour Project 5 Requirements Management Services Laserfiche Server MCO PM, Client IT Virtual Meeting 8 Hours Project 6 Software Installation Management & Activation Services Client Completes Client Project Lead N/A N/A NSA 2 and Returns QueAionnaire Questionnaire MCC[ -PM NIA 4 Hours Project. 8 Reviewed Management. Services Build out Metadata MCC; PM. N/A 40 Hours Project 9 and Folder Management. Structures Services Testing MCC; Trainer, Client Virtual Meeting. .2 Hours Project 10 Project Lead Management Services Administrative. MCG Trainer; Client IT Onsite; 1 Day Onsite Training 11 Training Customer Facilities User Training MC0 Trainer; Client onsite; 4 Days Onsite Training 12 End Users/RM Customer Facilities Training. Follotiv-up M(:Ci PM and Client Virtual Meeting 1 Hour Project 13 (Up to 2) Project.Lead. Management Services. Remote Laserfiche MCCi PM, MCCi support Virtual MeetingAs specified by Laserfiche 14 Administration and Client' contract Adminls mUon Services : Services *Ouration:is estimated and may vary. Chaflenges. and Approach MCCi sees implementing all departments and desired users as a challenge if the City doesn't have the resources available to assist. IVICCi:can provide additional services or Would recommend .the City phase the project in. ffcCi RFP## 16-1TO1 Document Management Solutions. Page 19 of 50 B� Related Projects and Customer References MCC has over 750 Laserfiche customers. We have provided references inyou r.area for those that are comparable for review. ►X14( AIN Since'AB9 Laserfche ra i y' l�lar-n , < '- ' ' :` McDonough, Georgia L. Pfap je' TV h., ".678-7.3.9.6235 '1:.4[V'L r Steve Sikes, IT Director Emailgoidress :- :'= ' ssikes@mcdo�o6gh4ga.gov h� a. g g g Pra eet'I3et€iils : ` ' `: .;::.1..;;:.:.::.:::;:-•-;-.:::;:'' ..; Initial project - p . ] ct 11 users CI'erk, HR, Finance .Utilit Y Bifling & IT. Phase il. fans are to integrate. wi th existing n FRP g and configure filing workflows and aroVal rou pp gI pPtin a rovai for AP. ateofI37isverf June 2016 �1 RFPO 16-.I` 01 Document Management.5oIution.s Page 20 of 50 Sysra.:Pro.vitd Laserfiche Fr Ndrie ' " Count Newton y, Georgia r� CPrrtatt..NllTriG ''` <.:;' Susan HIM, City Clerk IY om RFP# 16-IT01 Document Management Solutions:. t:.4Pale 21 of 50 -,t 678-625-1200 ' R ' ` Beck Heisten HR Supervisor . [ i rld# bheistehCr�ca.newton.ga.us 1r3 jai Pro'eu 1 Users- Pub!, J c Portal, R ecords Management Edition and Lick I f Q efds for hatchrocs i e s n MW is g• .. has sincero�i�fed hack file scan P nin services and im iemented s ste P ms for Y 1N ater 5euve r rity a.DistrlCt Attorney. November 2005 CPrrtatt..NllTriG ''` <.:;' Susan HIM, City Clerk IY om RFP# 16-IT01 Document Management Solutions:. t:.4Pale 21 of 50 -,t *'ale 4 n A x: Sysfetij;QrvvirJef::; ..:..:: Laser]'iche. Laseifrche ly"iYpirie^: b' Fivily:5pririgs; GA tt}>11f►r.e='`'. � yr eyl + r- _' >;;, z s w;' _ 7707212-75 2 q .�.. 1- Carerr N red City .Clerk 912-472...50$0 rifuii°9�s kn rre h 11 s rin s a.as Proltci=l a rrly' " Initial Project 7 .Users- Implemented RME &.Q dui ick s. Fiel !].fll�.tltfrtS:;:?..:::`::;>."` Canfi ured filmworkflows g. g. . .for ` Accounts Payable a#sle .l7 e osits Ve Deposits Vondor Y ar Packets i P&7 App f cations Praj ibi i f1i':.,'-' Clerk filing workfloWs for Ordinances, _ Re o[uti s ons Proclamations ns &all meeting body Minutes,and Agendas. Expanded to 10 Users, 17eite of 2 1F ........ ;< ` Loctober 2013 J i4CitiRFP# 1.6-iT01 Document Management Solutions Page 22 of 50 Laseifrche tt}>11f►r.e='`'. 7y.ee. [stand; GA PhoiaQ:`lltitniaef:``:.":':;:'..':>' 912-472...50$0 Janet LeViner, Clerk of Council !].fll�.tltfrtS:;:?..:::`::;>."` `: feV er cit o be :or Praj ibi i f1i':.,'-' initis! Project:4 Users= 5canning:and Public Portal were the.focus for clerk docs. Expanded to 12:users and configured integration with Finance ERP. Completed back file scanning project for Building department. t din i .ale of Delii<erj►; August 2009 i4CitiRFP# 1.6-iT01 Document Management Solutions Page 22 of 50 C. Project Pricing Pricing is in separate section per RFP instructions. CCi. RFP.4 16-ITOI Dacume.nt. Management Solutions Page .23 of 50 Application Addenda Acknowledgement Form ormo xva r .. ar TA4YlN �qp ACKNOWLEDGEMENT RECEIPT OF ADDENDUM 41 RFP 16-ITO1 Upon receipt. of doeuments, please email, fax or mail this page to; City ofMilton Attu: Honormotes; Purchasiug.of#ite: 13000 Deerfield Pkwy 8cite I 07 UjItan., GA. 36004. Phone: 678-242.2500 Fax: 678-242`2499 E=ih flan r.ri�ates. ciivofmiltan a:us T hereby acknowledge r"pf of documents pertaining to the above referenced RFp. COMPANY h'AME: MW LLC . CONrAcx. PERSON: • � ,n. AIi Ess: l9 SGOi iVori"IL _O_y k CIxY:` h L___A\ QSS� STATE:. �'L. ZIP: 3.a 3 o8 PHi7NE 5 A 41-a�5 FA}C:5f35[o AD RESs: alcs,com Dat ADDENDUM ADDENDUM #] R.1=P16-17'01-Ad.de.ndum s1 ]IPage KCCi RFP# 16-!TOI Document Managerileni Solutions Page 24 of 50 3.2 Project Scope of Services Task 1: All:systems A. Easy to use, intuitive interface MM Response. Ease of use is one of the biggest attractions to Laseri`iche along with retention and security.. The keyboard/mouse actions for your current windows. explorer environment are. very..similar if riot identical in Lase rfithe. The ease of use and intuitive interface will allow the City of MHton to. adapt Laserfiche as part of your daily working. rhythm quickly minimizing IT support. B. Security tied into Microsoft Active Directory controlling .what users can do :and see based on profile. given, This would include the ability to grant or deny permissions to see redactions. MCO Response. Laserfiche allows you to use Window Active Directory groups to determine accessibility as well as.. Laserfiche groups to determine roles.. Example: Active Director for.accessibility= HR & Finance J Laserfiche Groups.for roles User,. Manager C. Explanation of implementation plan including process reviews with.departments MCCi Resporim MCCi will consult with the initial City departments to help each of the departments understand the documents types that.are a priority for indexing and storing to Laserfiche and will consult with the. departments to identify Searching and Reporting requirements for each of the: initial Document Types. This translates into the rnetadata, a ka. "templates arid fields" that will be required for each Document Type. MCCi will be looking for Document indexing requirements that are unique to a Document Type or if the document will be part.of an integration with other.applications. This will. help eri5ure`a cohesive folder structure that will. facilitate inclusion of the various documents across departments, especially when a Document. Type will.be involved in a Workflow or Business Process..MCCi will conduct a "traln- the-trainer" style of training. MM will train all IT and Adm i.nistrative personnel, including key "power users'', For the first phase, the business process. configuratio n services will be limited to filing workflows. Any additional configurations can be handled through a separate statement of work. MCC! finds that most users need to get acclimated to the system in.order:to have business processes in mind. D. Logging of each documeWs history including workflow audit tracking related metadata. Audit settings can he assigned directly to users or groups. MW Response., Laserfichle Audit Trail readily fits into your existing IT infrastructure, providing you with.a. detailed view of enterprise business processes without creating additional work for you. You Gari easily configure Laserfiche Audit Trail to track almost any user action,irom login and logout to creating, modifying, printing and deleting documents.. Laserfiche Audit Trail. enables you to regularly review user activity; assess the effectiveness of InternaI-control mechanisms and demonstrate regulatory compliance. if necessary, you can also reconstruct a.. particular chain of events. Once audit data has been collected, C:C RFP4 16-ITOI Document. Management Soiu.tions Page 25 of 50 authorized Laserfiche Audit Tra€l users can access a Web -based. reporting. too! to create summaries, filter, sort, and customize grid and chart views of audited data: Reports can be easily filtered, sorted and graphed to Identify trends and. isolate behavior patterns. Reports can be'saved .for later retrieval or sharing.With others; users can filter, sort and graph audited data via Web -based Laserfiche Audit.Trail. page and even save reports for later retrieval or sharing: with others E. Ease of document search and retrieval based on full text search or indexed methods MCCi Response: Granular search ing. options. in Laserfiche is another top reason MCC€ cllerits love Laserfiche. Users can search for text across entire repository, narrowed. to a.specific docurnerlt,.folder name, template search, within. a specified folder, within a vol urne,.The . Laserfiche full -text search unlocks the contents of your documents; if you need to find a word or phrase. with in. a document, and the full -text search retrieves it immediately. An easy Google -style toolbar is available for searching as well. R Security Audit trait login and reporting MCC! Response:. Laserfiche Audit Trail readilyfits intoyour existing IT infrastructure,. providing you with detailed view of enterprise business processes. without creating.additinnaI work for you. You can easily configure Laserfiche Audit Trail to track almost any user action; fro m.login and logout to creating, modifying, printing .and deleting documents: Lase.rfiche Audit Trail enables you to reguiarlyreyiew user activity, assess the effe ctiveness :of internal control mechanisms and demonstrate regulatory compliance.'€f necessary, you can. also reconstruct a. particular chain of events. once'audit data has. been collected, author€zed La serfiche Audit Trail users can access a Web -based reporting toal:to create summaries, filter, sort,a nd:custonmize..grid and chart'views of audited.:data. Reports can be eas€ly.filtered, sorted and graphed to identify trends and isolate behavior patterns. Reports can be saved for later retrieval.or sharing.with others. lasers can filter, -sort and graph audited data via.Web-based Laserfiche Audit Trail page and even save re parts far later retrieval or sharing with others G. Ability to use a web client interface for most functions MCC.i Response: Laserfiche Web Access is a web=based client offering the same document. managementcapabilities as the Laserfiche Desktop Client (1ncluding a full -featured Version of Laserfiche Scanning, designed for use oyer the.lnternet) and supporting:the. Laserfiche Mobile add-on. H. Ability to set up workflows to meet needs incl ud€ng'erna1) notification MCCr. Response: Laserfiche provides you with a graphics€ workflow designer allowing you to create workflows by flowcharting your business processes.with awintuitive. interface for testing, modifying and. supporting: workflow activities including email notification and a host of other actives. LS ho uld be scalable for a ll. departments 9 ��i RFP#.1G-ITOJ Document Maria gement.5ofut€ons Page 2.6:of50 MCC! Response: Lase rfiche:can accommodate both an increasing number of users and high-volume repository growth. MCC! currently Supports. Laserfiche clients with.a flew users to organizations with several hundred users. Laserfiche notoniy meets the need for records management,.€iut also the scale and. ability to custom integrate into the. unique way a municipality conducts business. Organ€zations.can also start with a few departments and grow as their budget allows them to.. Task.2: Document Management A. Scanningll.ndexing of physical documents as a part of users' daily routine MCC! Response: Laserfiche has a built-in scanning interface connecting directly to your scanner to process paper documents, Laserfiche ScanCon nect allows scanning through a collection -of ISIS scanner drivers included: These drivers allow images to be scanned through supported scanners, Settings can be .applied that require users to properly index documents before being stored to Laserfiche: B. Imoo rting documents into. system using drag-a.nd-drop functionality MCC! Response: Users can. drag and drop items directly into Laserfiche as well as import in records through the €rrtport option. C. Retention and permissions assigned within the folder structure MCG Response: Laserfiche Records Managerrlent gives you the ability to create and manage policy -based Iifecyc€es With the Records Management: module. This wilt Serve as the foundational component to manage the lifecycle. of records in Laserfiche, Local government benefits greatly from the compliance metrics,and management of informationthat provides security (meeting regulations for HIPAA, Sarbanes-O7dey; PC] DSS and the Federa I Rules of Civil Procedure}, Built within Laserfiche.are controls for release of information that cannot be. replicated easily outside a sophisticated Enterprise Content Managernent system. The Laserfiche Records Managemeht Edition_ • Incorporates people, policies, technologyand enterprise risk management. a Balances the need for.compliance With the ability to create value from Information. • Promotes compllance with..Sa rba nes-Oxley, HIPAA, usA PATRIOT Act, SEC; RNRA and other regulations. • Unites content managernent; business process management, DoD 5015.2 -certified records C management functionality and VERS compliant 112 certification. • Increases information's avai€ability while preserving its integrity --reducing risk across the: entire enterprise • Run reports detailing where. records are in their life cycle and which records are eligible for 0 transfer, accession or destruction,. • Ensure consistency by a utornati ng. lifecycle management from document creation to final • disposition. • De.monstrates proper retention: rules.were followed with post -disposition retention of s metadata and. auditing information Cci RFP# 16 -ITT Document. Management Solutions Page: 27 of So D. Accepts documents in their native format (.doc, ,docx,,pdf; etc.) MCCi Response: Laser iche.accepts documents. of any file format including documents in their native format, Al M€crosoft Office. a pplications.are.natively Integrated with. Laserfiche. Note: The City of Milton will need the necessary player or reader installed to read/play the various file, audio, video file formats you plan to -store in. the Laserfiche repository. E. Accepts. documents €n multiple sizes, up to and including large -format paper (36" :.or larger) MCCi Response: Yes. F. Performs OCR on documents. and store them using a non-proprietary format [.tiff MCCi Response: .Laserfiche performs OCR on clearly printed ortyped information and stored in the non-proprietary. formattiff IV when this setting is turned on. G.. Ability to..use individual scanning stations or multifunction.print.devices to scan documents MC0 Response.- Laserfiche. esponse:Laserfiche. supports individual scanning stations and MFP's. H. Must support one. or. more -scanning stationsin each department. MCOWesponse.. Laserfiche supports multiple scanning stations simultaneously 1, Ahility to perform image adjustments on.scan ned documents MCCi Response: Laserfiche gives .Use rs severa€ Image.. Enhancements that can be applied during scanning to gain the best image possible.such as Resize, Page Removal, Deskew,. Aespeckle and more. 1; Auto-indexing%of scanned/€mported documents MCCi Response: Yes. Laserfiche can auto -index scanned and imported documents, If a document's template and fields include values that coincide with the repository'.s filing. structure, Workflow can dynamically.move documents to their appropriate folders. This configurat€on is based on the unique client ID method and enables Workfiow.to search through the repository to find 6. folder that has.a matching ID. The Dynamic folder path with validation method validates that the filed inforrrmation Used by. Workflow. to dynam Ica lly build the folder path is accurate before actually fil€ng the: document. Chi RFP#! 16AT01 document Management5olutions Page 28 of 50 n. MCCi has proposed a Workflow Configuration.,package to assist in creating some of .the initis[ fling workflows the City will need to minimize data entry and to ensure consistency within the Laserfiche repository. K. Ability to.batch process scanned documents MCC! Response: Yes. Laserfiche. Quick Fie#ds is a suite of Batch. Processing utilitiesallowing you. to automatically capture useful information from paper and electronic documents and organizes it for fast retrieval. Quick Fields. improves the Speed and accuracyof data. capture while giving authorized staff instant access to the information they need. to work effectively. Modules available include: QF Bar Code Validation Package -The Bar Code .add-on reads bar codes on.a specified page In the document.. The value returned.hy the bar code processcan be used to identify a page, populate afield, detern!ine the document name; or determine where the document will be stored. Bar Code is very powerful when combined with Real Time lookup_ Supported barcode formats: Codabar, CODE39, CODE 128,, EAN B, EAN 13, Interleaved 2 of 5, UPCA, and. UPCE. QF Real-time Look up Validation Package: Lookup populates temo[ate f[elds..and validates. me#adata by retrieving data stared:in third -party databases and other applications.. it also allows Quick Fields to comm un[Cate with a. third-party.data base using Open Database. Connectivity (ODBC). The add-on.includes two processes.called Lookup and Field Verification. Both. processes compare a value taken from the document to the value s stored in a column of the third -party database. QF Zone OCR Validation Package. images that conta1h.clearly printed. or typed information can be ..converted to text files through a process. called OCR QF Forms Alignment: automatically repos.it[ons scanned documents to match a master form; correcting;for scanning errors and improving data extraction: QF Document Classification: designed for clients who deaf With multiple forms,. and will. recognize and process multiple document types. QF. Auto Stamp/iiedaction/Bates Numbering-The...Bates stamp option is a document. auto numbering annotation option QF Optical Mark Recognitiowdetects handwritten. info rmation, including marks on surveys, tests and ballots..QF Agent: enables administrators to sehedule.forms process[ ng around the clock and run Qufck Fields sessions Without operator intervention, reducing labor costs and optimizing business processes.. QF Forms Identification: automatically recognizes the form or document based on its overall stru.cture,.even in the absence of bar codes, form data or other distiinguishing information. QF Forms Extractor: removes form outlines to. [so late data for more accurate capture. QF Scripting Kit: Offers a script editor, which allows developers to write C# and VB.Net Strip",. and Insert the scripts into a Quick Fields session (see pricing far what has/has not peen quoted) L.. Easily cross reference documents based on keywords MCC! Response. Template fields allow you to crass -reference information, as well as narrowing your document sea rchies, SiniHar .to the card in a library ca rd:catalog, :tern plate fields a[low you to record rnetadata about a fife so r4cc1 RFP4 15-ITD1 Document Management.5oiutions Page.29 of 50 E.;>..,,...., . that you can quickly. sea rch by subject. Metadata is. descriptive information about an object or resource, whether it is physical or eiectronic, and ranges.from information describing the file to information that. ties ane document to,another, such as documents in a folder. M. FuIMext indexing of ail captured docurnents and xona1.00R MCCi Response: Laserfiche performs OCR on clearly printed or typed information and will capture ali.carnputer generated text for Full -text indexing, Zonal OCR requires the.use of Laserfche Workflow. (Included) or the one.00R feature] nc[udedin.the Batch processing suite Quick Fie lds:(not.included in pricing proposal) N. Ability to perform full -text search on entire database MCC! Response: yes. O. Abiiityto.perform.custom queried searches MCC! Response: Template fields allow you to quickly and effectively cross-reference information, as well as provide other means for narrowing your document searches: Much like an old-fashioned card in a library card catalog, template fields allow you to record metadata about a file so that. you can quickly search by subject.. Metadata is. descriptive information about an objector resource; whether it isphysica10 r. electronic, and ranges from information describing the file to. information that ties one document to another,.such as documents in a folder. Advanced search syntax allows you to create various searches that are beyond the capabilities of. the Laserfiche.search interface. P. Search results:sh.ould highlight search terms in returned .documents. MCC! Response: Search results are highlighted in the returned documents. Q Ability to use templates to distinguish document types and associate metadata for indexing NiCCi Response.- Template esponse:'template fields allow you to cross-reference information, at well as na rrowing you r document searches. Similar to the card in a library ca rd.cata log, template fields allow you to recQrd.metadata about a file so that you cavi quickly search by subject. Meta data is descriptive information about an. object.or resource, whetherit is physical.or electron€c; and ranges from information describing the file to information that ties one document. to. another, such as documents in a folder R. Ability to annotate, highlight, and redact w€thout changing the original document WI -CCI UP`1.6-iTO1 Docume'nt.Manageme.nt Solutions Page 30 of 5O nt• i;;,,_% . �rydA d51K}I➢il�'IA�I MCC! Response: Laserfiche'includes annotation tools allowing,you to highlight, redact, add caIlouts . and text boxes, underline and striketh rough text, and create vector graphics. ---all without aft ering the original image. You can also attach a file directly to a document:as.an annotation. S. Ability to easily print, fax, email documents, or link documents through a web portal. Distributed documents should. have. option of using PDF forrhat MCCi Response: Importing.and organizing documents in the Laserfiche Web Access is as simple and intuitive. as it is with the desktop Laserfiche client. You can specify metadata, drag and drop a document's pages—even scan paper documents over the Web. Distributed documents have the option of using ADI= acid other file types that might.be #riendlier.to.the recipient. A: PDF can.be exported to work with current faxing solution. T. Integration with.IV#icrosoft Offce.so that: documents:can.be.imported. directly MCU Response: Laserfiche is.tightly integrated with 4he Microsoft Office Suite, giving you the capability to easily import and archive records from an Office application directly to Laserfiche easily -including Microsoft Outlook: You can drag and drop email from Outlook, and import this metadata into Laserfiche allowing for easy search, Additionally, basic e-mail information, such as sender, recipient, date/time sent, etc., can be stored as field information for theelectronic document created for the e-mail message. Attachments can be filed as weal. The process of importing an e-mail message into Laserfiche is slightly different than that of importing .other.electronic.files, namely because of flow attachrnents.and properties are handled. An e-mail. Message can contain one or mo re attachments. Laserfiche allows you to configure haw those. attachments are imported with the following options: Keep attachments with the. a -mail message File each attachment as its own .electronic file .Keep attachments with the email message: and file each as separate document: Do not import.the attachments. U_ Lasers should be aide to access the same d.ocurne.nt at. the same' time, with recent .ve.rsiom available that identify Who modified them. MCCi Response: Yeas. Laserfiche gives you real-time; simultaneous access to a variety of funetional areas and hierarchies that will bring immediate value. and.efficiency to. .the City of Milton. For.exampie, read-on]y.access.to contracts can be given to. auditors and eliminate the.need for auditors to interrupt the department's daily task. Auditors can perform. an audit, right from their .own computers. Laserfiche.will not only give the City of Milton standardized processes; but easily monitor them as well, Laserfiche. serves up your data about employees and processes indicatingefficiency, accuracy and completeness on a real-time basis: Electronic.documents, such as Word and Excel files, can be shared and collaborated on by. many different users using the built .in, "Check Out/Check in" options. User.can Check Out an electronic document, by right clicking on the file name and then select the Check Out option from the menu that appears. The file will open in its native.application (Le., Word, Excel) and you. can edit the. document; You will also be.given the option.to add comments about why ynu.:are.checking out a document that will. dcC RFP4..16-iTC1 Document Management Solutions mage 31 of 50 be relayed to. another user when they attempt to Check Cut.the same document. No. one.eke can make changes to a Checked out document; users can:open and view read-only cop les of the document; .but. cannot make edits until it is "Checked In" again...0nce you've completed. your changes, "Check In" the document and save it. Options to. save 'include:"Save. as a new version of the document," "Save as a new: document" and "Overwrite the existing document"; V. Ability to renamea nd reorgaNze documents: MCCi Response: Users:with these rights have the ability to rename and reorganize documents. MCCi would encourage the use of Laserfiche workflow. Besides automating business processes, Laserfiche Workflow can also enforce a standard, naming and filingconvention, and plays a vital role in routine repository maintenanceand organization. M Ability to import documents from Windows Explorer MCCi Response: Users can import from Windows Explorer by selecting import from the Laserfiche file me.nu.and choosing any document/file available. in windows. explorer or the network. X.: Ability to place legal holds on documents MCCi Response: Users can freeze records temporarily at a lifecycle stage when legal holds are placed on them using Laserfrc..he's Records.Management Module. Users can manually close records to prevent them. from being modified until eligVe for cutoff.. y; All records subject to FOIA searches MCCi Response: All. records especially records subject to FOIA searches should be stored in Laserfiche to easily search and retrieve. Task 3: Records Management A.. Allow management/configuration of folders and retention schedules:by trained City records administrators MM Response: As part.of the Records Management con€igumtion and training MM.wi11 consult with the City of Milton in creating a hierarchical folder structure comprised of record series, record folders .and records to track the lifecycle of your records. Administrators will. have the trainirig and ability to manage/configure additional folders .and retention schedules going forward. B. Automatic removal of documents from the live environment when they pass their retention dates, with final disposition approved by records iidministrators. 11 CCi RFP# 15-ITO1 Document Management Solutions Rage 32 of 50 MCCi Response: Laserfiche does not allow forth is autornatica€ly as it is against the. recommended: DoD.5p3S.2 certification. To comply With. legal requirements. MCC.i recommends assigning a review cycle to vital records that must be ma nua I ly reviewed arid manual€y deleted from the live environment according to a specified schedule. As. part of the Records Management configuration and training MCCi will consult with the City of Milton. in creating a hierarchical folder structure to of record series, record folders and records to track the lifecycle of your records. Laserfiche Records. Management lets you fie records. without assigning settings to each.1ndividuaI record, :because all records managernent settings assigned to record series and record folders are inherited by their children. C, Meets DOD .standard guidelines for records retention certification MCCi Response: Yes. Laserfiche .Records Managernent Edition unites -content management; workflow and 06D 5M.2- cerdfied records.managemeilt functionality. The City of.Milton will beable to enforce an enterprise- wide records policy, regardless of records' format, location or content to manage retention schedules without interfering. with any department's line of business and automate life cycle management frorri record creation to final disposition; D. System is fully integrated with document management and imaging MC0 Response: Yes.. Laserfiche 5canning:comes standard with the Lase rfiche.Client..You can use it to capture and process physical documents. aswell as image files stored Iotaily or on a network: LaserfiGhe's integration with Microsoft Office,.which is:part of the Laserfiche Client Installation, allows you to Save Microsoft Ofrice.files.directly to the Laserfiche repository. Laserfiche Snapshot allows you to print electronic documents directly into .the Laserfiche. repository..Qur€ng this printing process; all of the files are converted to TIFF images. t;aserfiche.Snapshot is a great tool for Archiving documents, sharing unalterable copies and unsupported file types with. others and appending pages to..documents, Task 4: Agenda Management A. Ability to easily post Council. agendas. and votes.to public website MW.Respense: Yes. Toe Laserfiche Public Portal, also known as Weblink allows for publishing documents in.a read only state. Laserfiche Weblink is designed to be :mare accessible to external users who might. be unfamiliar with Laserfiche or your organization's naming conventions and fling methodologies..lt.acts as a customizable; searchable portal for public.access to Important information. while still keeping sensitive information -secure. The C€ty.of Milton can offer citizens shpIified and customized searching of your publicly avallahle. documents. Weblink will also give. authorized users a Way to securely sea. rch.and retrieve documents internally: Kc0i KFPtf as-iT01 Document.management Solutions E..,Page 33 of.SD . .. For a voting solution, MCO would recommend the Grariicus.P€atform.options. MCO has included information about Granicus in our response for review. B. Ease of use in item submissions, approvals and distributions MC0 response: Yes. Whether it's entering a submission through one of the many capture methods. or using Laserfiche Forms, Workflow allows for automating a pprova€.processes, document routing, integration options, .reporting; distributing: mew or policy changes and much more. The Workflow functionalityutilizes the. Microsoft Windows Workflow Foundation.. If the City is looking fora complete Legislative Manage.rnent Solution, MCC€'can provide information on Granicus- Legislative Management solution, Which has been integrated with Laserfiche: MCO has included information about Granicus in our response for review. C. Ability to set up workflows to.mee.t.individua[ department. needs while using :e mail .notificatio n MCC! response. Yes. The Laserfiche Workflow Designer is an easy-to-use,graphical interface in which you -build.a workflow and define the.conditions that must be met In order fora document to move from one step to the next. The Designer's streamlined layout.and Intelligent design help you work quickly; while. its intuitive "top-down" structure makes it easy to identify each step-in the workflow. To minimize time spent troubleshooting build -related issues, the Designer airtomaticallyalerts you when a workflow is not configured correctly. Once you're satisfied with. a workflow,. you.Can activateft with the click of a button. D. Ability to edit, reorder, publish and reassign items MM Response. No, Laserfiche would not give you this capability, however, Granicus-.Legislative Management wouId..If the. City desires a.full Legislative Management Solution, we Would recommend this being implemented as a Phase 2, after Laserf€che. has been. implemented. MCCI has included information about Granicus in our response for review: E. Ahi.lity to record votes, motions a.nd actions taken for minutes' creation. MCCi Response: No, Lase rf€che would not give you this capability, however, Granicus- Legislative Management would, if the City desires a frill Legislative Management.Salution, we would recommend this being implemented as a Phase 2, after Laserfiche has been irriplernented. MCCi.has included information.abou€ Granicus in our response for review. Task 5: Integration of Existing; Retards A. Ability to Index large volumes of backlogged physica€ files.atthe folder level and. scan them into the new records management system. KCC 1 RFPti 16-.ITOI Document Management.5olutions Page 34 of. 50 FyL: McCi:pesponse: Laserfiche has options for assisting with indexing of.back file reco.rds..Most customers utilize Quick Fields or Filing Workflows: to assist with indexing. MCC! can make.recommendations based onthe record type. Quick Fields has. not been priced out fat this phase. B. Ability to convertlmigrate data from the City's existing records rn6nage meht: system (Optiview) into the new records... managernent system with the appropriate indexing. MCCi Respnnse:. Yes. MCC! has converted over 30 applications, including Optiview. MW will schedule.a discovery. meeting to. reVI ew the. date and.provide a statement of work. Ci. Abliity to in! port electronic files from the City's existing hetworlt folders into the new records management system with the appropriate indexing. MW Response: Yes.. Natively, users can.select import from the file menu of an electronic document and by default. The user ls.pro mpted to appiythe appropriate. indexing. Task 6: Value Added Products and Services A. Include any additional products and/or>services avallable that vendor currently.offers in their na.rmal course.of business that.is not includecl in the.scope of this RFP that yoii:thin k will enhance and add value to the product. mca Response. The proposed Laserflche modules will give City of. Milton the functionality requested in this bid. MCCi anticipates the need for the following additional modules and services. Laserf€che Electronic Forms MCC! anticipates consulting With the City of Milton to identify.processes that Would. be.lmproved with the use of Electronic.Forms.. MCC! offers Comprehensive Forms Training or.various €evels of Forms Configuration Services.. (See Forms..Below) Granicus Legislative Management.Solution Depending.on.de.s.1red features for LM, MCC! would recommend Granicus far your Legislative Management needs. MCC! can demonstrate and consult with the City of Milton to help determine:the best solution. JustFOIA Open Records Request Tracking. Solution Provides a centralized platform for communication and.do.cumentation between departments to facilitate: efficient fulfillment of request. Back file Scanning Services MCC! has Prov ided.some level. of hack file scanning services .to.hundreds of organizatiohs in Georgia. DataMigration/Conversion KC Ci RFP# 16-ITO..1 Document Management Solutions Page 35 of 50 MCC! has. converted. over 30 different applications and migrated the data to.Laserfiche. Records. Management Consulting Services Analysis of current records management policy and procedures.. Additional Product Info LASERFICHEA vANTE. Laserfiche Avante solution is a named user model and starts outwith a feature rich system that is based on the number of people whb will be using the system. It is designed#or small to.rnid-s€ze.:organizations and helps you captyre, ma page, distribute, and work with information in diverse working. env..ironments, Avante comes with Laserfiche Workflaw and allows your organiza tion. to move beyond simple document routing to.automate every .0y tasks, opti.mim business processes; and share information with a wide variety of applications. Avante systems allow.you to -choose from multiple database platforms and Incrementally expand the system with records management edition and other plug -iris such as Auditing, Web Access, Digital Signatures; and Batch -Processing. The Laserf.iche Avante pricing .structure makes it. simple and.affordable to add new features and functiona€ity to your Laserfiche system as your needs change. LAsERFicNE Ria .MCC€ recommends the Lasencche R 10 sol.utior for Enterprise clients that have a large volume of users, as wellas the need for test environments: and: multiple:. servers/repositories. RlO arid each RID license conles.coupled with Workfiow,..Web Access, Mobile Access; Snapshot, Ema1I, Digital Signatures, and Advanced :Audit Trail, This licensing: structure makes it much easier on IT administration, especially when dealing With a large userbase. In addition, Rio supports an. unlimited number of application servers, as.vwell as.repositories, making it well suited for expansion :and test! ng:needs. REO can connect either to. M55QL or Oracle for the backend database, and of course many of the same optional. Las0fiche modules such as the Records Management, Batch Processing and Weblink Public Portal licenses are available with RID. LASFRFiCHESoFTwARE.FEATURS5 AND LICENSING Feature ]Avante Rio Comments ;Database SQL.Express, SQL, SQL, Oracle Ptlons Oracle Retrieval Public Portal Public Portal (Concurrent 10sers (Weblink). tWeblinkj i FullNQmed Includes .Workflow,. Email and Snapshot fvr.Avante;. Users Unlimited 25 —Unlimited Indudes Workflow, EmeiI,.Snapshat, Digital Signatures; Web. Access and Advanced Audit Trail. I for Rio. Retrievdl.Named n/a 200.—Unlimited Includes Email capability, Minimum of 200 mast be Fusers t purchased. :Application Servers 1 Unlimited KCCli RFP416-IT01 document Management Solutions Page 36 of 513. ]User License !Model NamedNamed Avante Public Portal. The 5 concurrent license W.eb€ink Public Portal Weblink Pubfic Avante: Up to 14 additional (for a. total of..5) license.package Up 15 per Repositories can be added at an additional cost. Repositories 1 Application Server RIO* Each Application Server can have. up to 15 IPu61lr {We6linkj Single Unlirriited Single? Repositories attached- RID allows Foran unlimited i .Processor;. Unlimited Processor, Unlimited number of App€ication.5e.rvers. Workflow Included included. greater than the number of. processors {CPUs) on 5=p5hot Included Included the correlating Laserfiche application server. Note: :Email included included Additional. copies of the Unlimited Public Portal are lI NebAccess (Thin lAdd-on option -As of heeded if there is a need to connect:the Public ]client access for 1-1-2016 Included in. included Portal to :more than 1 Applicat€ori:5erver. !named users) all new user license j purchases mobile Access Requires WebAccess included Digital FSignatures. Add-on option Included Add-on option ;Audit''rail (Options. for Starter,. Includes Advanced Standard, Advanced) Audit Trak ELFConneetor. Add -ori option Add-on option Records. ]Add-on option, ]Add-on option Versions _nss rsio �Lf 9.1 ano.later �Lf 8.4.1. and later Web:Admin included Included I The Las erfiche.Forms.User is a requ!red add-on to. E all Laserfiche Full Named User licenses, and is a pre -requisite to all other Forms licensing options. jLaseche Forms This add-on will give the current Laserfiche Full E Add-on optioni Add-on option Users Named Users full access (submission, process involvement,. and approval rights) to Laserfiche. l Forms Server. The Laserfiche-Forms Server can be. installed multiple times, however each instance cc 11 RFPH 7.6-IT01. Document Management So.ju;lorrs Page -37 of 5Q s+� r n. - Avante Public Portal. The 5 concurrent license W.eb€ink Public Portal Weblink Pubfic only allows for one security profile to be set. license.package Portal flcense I Pnrtdl options (5;10, 25; SD, package options [50, nlimited Versions are licensed per Laserfiche application UUnlimited IPu61lr {We6linkj Single Unlirriited Single? server, and per processor. The l.. .Processor;. Unlimited Processor, Unlimited licensed: number of processors must. be :equa€.to or ,Options Dual Processor, Dual Processor,. greater than the number of. processors {CPUs) on Unlimited Multi Unlimited Multi the correlating Laserfiche application server. Note: Processor) Processor) Additional. copies of the Unlimited Public Portal are heeded if there is a need to connect:the Public _—_.... _..__ Portal to :more than 1 Applicat€ori:5erver. Records. ]Add-on option, ]Add-on option Versions _nss rsio �Lf 9.1 ano.later �Lf 8.4.1. and later Web:Admin included Included I The Las erfiche.Forms.User is a requ!red add-on to. E all Laserfiche Full Named User licenses, and is a pre -requisite to all other Forms licensing options. jLaseche Forms This add-on will give the current Laserfiche Full E Add-on optioni Add-on option Users Named Users full access (submission, process involvement,. and approval rights) to Laserfiche. l Forms Server. The Laserfiche-Forms Server can be. installed multiple times, however each instance cc 11 RFPH 7.6-IT01. Document Management So.ju;lorrs Page -37 of 5Q s+� r n. - can anly.beassoclated with one Laserfiche amolication Server.. Kori RFPV 15-IT.01 Document Majagertlent Solutions Page.38 of SO Laserfiche Forms Users licensing is a prerequisite i to being•able to.purchase Forms. Portal ilcensing. I € The Forms Portal. license allows Form submission I frorn unlicensed ubllcl.users.. Forms Portal was tp l aIso.designed primarllyfor non-internal/public. i user submissions, therefore there is no Wirid ows Authentication security validation provided. The users:that access Forms. through the Farms Portal can only submit forrns (these users cannot Lose the Forms Portal Add-orr.optian participate in the business process after a form has Add-on optigri been. submitted). The Forms Portal is licensed to a speciflc Forms instance/server, rather than to the l . Laserfiche Application Server. Please note that if f an organization des 1res:to.have a Forms PortaIfor i internal users, as well as a. Forms Portaffor I external. use rs;.and security protocol requires that these two. Forms Portals reside on separate. servers (one internal one external),'multiple Forms Portal i licenses are required. j "rhe: Enterprise Forms Portal License is recommended for Laserfiche Rio Custorners that { have multiple Laserfiche Application Servers, as €Laserfiche well as forLaserfiche Avante (Avante only allows lEnterprise Forms Add-on option Add=on option for orie Laserfiche Application Server), but require Portai more than two Forms Portal licenses (see Forms Portal description above),. Enterprise .Forms.Parta..i Is, indeed, unllmited.Portals. Instead of allocating . one or more Forms Servers as.Portais, they all a. re. j` automatically Forms Portals. E Laserfiche Forms Users IIcensing.is. a.prerequisite to being able to purchase Forms Authenticated Participant licensing. Forms Authenticated Participant licenses allow Non-Laserfiche Users to participate in Laserfiche Forms Process Modeler Business Processes, and allow for.:secu re authentication when:Interacting With Laserfiche �taserfiche. Forms: Forms Authenilcated Participant Iicensing Authenticated Add-on option Add-on option is recommended. for all internal users that require `Partrclpan.ts authentication acid/or intend to participate in ` more than justthe Forms submission process, and for biose users that do not have Laserfiche Full. i Named User licensing, but have. a need to I authenticate and participate in Laserfiche Forms Business Processes. A f=orms Authenticated Participant license is required for each Forms Server that the.user needs to submit to. Kori RFPV 15-IT.01 Document Majagertlent Solutions Page.38 of SO upgrode Path GasERFlcHE KuG-tris Laserfiche Plu gins utilities and Tools MCU can. provide additional.Laserf€che Plug -ins .Utilities, .& Tools software. Laserfiche offers a selection of modules and development tools designed to let`you.tailor Laserfiche to meet your needs. Certain Plug -ins may be bundled differently based on the Lase rfic€ie,platform. Please refer to the pricing page/pricing proposal to determine which modules have been proposed. Capture Modules Laserfiche Scan Connect=": allows 15 IS scann€no. A collection of 181Sscanner drivers is €ncluded with Laserfiche ScanConnect. These drivers. aHow images to be scanned through supported scanners. ScanConnect 7.x its can be purchased as an add -tin to both Laserfiche scanning. and Quick Fields, Laserfiche Snapshot" : Laserfiche Snapshot is included with both Avante:and RIO Full Named .User .Licenses, and. can generate images and text from an electronic file (e.g, a Word document, a. web page, a text editor, etc.). The files generated by Laserfiche. Snapshot capture the content of the electronic file at the time that.it was processed. In other words, they represent an accurate portrayal of an electronic ii€e at a given point in time. The images and text created`frorn an electronic. file are then stored in a Laserfiche repository: As you can see,. Laserfiche Snapshot can be used. as a tool to archive a part€cular version of an electronic file. Laserfiche Snapshot.can.process any ele.ctronic.file that can be opened with a Windows application that has printing capabilities. This feature is automatically included with every: Full User purchase. Laserfiche. Import Agent: Import Agent is a. tool for;automatically retrieving files stored in a Windows folder and importing them into.a Laserf.che. repository, The Windows folder can be local to the €mport Agent machine.or stored on a network drive. During the €rriport process, Import Agent can process the files (e.g., perform OCR),.use XML data as part of the process, and perform additional tasks. OCR .Scheduler for Laserfiche: MCCi:developed th€s tool:. It provides a..sirrrOle and effective way to. mass OCR documents in Laserfiche. It allows adrninistrators to configure multiple OCR. sessions.. Sessions are created based on selecting folders within a spec€fic Laserfiche .Repository and scheduling.the t€me to begin the OCR process: Benefits; a Effickncy: Clients can schedule the.tool to perform the OCR function, rather than tie up machines during the normal working rhythrn. 4 Support/Search Content: Leaving. the responsibility in users hands to conduct OCR can lead to incomplete processing. The tool provides assurance that everyth€ng in need of OCR is being.. addressed without end user interaction. "Quick Fields" tQF) Batch Processing Tools. -Quick Fields is a suite of Batch Processing utilities created by Laserfiche. Avante and RIO bundle each of these features differently, which is reflected in the Pricing Proposal section: Laserfiche® QuickFieldsrTmautomatica€ly captures useful information from. pa:perand electronic documents. and organizesitfor.fast retrieval, Quick Fields transforms data; capture from a.costly and labor-intensive operation into an efficient.process:by collecting precise. pieces of information from l4Cci RFP4 16-IT01 Document Management 5016tions Page 39 of 5f] . the. masses of unstructured data flowing into:your organization. Quick Fields improves the. speed. and accuracy of data capture while giving authorized staff instant. access to the information they need to. work effectively. A OF bar Code Validation Package:: The Ba r Cade add-on reads liar codes o.n a specified page in the document. The value returned by the bar code process can be used to identify a page; populate a field, determine the document name, or determine where the document will be stared. Bar Cade €s very powerful when combined with Real Time Lookup. supported barcode formats: Codabar,.CODE 39, CODE i28; EAN 8,.EAN 13, Interleaved 2 of 5, UPCA, and UPCE,. OF Real-time. Lookup Validation Package: Lookup populates template fie Ids .and validates meta data by retrieving data stored in third -party databases and other applications. ■ OF Zone OCR Validation Packager. Images that contain cl.ea.rly printed or typed Information can be converted to text files through a process called OCR (Optical Character Recognition). Once text has been extracted from. an image; it can be sent along with the image to the repository. Once the docu merit has been imported. into. the repository, the extracted text will be`associated.with the corresponding image in the document. The International Zone OCR add-on will scan a zone on an image fortext. Only text found Within the zone will beextracted.The data returned by this process can be used to identify a page, populate a field, determinethe document name, or determine where the. document will be stored. The International Zone OCR add=on can be installed when Quick Fields is first installed or after it has already been insta[€ed. QF Forms Alignment. automatically repositbons scanned documents to match a master fortis. correcting for scanning errors and improving data extraction. ■ OF Document Classification. designed for clients who deaf with .multipie forms, and will recognize and.process multiple document types. p QFA.uto Stamp/Redaction%Bates Numbering. The Sates stamp option. €s a document auto- numbering.annotation option • QF.Optical Mark Recogniilon: detects handwritten information, including marks on surveys; tests and ballots. .• QFAgent. enables administrators to schedule forms processing around the clock and run Quick Fields:sessions.without .operator intervention, reducing labor costs andoptimizing business processes. OF Forms Identification: automaticaIly recognizes the form or docu merit based on its overall structure, even in the absence of bar codes, form data or other distinguishing information. QF Forms Extractor., removes form outlines to isolate data f❑r more accurate capture. e QF Scripting.Xii-_ Offers a script editor, which allows developers to write C;O and VB..Net Scripts, and Insert the scripts into a. Quick Fields Session. Distribution Modules Laserfiche Public Portal - WebLinic.'"': The lwebLin.k module publishes select documents in a Laserfiche repository to an intranet or the Internet in read-only form, Documents can be made available.through the Web almost instantly, and users need only an Internet browser in order to access them. Built an ASP.NET, WebLink can be customized to.rnatch the look and feel of an organization's Internet or intranet site. ■ Laserfiche WebAccess: Laserfiche Web Access is a Web. browser -based thin client offering virtually a11 of the document management.capabil€ties of the standard Laserfiche interface: Web Access allows your iT staff to roll out high-volume Laserfiche access without increasing your organization's.application support burden. Authorized. users:organization-wide enjoy simultaneous access to documents,.whether they are using the corporate intranet or Iogging. in.. r4q.q RSP#:16-ITO1 bocument [Aanagerrient Solutions Page 40 of 50 from a branch offiice. In addition,, access to Laserfiche Mobile and the Laserfiche Sharepoint integration resources; is made through Laserfiche WebAccess. o Laserfiche Mobile Access Options: Laserf'iche Web Access or Laserficl a Forms is required for any/all mobile access options. Web Access light & Laserfiche Mobile are both options for providing mobile access to your Laserfiche solution: a Web Access Light:. Designed for Blackberry, Chrome, Opera. and Safari rhobile browsers..; offers a lightweight Web interface for popular mobile devices, enabling users to search and retrieve documents, as well as approve documents and participate in..workflow automation.processes, while away from the desktop computers: e The Laserfiche Mobile iPhone app takes advantage of the. !Phone's touch screen, gesture recognition and. high resolution interface to Provide users with anImmersive experience. Features include: Create and upload new content with the !Phone camera. * Automatically crop, straighten and enhance captured information, with full text recognition. ■ Copy, move, rename, download, e-mail, print+or delete content. Browse for documents in a folder structure or search the entire repository ® Participate in.workflow automation processes by accessing rnetadata fields: Interaction with Laserfiche Forms The Laserfiche:.Mobile il}ad app gives employees the ability to: securely view and update content from wherever they are. Features include: p. Provides secure access to. documents acid metadata • Enables users to create and upload new documents d. Participate in Workflows on the go ■ Interaction with Laserfiche Forms Laserfiche Mobile.for. Androld:aIlows you to e, Search across ail documents in a: repository. Pan,.zoom, rotate; and easily access metadata while working with a document in the Document Viewer e. Quickly create and upload new documents from: your device's camera, images.in your device's gaIle ry,..and files stored on your device o Full support for Laserfiche Business Processes, including starting business processes and viewing their details a Use personal libraries to create task lists or group related.entries to make working with them faster and easier ■ Add, edit, and view. entry metadata a Copy document .text1or use in other apps i Process, clean up, and compress captured documents for easier viewing a Capture the geographic.cpordinates of an image. to allow linking documents to their mapped location 9 View and export PDFs.and other electronic documents ® E-mail document or folder links to colleagues s Manage .documents using copy, move, rename,.print,. and delete "fccil RFP# 16-IT01 Document. Management.Salutions Page 41 of 50 F.o - A variety of security options:keep documents secure in Laserfiche and on your device Widget lets you quickly upload new documents and images e Interaction with Laserfiche Forms Laserfiche SharePoint integration: The L:aserfiche.and.Sha.rePoint Integration (Lfsp[] is. built on the power of Laserfiche Web Access (Therefore Web Access is required foe the Laserfiche 5harePaint Integration), a Section 508 -compliant thin client that reduces installation,,.support and maintenance requirements. The integration requires an an premise installation of 5harePoint. Laserfiche PIus7' Laserfiche Plus al.faws the information stored in a Laserfiche repository to be. portable. Laserfiche documents published by Laserfiche Pius can be viewed by anybody, regardless of whether they have Laserfiche installed. ifthese.:partabie Laserfiche documents are 5ent.to a company or site that a€ready has Laserfiche installed, then that.organization can also choose to attach those documents to their repository: This software prepares a.copy of the Laserfiche files (images, text, electronic files, annotations, templates and field data):€or burning directly to.your removable med[a or to a temporary directory. Choosing to. publish to a temporary directory.allows you to write it to your removable..media. at your convenience: Laserfiche E -Mail Plug�inT'n ailows..instant electronic document distribution via standard MAPi- compliant E-mail applications. This feature is. automatically included in every Full User and Retrieval User license. purchase. Workflow Process Automation, Collaboration, and Tracking Laserfiche Workflow: Enables .organixations to.autainate standard, collaborative. business processes, such as. approvals or routing.based on conditions: The software transforms your static Laserfiche repository into a dyhaWc corite nt management solutio n.that ensures your business processes are performed consistently and efficiently, Additionally; workflow can be used for database integrations; and to improve consistency With how records are flied in Laserfiche: Laserfiche Digital Signatures: Laserfiche :a]lows. users to sign Briefcases when exporting as well as documents stored In Laserfiche, These are two separate applications Of digital signatures::Signing a briefcase file embeds the signature in the file. along with the certificate associated with the signing key; The full certificate chain. is embedded. This. allows users top rove Who created the briefcase and that the briefcase was not tamperedwith. Digitally signed briefcases may, but do not necessarily contain digitally signed documents, Digital signatures .can be applied to.documeiits stored in. Laserfiche. The digital signatures are stored.as metadata and: are. preserved when exporting a document in a volume or briefcase (whether or not.the. briefcase was itself signed). - Users can digitally sign a document in the Laserfiche Client ar Web Attest.to:jhdicate their approval. Documents ran also be countersigned by another user, which indicates approval of the document and. the existing signature: Multiple signatures and.countersignatures can be. applied to a single document. bigital:signatures are validated with signing certificates on the server and the repository, which verifies that a signature on a.do.cument is trustworthy: A signature becomes invalid if the certificate is expired or if a document has.laeen modified since the signature was applied. Signature certificates are managed through the Laserfiche Administration Console or Web Administration Console, As a pre -requisite, the organization must.have Digital Certificates set- UP on the network, prior to implementing Laserfiche Digital Signatures. KCCi kFpv 16-IT01 Document Management Solutions. Page 42 of 50 Laserfiche Audit Trail Modules: Three levels of audit reporting. to address your specific regulatory compliance and security needs. • The Stdrter Edition tracks basic everts that occur in the repository End that.involve. accessing, modifying or exporting data. Basic events include creating,.ed'i.ting, printing or deleting documents;:crEating..annatatitins, and assigning metadata, The Stannard Edition builds on the Starter Edition by tracking additional security- and access - related even ts.This edition can also track unsuccessful attempts to perform an action; such as failed attempts toaccess or print.documents. The Advanced Edition meets the needs of organizations in the most highly regulated. environments. It includes all the functionality of the other two editions, and alto tracks many more events including password changes, the creation or modification of users and groups;.and changes to reliository-wine settings. it can also..track all the searches users perform, require users to enter reasons for performing certain actions, and automatically add watermarks to printed documents, Electronic Forms Laserfiche Forms allows organizations to create Web forms for collection.and processing information electro n.€caIIV, Laserfiche Forms has flexible design options to meet your organization's needs: You can: Create custom forms. fro m a library of field or selection elements. - Apply preset or custom themes, inci.uding page logo,. colors, buttons, fonts, and more. Configure..form el.eme.nts to dynamically bedisplayed or hidden depending on user 'inputs.o.r to be populated with data from external data sources. Automate business processes for form data to fallow, such as decislon-making, emalling, or approvals. - Create custom form layouts and dynamic Behaviors with CSS and Java5cript.. ■ Role based. security is included to allow and restrict access to necessary functions for form submitters, reviewers, approvers, form creators,. and system administrators. e Reporting tools. a]low difFferent views of detaiis:on submitted forms such as: - User view of details about all submitted forms, Approver "dashboard" of submissions awaiti.ri&approval. Administrator views of al] submissions by form and .approva€ status. F:.arms.can be used internally or externally.(.with the appropriate licensing), Publication options include login to forms. system, public URL, secure .URL, or embeddpd.into a Web page. • Submitted data can be exported.for further analysis of distribut€on. ■ Submitted forms can be utilized to initlate an email notification.or start a workflow rule within .Laserfiche. Laserfiche integrufion Plug -ins LF Integrator's. Toolkit: Provides the tools & documentation necessary for customizing Laserfiche; and integrating Laserfichewith other applications... * Laserfiche Connector Integration Laserfiche Connector provides a streamlined experience for integrating La serfiche.with line of business: applications such as CRM and ERP systems. Laserfiche Connector integrates easily thro ugh user-define..d. hotkeys and. embedded.% icons: Laserfiche Connector.allows: KCCi RFP#f 16-iT01 Document Management Solutions Page 43. of 50 �.p - . . o Searching the Laserfiche repository based on fields from third�party applications such as CRM and.E;RP systems. Both basic and advanced searching is supported. If only one result is found, the document will automatically open in the Laserfiche Client, laseffiche. Web Access orLaserfiche WebLink. a Launch ing. Laserfiche Scanri.Eng and automatically populating metadata for the scanned documents with. information from a third -party application. .o Importing a document and automatically populating metadata for the imported documents with iriform.ati.on from a third -party application. o Connecting two appilcations by allowing one of them to start the other (including the ability to pass:parameters between therm): o Choosing whethei any of the ab .ve actions are: activated from a keyboard shortcut, a button em. bedded.. in, the application's title bar; or both. Third -Party Integration Plug=Ins;. RatchetX.Integration. — Rat chetX is a configurabie and:robust middleware integration tool far Laserfiche. With a single .click. of a button, new docu.ments.can be added to Laserfiche front another application, and users can search Laserfiche directly from the applications they use most. Ratchetx is unique in regards to the robust toofset it provides for accessing d.ata:from.other applications {even the toughest proprietary systemsj, for use configuring the most common KM integrations:. indexing,:importing%scanning, and executing search queries. In..addition, Ratchetk provides the capability to create custom integration activities, such as populating a .record in another system from the data extracted during the intake process. in Laserfiche, onlooking up. a record in another system} from the Laserfiche .Interface itself (Bi-directional integration). LF Integrator GP --.LF Integrator empowers Great Plains. users to scan, search and link supporting documents in Laserfiche. document management appl!cations directly from the Great Plains :menu bar. Link the document.and workflow management power. of Laserfic.he. with your current. Great Plains l nplementation. CFlritegratorAutoCA.D— LF integratonfor AutoCAD :allows you to store AutoCAD drawing files. or associated documents in Laserfiche, including embedded cross . reference. files,. directly from the AutoCAD menu. Launch .Laserfiche scan or. search modules using the drawing Elle for template or search criteria; or create a Laserfiche document template.using the:fieIds from any AutoCAD drawing tftie.block with a single click. - GeoDocs. GeoAocs'"' is a web -based software that sea rhlessl.y Integrates.FSR1 ArcIMS (soon to be ArcGES Server) and Laserfiche. Utilizing robust searchcapabilities; users of.Geo Docs ca n. access digita 1. docume nts stored in a Laserfiche repository tram within the web based GIS program and vice versa, access spatial information. sto red in a GIS from within the Laserfiche web client. LTSysteins Loserfiche Integration —1.T Systems Laserfiche Integration allows. users of the LT Systems Court solutions to archive. court related documents into Laserfiche. Users can launch Laserfiche: scan or sea rching:windows from LT 5ysterris and bring data and. documents directly into Laserfiche While capturing metadata in.LTSystems. *Created.& supported by MCCi only. GRAXICUS.SOL. UTH MS GRANiC059 OPEN PLATrORM The Gran lcusO Dpen Platform is the cloud -based foundation for all Granicus. applications. it allows government organizations to manage and store an .unlimited amount government public meeting data. iAC.M R.FP## 25-ITOI Document Management Solutions Page.44 of 50 it is the core of our content management; administration and distribution tools and 'Includes free access to our APIs and. SDKs, helping ya.4 seamlessly connect your Gra nicus solution to.systems in place.. The Granicus Platform includes the ability to upload and.publish Content including Videos and documents. a Unlimited content storage and distribution • ©pen architecture and SDK Archived video editing and indexing Citimn web portal Dn-demand streaming to mobile devices* * Available for on -demand playback only GRANicus" LEGISLATIVE MANAGEMENT -SUITE, The Legislative Management Suite offers a complete an.d automated agenda workflow solution. Create agenda.items and assign them to the appropriate agenda, making agenda creation seamless. Item approvals are done automatically — a.pprovers are. notified when it's their turnto review. Seamlessly connect agenda clan'to the IPad to review agendas and support documents, take.:notes and.more through the !Legislate application. Capture all meeting actions after the meeting into the publicm6ord. Plus, you can organize and store electron icdocuments of any file fo.rrnat in ane. repository. All documents.are automatically tagged and indexed., making,search and retrieval easy. This Suite also ail] o.w..s.you to track legislation from inception through approvals and actions taken Agenda item drafting.a `` Electronic approval process doom Agenda packet generation and !. publication organize, store and retrieve documents Continuous legislative workflow Trask and. search.legislative. data GAVERNMENT TRANSPARENCYSUI-TE The. Government Transparency Suite gives. your citizens greater. access.to public meetings and records. online. Ta ice the next:ste.p towards transparency and. stream meetings a nd..events.live, link related.documents:to yourvideo and provide advahced searching of archives. The Government Transparency Suite gives you unlimited cloud bandwidth and storage. as well as local live and on -demand streaming for up to 513 corlcurreht viewers. Thi s.Suite also allows you to connect agenda data to the !Pad to review agendas and. supporting. documents,: take notes and more through the !Legislate application. ■ Stream .unlimited meeting. bodies and events -live • Intelligent media routing track tWstnt" slismry. i�}i�h ro w<a li ��� RFP4 7:5-ITOI Document Management Solutions Page 45.of 50 index video in real-time and fink to relevant.materiais +. Build reports and analytics on visitor trends a Paperless agenda fo.r.the.iPad .+. Offer downloadable. media formats. MEETING EFFICIENCY SUITE The Meeting Efficiency Suite is. a live meeting workflow solution that combines minutes with a meeting's recording. Capture and.publish minutes, saving staff time and. cutting administrative costs. Record roti -call, agenda items, speakers, motions, votes, and notes through a simple interface. After the meeting, finalize minutes quickly and easily in Microsoft Word'". With Votel-og, allow the public to track legislation; ordinances and even voting member records through your website. This Suite also. allows you to seamlessly integrate With agenda solutions already in place. Meeting preparation tools Live minutes.automation . + Quick notes and text expansion. Minutes editing and.publishing. Generate linked minutes i4ewpar! Seaeh cmorNrwnx¢r Bsecxr ELECTRONIC VOTING AND PUBLIC DISPLAYS (SUITE ADD-CIN5). This,additionto the Meeting efficiency $uite.gives elected officials a new way: to.participate.in public meetings using touch -screen displays to record motions. and votes as well as. requestto.speak. View full agendas, supporting materials, the current iteni,:speakers and -vote results all from.the touch -screen display. Record actions directly from elected members and..ensure greater accuracy. Help yoi audience fallow fast -paced meetings with a public display that shows current item, vote results and more. Touch -screen displays + Digital speaker queue a. Vote and roll call automation +: Review paperless agenda packets 4cm. RFFV 16-ITOI Document Management Solutions Page 46 of 50 MCCi Terms and Conditions MCCi, a Limited Liability Company and subsidiary of MUNICIPAL CO DE. CORPORATION, which is .duly organized and existing under the laws of the State of .Florida,.. hereinafter referred to :as MCO, hereby offers the Laserfiche Software & Services according to the following terms and conditions. LASERFICHE SOFTWARE UPGRADE One year of LSAP must be purchased for new products when upgrading. LSAP of the original product will not. be credited. €iowever, remaining months of LSAP can be applied towards. the new purchase of one yea r.of.LSAP.for the new products. To receive anyavaiiable software credit 'for. prior versions of software; the client must have an active LSAP (suppor /maintenance that has not expired). INTEGRATIONS 3rd party Laserfiche integrations or utilities may consume one or more Laserfiche user licenses depending on how the vendor designed and coded the integration. These additional licensing needs should be verified by the client and considered 1nthe user licensing purchased. SOFTWARE ASSURANCE.. PIAN (SAP) MCCi acts as.1st tier support and works with the manufacturer at a 2nd tler`level when:needed. MCCVs Software Assurance Packages include:. Access to software:point release updates, Telephone or E -Mail support for sof ware related issues; A -hour FTP and web site access, technical bulletins and newsletters, Adjustments in annual support rates may be made to coincide with current U.S. inflation rates—any increase will not exceed the cumulative increase in the Consumer Price Index-(CPl) occurring since the East price Increase. Annual support payment is due in advance.of the date of renewal: Reinstatement fees may apply if paynIeht is received more than 30 days afterthe date of renewal... Any updates requiring shipment of software require Client to pay shipping costs. Annual support date is based on the .following: o. For net new systems, the support date is set 30 days after MCCi submits software order to Laserfiche. ■ For.platform upgrades the support date is set..iinniediately upon MCC! submitting software: orderto Laserfiche. • For additional software, the support date is prorated to match thedtent's existing. support date. Customers. may contact MCQsupport`via MCCi's online Support Center, email (sUpportgmccinnovations.cQm), or telephone 866-942-0464..5upport is available Monday -Friday {excluding major holidays) from S:flO.a.m. 5:00 p.m. local time in the Continental U.S. SOFTWARE PURCHASES AND SUPPORT RENEWALS Laserfiche policy dictates that MCCI as.your current VAR of record, is. the VAR that candown load software. I[censes:and activations for yo. u. You can also. only purchase additiona[Lmerfiche software to expand.or.,upgrade.your Laserfiche system, and renew your Laserfiche Software Assurance Pian (LSAP) under your current VAR of record. Unless you decide to.cancel your contract with MCCi or work with Laserfiche .to formally change your Laserfiche Var of Record, future software purchases and support renewals will be processed and provided by MCCL I.ASERFICHE RIO 5HAREQ SE#iViCES PROVISIONS The host entity is the.owner.of the Laserfiche licensing and `registered as such with MCCi and Laserftche corporate, For Laserfiche corporate licensing rules, there can only be one licensed entity per Laserfiche Rio platform. Licensing is nonAransferrable..Add itionally, the Host Entity is responsible for cost KCCi RFPV 16-1T01 document Management. Solutions Page 47 of 50 allocation among the other entities that are utilizing its.Laserfiche.Ric) Platform, and for being the. maIn point of contact for support provided through MCCL SERVICE LEVEL AGREEMENT (SLA) MCC!'s. SLA is offered in addition to the Software Assurance Package. It is.required 1n some circumstances, and. offers the customer escalated response times depending on the severity of the support issue, as well as extended support hours and many other additional benefits. The SLA documentation is readily available upon request. MCC! SOFTWARE CUSTOM€ZATI.QNS The customer may elect to contract with MCCi to customize the standard software. As standard software is upgraded, any custamizations performed will require support in the form of updating through our Integration. Support Assurance Program (ISAP). ]SAA must be current to receive updates to .the integration at no additional charge: Otherwise current hourly rates will apply. Upgrades to existing programs, or the acquisition of new programs from vendors other than MCC!, may have: an effect on customizations made to the software by MCCL MCCi will not.be held responsible if upgrades or changes made by the.customer or another vendor or application:precludetheoperation of MCCi's customizations. MCC! SOFTWARE CONFIGURATION SERVICES The customer may elect: to.contract.with MCC[ to configure the software. The customer Wresponsible for testing all software configurations completed by. MCCL By acknowledging this testingrequirement, the customer waives any and all.liabllity to MCCI.. for any fees,.. da mages, etc., that could be. related to software configurations, TEST/EVALUATION SOFTWARE Purchases of testand/or evaluation software are based on access time periods needed rather than lierpetuaI software licensing. CLIENT SOFTWARE CUSTOMIZATIONS I. The .client may also choose to customize their software internally, without MCi's help.. MCCi is not responsible for any damages caused by the user's customization of the software. MCC! will not be held. responsible for correcting any problems .that: may occur from these customizations: Routine. updates to the software..mayaffect any customizations made by the user. If MCCi's help is required to correct/update arty customizations made by the client, apprv.priate charges will :apply; HARDWARE MCC!.does not support any hardware as partof this contract. If hardware. is purchased through MCC[,. the client is required to :obtain the appropriate warranty and work directly with the manufacturer in: regards to hardware support CLIENT INFORMATION TECHNOLOGY ASSISTANCE In order for MCCi to excel in customer service; the client must:provide timely. access to technical resources. The client must provide adequate technical support for all MCC! installation and. support services. If the client does not have 'in-house" technical support, 'itis the client's responsibility to make available the appropriate Information Technology resources/consultant when needed. ti Chi RFP9 I&ITDT Document Management Solutions Page AS of SQ •:�- . _ , SOFTWARE INSTALLATION MCC€ will instals all software outlined herein. If:addition.al software is needed to bring,the`slte up to specifications; customer w.iil be billed. accordingly. PROFESSIONAL SERVICES RESCF€EDULiNG/CANCi LLATIONS Travel Expenses; If the client cancels or reschedules an installation after'MCCi has made travel arra.ngernents, travel expenses may be incurred du.e to circumstances such as non-refundable airline tickets; hotel reservations,. rental.cars, etc. Site Preparation: The Client site should be ready for installation according to specifications.outlined within the Hardware section. If site is not prepared and results in cancellation, delays, or rescheduling.. of a n. installation after MCC! has made travel arrangements, the c€lent..may incur expenses due to circumstances such as non-refundable airline tickets, training/insta11 charges, hotel reservatlo.n.s, rental cars; etc.. Project Delays: Requests made.by the client to cancel/reschedule delivery of services, will cause a.delay in. delivery of the services and the overall project. The cl le ht. u nde rstands that MCCi wil.l..have to respect the timelines of other scheduled projects. When reschedulino :services due to a request ma.de.by the client. ADDITIONAL SERVICES As an additional service/product under this contract, MCC.and MCC! can provide the following: . Electronic Agenda and Legislative Management {Le&tar). MCC! offers the Granlcus Legislative Management Suite. (Leg€star).and..related services which provides electronic automation.and.creation of Agendas and Minutes. Legistar is also integrated with Laserflche. . Scanning.and Digital.Conversion Bureau: MCC! offers scanning,.indexing and integration of hard copy documents, microfilm/mlcrofiche, with Lase rfiche Software to provide the Client with the most powerful index retrieval search engine available. . Open Records. Request: Solution (J.ustFOIA). MCC! offers its JustFOIA solution to help.agencles`track Open Records Requests. JustFO.IA is a hosted. solution that is user-friendly, affordable, and integrated with. Laserflche ECM. • Code Sup plemen.tation.and Codification Services (MuniCode): Municipal Code Corporation offers supplementation of existing.Codes, Codification of Ordinances and Recodificatlon of existing Codes. Our option@[ sery ices include legal review, republishing, editorial and index work and electronic options (CD, Internet). • Utility Billing Services [MuniBllls). MCCAdvantage offers. billing, statement and remittance processing services as an. additional benefit under this agreement. MCCAdvantage, a subsidiary of MCC, can provide the. client with design,. printing and.ma i€ing services for customer. billing/statements ofalI types. These services also include. remittance payment options,.:software and other billing solutions: AGREEMENT EXTENDED. TO OTHER GOVERNMENTAL UNITS MCC€ agrees to allow.any other Government agency to .purchase items,. at the same terms, conditions and.pricing as this contract during the period of time that this contract is in effect. Minorchanges in terms and conditions may be negotiated by MCC€ and. pa rticipating. Gove rnment agencies. Any orders issued against this agreement shaft be the.sole responsibility of the Governrnent agency placing tate order: it is understood. that -the Client:shall. incur no.financial responsibility in con nection with any purchase by anot€ier Government agency: OPP RFP# 16-1T01. Document. Management Saiutions Page 49 of 50 LIMITED LIABILITY In no event.shafl MCO's total liability to the client exceed:the.project fees paid to MCO by the client. FORCE MAfEURE Neither party shall he liable for any delay or failure. in performance due to causes beyond its reasonable. control. CLIENT FINANCIAL SOLVENCY/BANKRUPTCY MCCi may. re.qulre payment in advance for.pro'ducts and servfees in response to learnin.g.of financhal solvency or bankruptcy issues. NO HIRE CLAUSE Client and MCC! agree.thatduring the period that this agreement.is in force, including:exte.nsions or Modifications thereto, and for an additional 12 months,following this period,. neither Client nor the MCCi will actively recruit, o.r..solicit. employees or independent contractors of either company, orthe ern ployees of any of the.otherSubcontmctors; who are on active payroll status and are currently participating in thisprograms, without the. prior written approval of the party whose employee .or independent contractor is being:co.nsidered for employment. This does not prohibit any ern ployee from responding to or purse Ing .employrnent opportunities through normal media channels, i.e. newspapers, professional journals, etc. so long as It is not related to this:particular program and that it fs not an attempt.to avoid the intent of the above restriction. If, during the term of, or within (12) months after the termination of the performance period of this agreement, client Mires directly, or indirectly contracts with any of MCC'r's personnel..for.the performance of systems engineering and/or related. services hiereunder, client agrees to. pay MC01:25%.of the fees paid to; or in favor of suchpersonnel for one. (a j year after such personnel separates from service with: MO. TERMINATION The services providedin this agreement will. be in full force and effect for a period of three (3) years from: the date of shipment of the. completed product.to the organization. Thereafter; this.agreeme.nt will be eutoriaticafly renewed from year to year, provided..that either party may alter or cancel the: terms of this agreement upon sixty (50) days' written notice. MARKETING & REFERENCES Client agrees to allow MCCI to publish and publicize testimonials and case study information pertaining to MCCi's work with the Client. This information, Including the Client's organization name; logo, and contact information will be used in. all media types Kc C! RFP4 16-1T01 Document Management Solutions Page 50 of 5D Rf�sp��ns�., vo Request for ProprE;al Do unveil Management Solution .subrilifted tcs: Milton, GA HOME .OF", -SI "N 0.4 E STAB L IS li ED 2006 Opening Date. September 1, 201.6 2:00 P,rn, 20 i RFP 16IT01 SECTION 5: COST PROPOSAL HOME OF ?^ ESTABL]SHE U) 2006 MUST BE RETURNED WITH PROPOSAL One. (11: original and seven (7) copies shall be submitted in a separate sealed envelope before the required deadline. The offerors cost praposQl shall be signed by an authorized agent of the company. There: is no maximum page limit. to section 5. The undersigned bidder, having familiarized themselves with the work required bythe RFP,. the bid documents, the site where the work. is to be performed, all laws, regulations, and other factors affecting performance of the work, and haying satisfied itse]Uhimself/herself.of the expense and difficulties attending performance. of the work; Hereby proposes and agrees, if this bidfor the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as:indicated or specified in the RFP and the bid .documents to be performed or furnished by bidder for the total contract priceof: Item 1. Price for all software components; implementation and training costs. $ , 5� . ° a Item 2. Total Maintenance Fees for five years $ (Price shown. should be annual maintenance cost x 5) Total Price. (sum Item i and Item 2) Print Total Price in. Words Print/Type Company N Authorized Sig Here: Print/Type Name Print/Type Title r r ,,�- '�+ 'Zof';Z&I� a cx:rrav ` PRICING PROPOSAL Product Description.. ECM SOFTWARE LICENSING FOR AVANTE Avante. Server for MS SQL [dj LF Records Management Module. LF Full Named User ` Includes Web Access, Snapshot, Email, and Workflow 0 Laserfiche Standard Audit Trail 0 Import Agent Q' OCR .Scheduler for . Laserfiche - Requires one.dedicated Laserfiche User License i 0 LF Scanconnect 10 -pack 0 LF Workflow ECM Software Licensing Total WEB TOOLS FOR AVANTE 0 Laserfiche Starter Public Portal Includes We blink and 10 Retrieval connections Web :.Tools Total LASERFICHE INTEGRATION TOOLS j� Laserfiche Connector, Per User Integration Tools Total ANNUAL SOFTWARE SUPPORT: BASIC LEAP Avante Server for NQS SQL [ LF Records Management Module 0 LF Full Named User Includes Web.Access .Snapshot, Email, and Workflow [.� Laserfiche Standard Audit Trail Import:Agent 0 OCR Scheduler for Lese.rfich0 -Requires ane dedicated Laserfiche User License 0 LF Scanconnect 107pack 0 LF Workflow j►� Laserfiche Starter Public Portal Includes Weblink.and 10 Retrieval Connections ►� LaSer iche Connector,.Per User Q Laserfiche Administration Services Loserfiche Administration-Servicesneeds are estimatedbased on the currentsoftware components provided herein: up to 30 hours. Qty. 1 50 50 1 1 1 1 cost. $5,000.00 56,00o.0o $500.00 $75.00 $1,495.00 $1;500.00 $915.00 Included 1 $151000.00 50 $25.00 1 50 50 1 $1,0.00.00 $1,200.00 $120.(}0 $15.00 $3.90.00 $330.:00 $184.00 Included $3,000.00 $5.00 $4,455.00 Laserfiche ►ova me Total $5,000.00 $6,000.00 $30,000.00 $3,750.00 $.1,495.00: $1,506.00 $ 915.00 Included $49,00. 00 $15,000.bo $15;000.00 $1,250.00 $1;250: on $1,000.00 $1;200:00 $6,000:00 $750.00 $390:00 $330.00 $184:00 Included $3,000.00 $250.00 $4,455.00 W Training Center 50799 Users $3,920.00 $3,920.W R1 MCCi 5LA.50=.100 Laserfiche Users 1 $3.800.00 $3,800.00 Receive 4 Hour or less response time and up to ?oro.aff future Professional service engagements.; fullSLA dacument available upon request Annual Support.Total $25,279.00 For budgetary purposes the Client should include $25,934_20 in.annuol budgetfor renewal of the items.quoted above. Please note that if you subscribe to MCG's SLA or Training.Center, additional user licenses may increase the cost of these items at the time of your next annual renewal. MCCi PROFESSIONAL. SERVICES R1 Business Process Configuration Services -.Filing Workflow 1 $3;300:00 $3,300:00 (up to 20 hours)' Q Records.Management Module Training;.per day .1 $2,200.00 $2,200.00. *Travel expenses included, j Basic Onsite Training of software, per.day 4 $2,200.00 $800.00. ■3 Days End. user Training .1. Day Admin Training Workflow training and.1t7staliation excluded. Travel expenses included. MCO Project Management Services, up to 104hours. 1 $171160.00 $17,7.60.00 [.7 . Laserfiche Connector Integration Configuration &Training 1 $2,500.00 $2,500:00 Professional Services Total. $33,360.00 Total Project Cost :$224,149.00. PAYMENT .&. BILLING TERMS MC0 will invoice ane hundred percent (100°%) of the software and.support upon delivery of software. If services are:included, the balance of -the total project will be invoiced upon completion of the proposed.professional services, .which may be. broken up based on the comple.tion.date of specific services.. Sales tax will be included where applicable. Paymelitwlli be due upon receipt.af an. invoice. Las.erfiche saftware. and help'flles:are provided. electronically. if hard copy manuaIs.or software is desired„the re is a $50 additional charge. This will need to be requested. Pricing Assumptions:. MCO has quoted 50 -named users. based on the requirements of the. RFP. These users can scan/lMport/ma ke changes participate in business processes. In the event thIs number of users needs to be scaled down,: MCCi can adjust as necessary. Please. see our technical response for what is covered.under Project.Management.services. Business process analysis far anything outside of initial setup, configuration, indexing.and filing workfiows is. not included. Laserfiche ECM holds the Dal? certification but MCC! understands the City of Mllton does not necessarily have to adhere to poo standards. The Records Management module that. MCCi has quoted will.give Clty of Milton the desired records management functionality without the additional cost of the Records :Management Edition. MCC! has provided informat lo m o n the levels of Audit Trail capability in Laserfiche for the City. to consider the various reporting features between the standard and advanced uptions.'The %biggest between Standard and: Advanced is.Advanc.ed will retain the metadata and of destroyed records. We have quoted Standard Audit Trail but can provide pricing on Advanced if desired. - Scanning Hardware should. be procured separately. MCCi has quoted the Starter Public Portal for up to 10 concurrent users internaVexternal to view/search print. This can be scaled up accordingly as there are options for 25 users,. 50 users, and unlimited. It can also. be upgraded at.a later time if the City would like to phase ire departments. f _ We have 3.option al support items that other'campar3ies may not be able to provide. We see aur.public sector customers. take advantage of these and do recommend them for implementation. ❑ SLA o 0 C Scheduler o Training Center .o Laserfiche. Adm in'istration: Services EXHIBIT "'B.2"' SCOPE OF SERVICES. The -Client currently has approximately 103GB of electronic records: in aversion Optiview system which operates on 54L.database engine as the backend This. data .contains approximately 274,000 images, which. the Client would like to have migrated, indexed, and integrated into their new Laserfiche system. Unless. otherwise: stated Wthe scope of services, . the migration process is limited to migrating data from one system to Laserfiche. Access. to data- The Client will provide MCC! with remote access to the. data for the. purpose of review, and for assistance in configu.ring the migration.utllity.. If necessary, the client will make a. copy: of all data. to be migrated on:an external hard drive and will send -the data to MCCL Additional fees may apply if the data is of a size that requires MCC! to acquire additional hardware to run the. migration process. Copy of Application - The client is required to give MCC! access: to. the original application as part of the migration process. If no access can be given, this must be stated in the. scope of work. Due Diligence — Data migrations may require investigation by MCCi prior to providing time estimates andconfirmation on programmatic feasibility. Due diligence time spent priorto contracting for services is incorporated:into the final project cost. Migration --The data migration utilitycreated by MCC!, will be utlllzed to migrate the. records to the Lase rfPche system: The images and the document. classes (i.e. the index data) will be preserved within the..var ance, if any discovered during Project Sampling and Evaluation Testing. if manual image naming or indexing is required it will be the client's responsibility. Supported Data Types -TIFF Images from the legacy system will be migrated: into Laserfiche. No conversion of data types orremovaI of document wrapperswill. be completed during. the migration process unless specifically stated in this scope of services. document. Files that are encrypted will. not be migrated. Indexing- If indexing is.desired..and not currently contained within the .electronic data migrated,. the. Client is required to provide MCC! with a.database (in a format accepted by MCCi) of indexing information which would be:used.to auto populate tempi ate fields. Additionally, the. index data must beassociated with the: documents via unique identifiers.: or pointers. OCR — The client will be able to OCR the records internally, once the. migration process is complete. Data Capture and Quality Control - MCCi is not responsible for the accuracy of. existing indexing data and/or lrnage.quality, such as errors on the media, image file corruption, data .file corruption, orphaned records, encrypted data; non -supported .proprietary:forMats or other errors that are not controllable by MCCL Security - Due to the vast differences in how document management systems handle security and file access, the migrated data will not retain any of the previous system security from the former document management system. It. vVilI be the responsibility of the Client to apply the necessary security and access control to the migrated data in Laserfiche. Prior to providing end user .access, the Client should verifythat all migrated data has. had the proper security applied,. including view/write access and redactions (if utilized), which is: consistent with their eAsting Laserfiche security policy. Sticky Notes, Redactions: and/or Annotations.- Due to the vast. differences in how document management systems handle sticky notes; redactions and annotations, data. migration services do not include migration of sticky notes or any other redactions and annotations from the legacy system to Laserfiche, un less: otherwise stated in this scope.af services document. Retention of data - MCCi is not responsible for maintaining a. copy of the original data, or a copy of the converted data. Point of Contact - MCCi requires the Cllent to. make accessible one point of contact to. MCCi forall decision making.. This person Is. responsib le for.obtaining aIt approvals on behalf of the Client in regards to formatting, template fields, file structure, output format, etc. Assumptions • Data within this version of optiview systern: is close to or similarly structured to. previous version of appl!cation xtender that we have deaIt.with. ® Find Ing from sample set viewed duHng initial. review will hold true to the full data set. Project Deliverables (Data Migration) MCCi staff will perform the data migration and deliver to thie client.their indexed and migrated in an easily imported format for Laserfiche. MCCi staff will assist/perform the importing of these documents into the clients Laserfiche system. Data Sampling and Testing MCCi will conduct a sample testing which is intended to -:resolve various migration questions, confirm. arid ensure.a mutual understandingof the m€gration project. requirements and expectations. Work urider th€s contract shall begin after written acceptance of sarnpie test results by the Client. PROJECT PRICING — DATA MIGRATION SERVICES Based on. the estimates provided by the Client and is dependent upon final sample testing. Q Migration Utility & Support (Up to 90 Hours). $18,450 - MCC! and `client thoroughly review legacy data - Utility configuration for up to 23 Doc.types: - Creation/verification Laserfiche metadata templates and folder structure:. Client should have. existing Laserfiche Templates. - Sample run and presentation - Migration code fixes and: anomaly adjustments Data. migration: Cllentmay be...requIred to assist €n.the actual migration If original time estimates are exceeded - Volume. Consistency check d Project Management 5ervices.(Up to 30 Hours). $4,950 Q Discount on Migration Services -$922.5[3 Total Pricing- $12,477.50 PAYMENT & BILLING TERMS MCCi will invoice fifty percent (50%) of the total contract amountupon receipt of the signed contract.. Balance will be invoiced and milled upon delivery of migrated data, Sales Tax ►will be included where applluble. Payment will be..due upon receipt of an invoice. Upon importinto Client production Laserfiche:repository, Client has 3O days to review imported recordsto verify accuracy of migrated electronic -data.. If the Client remains silent regarding their findings.and/or 30 days elapses without notification to MCCi; the Client then deems the migration accurate and acceptable. EXHIBIT "BY' -4 I~-verlenceE.\ceII n le Municipal Code Corporation PO Box:M5 + Tallahassee, Florida 32316 TELEPHONE (800) 342.2633 * FAX (850) 564.7496 Mike Beaudreau, Account Executive®. extension 1754 a mbeaudreau@mccinnovations.cvm January.26_2 0.17 Mr. David Frizzell IT Manager 2905 Blackstock Drive Cumming, GA 30041 Dear Mr. Frizzell: I enjoyed speaking with. you recently regarding our JustF01A Open Records Request Tracking Solution. Pursuant to our discussion, we are pleased to enclose our Professional Services proposal, While reviewing the proposal, please keep in mind the following benefits offered hy)ustFOIA: Built by and for Government Users: The :driving force behind JustF0IA's development was .a large. customer focus. group that. helped MCCi prioritize the solution's feature set, as well as ease. of use. -V Hosted Solution: JustFOIA.is. an affordable hosted solution. The application and associated data is hosted in the same secure data. centers Municode. uses to house da.ta.for several thousand government clients. Unlirnited !kers: No. matter the number of people you have as part of your.process, JustFOIA allows for unlimited users at no additional charge. Unlimited Data: No file size limitations. Improved Citizen.Engagement and Transparency: Online farm, along with automated receipt verification improves the requester experience. Enterprise Capability: JustFOIA.offers options for managing.a specific Department's Open.Records Req uests,.and can also be. expanded to the Enterprise level. 'V' External Archive Options: While.J:ustFOIA is a hosted solution, export options are provided for the purpose of archiving processed records requests to an external data source. If you have any questions concerning our proposal or desire additional information, please do not hesitate to. contact me on aur toll-free number. We appreciate your interest and.hope that we will have the. pleasure of. working with you. sincerely, Mike Beaudreau Account Executive Executive Summary Company History MCCi, a.s.ubsidiary of Municipal Code Corporation (The nation's leading: cod Mer for local government), has been providing Electronic Records Management Solutions to its clients since 1998. With a client base of over 500 government agenciesand satellite offices across the country, we are striving to be the. leading Electronic Records Management provider in the. United States. In 2013, M.M put together a customer focus group and collaborative initiative to develop a better method of recording, tracking, and fulfilling Open. Records Requests. The result was a user-friendly, hosted, and affordable solution: JustFOlA. Proposed solution MCCi is proposing the JustFOIA solution for your organization. JustFOIA is a unified solution that .manages Open Records .Requests, regardless.of location.or media. Please [seep in mind some of the features of JustFOIA: Configurable web -based public portal for request submittal — JustFOIA.provides one common interface for logging Open Records Requests_ Requests can be entered by users that are external to the.organization, or they can be entered by internal users if necessary (if the. requestor chooses not to make the request electronically. Notlfleationupon submission, task assignment, escalation, etc.—JustFOlA includes robust email notification options and is not dependent on any specific email application. ~� Fulfillment status. tracking —Transparency is provided in the process by allowing users to: know the: status of each request. '9�' .Fee management and tracking — Many. requests require charges for labor and materials. JustFOlA aIlows users to enter applicable fees -on a per request basis, and: to track the status of payment throughout the process. Correspondence tracking --Correspondence (Ernails, Phone Ca.11s,letters, etc.) can be linked to each request, so that there is a history of all related internal and external communication. Detailed request history. tracking—J.ustF01A automatically tracks events related to each request, and the history of'each request can be viewed at. anytime. Granular and Enterprise -level reporting — Several preconfigured report types are provided; such. as: Fee. Reports, Bottleneck Reports, Processing Time Reports, Pending Requests, etc.. Y' Tracking of Fulfillment Documents — As part of the final steps in the. process, J*F.O[A.a]lows the. user to upload copies of the specific documents thatwere used to fulfill the request. 'i" Full Text. Search -- Fu11 text search is available from any screen within the application. JusTFOIA STANDARoSavim & PRlCdNCa To: determine which services und.products are included with. your project, please refer to the Pricing. Section below. JustFD1A Population Tier 3: Sok - 70k- Existing Customer Site 5etup,.Up to. 2 Form/Process Configurations; User Setup, Up to 2hou.rs PAYmINT & BILLING TERMS $4,0so MCC! will invoice ane hundred percent (100%) .of the subscription amount upon providing the Client online access to the IustFOlA service. Balance of.total project will be invoiced upon completion: of the proposed professional services. Sales tax will be included where applicable. Payment will be due upon receipt. of an invoice. Client's.aTin uaI subscription renewal date is set based.on thirty. days after .contract is received.. J ustFOIA .I mr)[eme ntatiion Remote Configuration —Configuration. services: are provided. remotely. As part..of the standard configuration services MCQ will Work with the. cllent to configure up to two Records Request intake Form,.15 users, as.:well as the departments, and. security rights. Unless additional form process configu rations. a re purchased additional form/process configurations and: users will be configured by the. client with assistance provided:as needed in accordance with the support terms herein. Remote Tirahiiny—JustFOIA is a. simple and easy to use solution,:therefore all trainingis provided remotely. One remote training session is included with the initial setup. JusrFOIA tICENSIN'6AND FEATUPES-JustFOIA is an Open Records Request Tracki ng Solution. It allows you to record, track, fulfill, and report on therecords request process.. Below are the feature sets.offered: " Unlimited Users — Client has unlimited number of users at no additional costs. Public Facing. Form Site — Online public request form accessible through client's website. Email Notifications.—.status and department updates as well as daily digest and alert notifications. Correspondence:Tracking — Log. and: track email, phone or mail correspondence.. .,K Fee Tracking —Track fees, due dates, and payments, +� On -Premise Archival = Export.capalail(ties for archiving record request data locally. ' Proactive Status Reporting — Dashboard interface allows .for immediate status update. V' Performance Metric Reports --.Measure processing times by request type. Global Reporting — Measure performance for all departments and request types. ';I" Cohfigurable.Intake Form — Client branded intake form that can be configured remotely or locally. Mobile compatible - Compatible.with .mostCel lLila r devices. Payment Portal (Optional.) - For clients that assess fees for fulfilling a public records request,. this feature will allow. your organization to collect online payments from the req uestor. Requestors can view or print the invoice and make partial or whole. payments. This feature.requires.a.n account withi,Auth.orizemet, which is the third party payrnent processor for this integration. Autho rize. n et handles all monetary transactions. and sensitive credit card. data. J ustFOIA. is. a hosted solution and "therefore has no server -side hardware components.. In addition, end-- user access is provided through a web interface, which means no client side software is. required. While. JustFOIA works with many Internet Browsers, .Internet Explorer and Google Chrome are recommended. please pay attention to the following notes.. regarding .browses solutions: Internet Explorer Version Requirement: IE Version 10 or Higher. iCCI UPPORT when you becorne.a client of MCCi, you gain much more than.just a new product. You.gain a relationship between our staff and your organization to make your product implementation successful and the: usage of your product an enjoyable experience.. In order -to make this possible, MCCi.offers both Proactive and Technical Support. PROACTIVE SUPPORT You will have already worked with yaurAccount Executive in the pre -project phase and. they will continue to support you: They will assists in pre implementation processes and. be. a resource for you for questions and answer and be in touch throughout the yearto discuss optimal system €usage and ensure client satisfaction, Tc-'rHwCAA SUPPOR7' Your continued subscription to JustFaiA helps preserve your investment and extend the. benefits: of your original purchase:by providing you access to the assistance needed. You have access to atoll free line to call for technical support or submit. tickets on€ine through.our support center. You receive the following benefits:. 100% upgrade credit for your existing subscription Free software updates for your.current:solution 24-hour FTP and website access which includes the MM Online SupportCenter Technical bulletins'and newsletters MCCi does provide continued technical support for all MM applications. Technical support is provided via email. or telephone during normal .business hours of 8:00 a.m. to 5:00 p.m. Iota€ time.in. the Continental U.S. Clients can designate several individuals who.are to be the technical support contacts. There is. no limit on the.nurn ber of technical support calls that can. be made. Adjustments in annual support rates may be. made to coincide with curreaU.S. inflation -rates. The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date appearing below, unless accepted by the Client. Submitted by: MCCi, a Limited Liability Company [late: January 26, 2017 �7. By: d�� (Signature] (Printed Name & Title) Noted Items Accepted by: MILTON, GA Date: By: (Signature) (Printed Name & Title) 301 MCO, a limited Lia bility Compo r:y and subsidiary of MUNICIPAL CODE. CORPORATION, wh:ch is duh{ orga w;ed'and existing under the laws of the State df NoHda, hereinafter. referred to as MCCL hereby offers the IustFfllA so?ution according.to the fol'owing termsa nd:con ditihns.. JantOlA subsrrlptfon M CCi i5 thea eveioper and hosting provider fo r ihst; OlA. An aCifve 5uhscriptivn.is required to aoceSs the solullon. The of Fetal subscription date Is esta blithed on the date MCCi grants initial access to iustFOIA. Adjustments in annual suiscriptPri rate; may be made to ccincide with current U.S, inflation rates: --any increase will not exceed the cumulative increase in the Consumer . Price I ndex (CF] acctrufng.5! no the Iasi price increa se. Customers may comact MCCJ supeprt via rr1CCJ:5 ❑risme Support Center. email (supportOpxclnn gyatycns.cnmj, Dr telephone 8Efi•942•g46a. Support is availa lila fvlondayFriday fexcl uding major holidays from S:06.a.m.-6.66p.m.EDT, AOOfT€ONALSERVICES -As an additional serviielprod lrct under this contract, MCC and MCCi'W provide the fvllovnng= I Enterprise i crtent f-anagementSg!ut3M (taserflchel• 41CCi offers faserliche Software Etectron is Agenda and Legislat?v'e Management f Legistar). MCCI offers the Granicus l,egis!afvC Management Suite (Leg;Sta r] and related services which provides electronic automn Ilan and creation of Agendas and Minptes. Legistar Is also integrated with Laser ic1:e.. 5ca rinirg and Oig'tal Conversion Bu reit. MCCt.ollers sca nning, indexing a:id integration of hard copy documents, ml_rafj!m/mi2rd0: he, with Laserfiche SpftWare.tp prt ide the Client with • the most powerful index retrieval search engihe avpisafrle. Contract Management Software (Contract Assists MY MCG offers the Contra Et Assistant Software tdeveloped by Rluerldge Sdfiwarej which :s a'solution designed to piovfde Cont ro€ and autamatcon. of the contract me nagement. t:rc cess, while also olfering taserfiehe fdtegration options.. Code Supp lamentation and CodVitazlon Services tMuniCcdnj.. hfu nicipal.Code Corpora Fran offers sup plemrentation of existing Canes; 6cVice tips :of Ordina rices and Recod ifi cat ion of ezislrr:g Codes- Ourapiiunalservtces. include lega l review, republishing, editorial and In de. work and elect[ o nic option&(Ca, I rite r het), •' Utility Kling 5CrviiTs IMurlinllisl, .M,CCAdvantage offers billing, sta[eme Rt and remittance prdte5sing Servlm its an additional henefit under this agreement, MCCAdvantagei a subsidiary or MCC, can provide the client wlth design; pirinOw and mailing senates for cii stomer billing/}tato merits of aR Types. 7h eze services.!so intimi. remittance. paymer5t.opitons, sortwam and other billing Sntution5- AG REEMENT EiRENOEO TO OTHER GOVERNM ENTAL UNNs MCClagrees to Am any other Governrdenr agency to purchase items, at the same terms, conditions and prfdrig as this contract duct ng the period of time that this contra rt is in effect Minor changes in terms and cgriditionsmay he negotiated by MCC and'participating Government agencies. Any.vrders issued ago: 6 s th!5 agreement shat] be the sole reiponsibil tty of the Government agency placing the archer. it is understood that rha Ulent shall Incur no financial responsibility in to nnett;od With any pa rrhase by a nother Government agency, UM rTEO MBILITY In rip event shag MCCi's total Nafzlity to the cllenteftteed the project fees paid is Frlcc by thedico.L Du to the Infentled use of IvstFOlA Wing Focused on "Open Records"Requests, MCO assumes that only public and non;confidentU data will be upioaded to the solution. FORCE MM96VE Neither party shall be liable forapy delay or failure In performance due to cal cn; beyond its reasonable Control. CLIENT FINANCIAL SOLV ENCYtaMKRU PIV MCG may require payment in advance for products and se mices'n response to teaming of financial solvency er bankru ptcy issues, NO HIRE CLAUSE Client and MC0 agree that. dwing the peri nd that this agreerneot is in forte, including elgterisions of modifications thereto, and for An add!ticnal. 11 mcilt hs fallowing this period, neither Client mar. the MCC] will actively retro it Or solicit employees or independent contra ctom ofeithie r:oompeny, or the em ptayees of anY of the other Sulacaritracto rs; who: are Dirt activwpayroll Status and are currently participating in th;5 Prcgram, without the prier wedten approval of the party whose employee or independent contractor Is being considered for emplovment.:This does not prohibit any employee from respa ri ding to or pursuing employment Cpp ortunities' Th rough normal media cha nnels.1.e. newspapers, p rcifessional jo urnals, etc. so tong as It is not related to this particular program and that it.is not an attempt to avold the intent of the ahm a restriction, U, during the term af: or within (121 niboths after She teiminati on of the perform arim period of this agreement, 5tierit. Fires' di rectly, or indirectlycontra ccs with any of MCCI's personnel Fo[ the performance of systems eng'reering and/cr re[Med. services liereu rider, cl ientagrees to pay MCC't225%of the fees paid to, or in favor of such'peison rex For one f'11. year after such personnel separates from service with Mai. TERM€NATION The sefvices provided m this agreem?nt will be in fu I! force and effect Fora period of three. (3) years from the date of shipm'P.. nt of the completed product to the rganitatipn. Thereafter, this 'agreemei t villi be automatically renewed. from year to year, provided that Either party may.a ltet of cancel the terms of this agreement upon sixty 160) days.' written notice, MarketiAg & References Client aerges to agow M.CCi to puhrslr and pub]"rite testimonials and urge study infarmatlon pertalrlirrg m tu1CG'swork with the Client This infonnation, Including the Client's organization name, logo, and contact Information will be useclk a6 media types. MCCI SOFTWARE CONFIGU RATION SERVICES The customer may elect to contract with MC[i to ca.rifigure the softvvwe. The customer is m5porziWe for lestihy ay Cemipleted by MCG. fly. 0ck110W dgiAg the testing req uirement, the dtstomer waives arty and all liabillty to MCCi for any fees; damages, etc, that mood be related to softwarecsinrgtirathms. EXHIBIT "BA" CORPORATE OFFICE Sales Department PD Box .2235.8 Tallahassee, Florida 3 23 16 €800j 342-2633 0 FAX (850) 564-7496 January`26, 2017. Mr. David .Frizzell IT Manager 2905 Blackstock drive Cumming,.GA30041 Dear Mr. Frizzell: 41cal k..g.:crs� �c�lnc�eElF.� ve Municipal .Code Corporation MICHAEL BEAUDREAU Account Executive 3420 Callie Still Road Lawrenceville, GA.30045 [770] 855-9159 e mbeaudreau@mccinnovations.com I enjoyed speaking with you recently regarding:MCUS Laserfiche software and services. Pursuantto our discussion, We are pleased to enclose our Professional Services Proposal. While reviewing the proposal, please. keep in mind the following advantages.of being a MCC! customer: " .Leading Provider —.MCC! is the leading. provider of Laserfiche in the world and the only Platinum VAR. Professionals - MCUs staff is well trained. All of MCCi's professional services team members: acquire and maintain the Laserf€che Gold Certification. In addition, they are background checked and many go through security awareness training as required by each project. Publ Ic.Sector Focus — MCCi was.created by Municipal Code Corporation to focus on.€nnovative technologies for the public sector, MCC€.provides Laserfiche software and services to. public sector entities including Cities, Counties, State Agencies, Specia1.Districts ; School Districts, Law Enforcement. and more. Specialization in Enterprise Solutions:— Our. Project Managers provide implementation and training services to help make your solution an Enterpr€se-wide deployment. 1e work with you on your initial project plan knowl ng that. one day LaserRche will.. be used across the. entire organization. This Methodology helps:you plan to meet this goal in your time frame whether It. be an immediate objective or part of a multi=year plan. Superior Support— MCO utilizes a multi -layered support team geared towards offering each client multiple contacts to enhance -the usage of every product implemented. We offer support through our help desk, email, and toll free nurnber,. and also have. an oni€ne support center that gives end users access to .training manuals, "how to" checklists, trainingvideos,. a knowledge base; and. software updates.. `4"` Robust Resources —Whether it is integration, scanning and €ndexing services, an electronic forms solution, etc., MCO has additional solutions that a re.complinnentary to Laserfiche, while allowing you to work. through one vendor for best of breed. solutions. If you. have any questions concerning our proposal or desire additional information; please do not hesitate. to contact me on our toll-free number. We: appreciate your interest. and.hope that. we will have the pleasure of working with you: .Sincerely, Michael Seaudreau Account Executive it Executive SummarV Company History MCC!, a: subsidiary of Municipal Code .Corporation (The nation's leading codifier for local.government), hasbeen providing Enterprise Content .Management Solutions tolts clients since 1998. In 1998; Municipal Code Corporation (MCC) created a document imaging division, which. subsequently evolved. into MCC! in the summer of 2003. This allowed MCCi to provide its customers with a higher level of service, but still benefit from the.stabiIity and. c.red 1 bility of MCC. With a client base of over. 700 Laserfiche clients. and satellite:offices across the country, we are striving to be the leading Enterprise Content Managementprovider in the United States. MCCi: has been the 01 Laserfiche VAR in the world for the last.8 years and is the only Platinum VAR. Proposed Solution MCCi is proposing the. Laserfiche software for your organization. Laserfiche is a unified solution that manages.all.your organization's documents and records, regardless of location or media. Please keep in mind some of the features of Laserfiche: User Friendly — Laserfiche is very easy to learn, navigate and use. Users will see Laserfiche has a folder tree structure similar to Windows Explorer for easy viewing.and use. This familiarity will give your staff the Confidence to begin scanning and retrieving documents almost immediately after installation making an Enterprise rollout easier: on: you r resources. Comprehensive Security — Laserflche Comprehensive Security allows you to control the security of your documents on. many levels. You. determine what functions, such as scan.ning.and printing, each staff member may use. Secu rity featu res are easy: to administer.and with proper right records managers can administer most security functions without IT staff assistance. Inteppluent Search—.Laserfiche Pets you search your documents..based upon full -text search, index .search, and document and folder name searches. The Laserfiche full -text search.unlocks.the contents of your documents;. if you need to find a word or phrase within a document, the full -text search retrieves. it immediately: An. easy Google -style toolbar is available for searching as well. -F' integration — Laserfiche is the central repository far records in your organization and allows you to integrate other main line of-b.usiness solutions easily. Whether you are looking for way to integrate with a departmental solution, ERP solution, Microsoft product, etc,, Laserfiche has options ava.ilabl.e.. Laserfiche Microsoft integrations Include the ability to archive Office & Outlook documents directly into taserfiche as well as integration with Microsoft SharePoint. E -Forms & Business Process Automation -- Laserfiche allows users to. capture information instantly and automate business processes instead of the traditional methods of using an imaging solution as an .archival tool. Users arelinding efficiencies by reducing the time:processes take and giving users. access to information instantaneously through the implementation of. LaSerflche: Forms and Laserfiche Workflow, resulting in cost savings for the organization. -e' Mobility & Web Tools —Mobile devices are being.used more and more inorganizations.for day to day operations. Laserfiche. has options available to ensure you:.can access Laserfiche :from these devices and perform related actions quickly on the go. There are alsv.options for giving your outside citizens/customers access to records through the web to promote transparency and.decrease records requests. Avcante Features MCC! is recommending the Avante platform for your organization. Avante includes: -�?" Bundled users -- Each user comes bundled with: Workflow for Business Process Automation -"' Snapshot for archiving electronic records Email Plug: in for erria!ling records directiyfrom Laserfiche Options far bundling the foilowingfunctionaIity into user licenses: - Web Access, whlch includes. a thin. client option for users, Web Access.Light for mobile devices & tablets, !Phone & !Pad apps,. and 5harePoint integration. - Audit Trail for monitoring, recording,:.and reportingon system activity. - .Digital Signature:capabilities " Web -based Administrative Console allowing you to administer the system. from anywhere. options for Electronic Forms, Records Management, Batch Processing tools,.lntegrations, a.nd Web Portals. MCC'iAdvantage MCC! is a leading Laserfiche provider focusing on customer service in every aspect of your project. As a client you will receive access to our highly trained staff & support services, including: "-q'- Dedicated Project Management — Our Project Managers are highly trained in the .areas. of implementation, Workflow processes, integrations, and rnore to help your organization implement a well thought out Enterprise system based. on your organiiation's:needs. They are : Laserfiche Gold: Certified and also hold other professional certifications to maintain a. high knowledge level of our cl.lent's business processes. Dedicated Support - once: your. project is complete, you will have access. to our support staff for troubleshooting& supporting your Laserfiche system. ❑ur staff can be%easily reached through email, phone or our online suppor(center. "-Y' Sales & Account Management Teams —You will have a dedicated team. of an Account Executive and Account Manager that you can directly. contact. They will. also proactively contact you to.ensure satisfaction, provide additional information on your products; and conduct web. & regional events on continuing education topics. Training Services Before,.during, and after your project,.we focus on ensuring the users are trained.on thesoftware and stay up to date on the features available. In addition to our Training Services, we offer a. yea rly`subscription to our Online Training Center for Laserfiche to.help protect your Laserfiche investment. This allows all types of users;.regardless of their role, to access videos on popular topics. This information is. updated monthly and will beta. continued resource foryour organization. yt Bacl, File Scanning & Conversion Experience -- In the event you need to address a back file scanning. project or have older data from legacy systems to convert, we have experience in addressing. these and integrating.them Into your.Laserfiche system. We have. converted over 30. different applications and migrated the data to Laserfiche for other clients. occe Laserfiche Ava Cite PRICING PROPOSAL Product Description. Qty. cast Total ECM SOFTWARE INCENSING FOR AVANTE- LF. Records. Management Module 1 0 Avante Server for IVIS: SQL 1. $5,000.00 $5,000.00 Q LF Records Management Module 1 $5,000.00 $6,000.00 0 LF Full Named.User 50 $600.00. $30,000.00 $15.00 Includes Web Access, Snapshot Email, and workflow [ ImportAgent 1 [. Laserfiche Standard Audit Trail 50 $75.00 $3,750.00 @[ import Agent 1 $1,495.00 $1,495.00 Q OCR Scheduler for Laserfiche - Requires one dedicated Loserfiche 1 $1500.00 $1,500.00 $184.00 User License J� LF Workflow 1. Included LF Scanconnect 10 -pack 1 $93.5.00 $915.00 [►� LF Workflow 1 Included Included ECM Software Licensing Total $48,660.00 ELECTRONIC FORMS FOR AVANTE .[l LF Forms .50 $50.00 $2,500.00 LF Forms Portal *Allows Forms Portal to be activated on a Forms. 1. $7,995.00 $7,995.00 server. Multiple licenses are needed if multiple activations are required. Allows form submission only, from. unlicensed (public) and non -authenticated users. Eleetrank Forms Total $10,495.00 WEB TOOLS FOR AVANTE Laserfiche Starter Public Portal 1 $15,000.00 $15,000.00 Includes Weblink and 10 Retrieval Connections Web Tools 7"atal w.*0.00 LASERFICHE INTEGRATION TOOLS ►[� Laserfiche Connector, Per User s0 $25.00 $1)250.00 Integration. Tools Total $1.250.00 ANNUAL SOFTWARE SUPPORT/SUBSCRIPTION - BASK LSAP 41 Avante:Server for M5`SQL 1 $1;000:00 $1,000.00 LF. Records. Management Module 1 $1,200.00 $1,200.00 LF Full Famed User 50 $120.00 $5,000.00 includes Web Access, Snapshot. Email, and Workflow FA Laserfiche Standard Audit Trail 50 $15.00 $750.00 [ ImportAgent 1 $390.00. $390.00 [ OCR Scheduler for Laserfiche -Requires one dedicated.Laserfrche 1 $330.x0 $330.00 User License [►� LF.Scanconriect 10 -pack 1 $184.00 $184.00 J� LF Workflow 1. Included Included. 41 FA LF Forms .50 $10.00 $500.00 [► LF Forms Portal *Allows Forms Portal to be activated on a Forms 1 $11600.00 $100.00 $2,200.00 server. Multiple licenses are needed if multiple activations are *Travel expenses included.. required..Allows form submission only, from unlicensed (public) and Basic Onsite Training of software, per day non -authenticated users.. $2;200.00 $8,800.00 [� Laserfiche Starter Public Portal 1. $3;000:00 $31000.00 Includes Weblink and 10. Retrieval Connections ■1 DayAdmin.Training [� Laserfiche.Connector, Per User 50 $5.00 $250.00 Q Laserfiche Administration Services 1 $4,455.00 $4;455:00 included. Loserflche Administration Services needs are. estimated based on the Q current software . components provided. herein:. up: to 30 hours. 1 $5,0.5.0.00 91 Training Center 50-99 Users 1 $3,920.00 $3,921D.00 R1 MCCi SLA 50-10.0. Laserfiche Users 1 $3,800.00 $3,800.00 Receive 4 hour at less: response time and up to 10% off future Post onsite training, professional service engagements —full SLA document available upon [.� request 1 $17;160.00 $17,160.00 Annual Support Total Lasefche Connector Integration Configuration. & Train ing $27,379.00 $2,500:00 For budgetary purposes, the Client should. include $28,139.20 in annual budgetfar renewal of the Configuration for UP to one application screen with3•standard actions: items quoted above, Please note that if you subscribe to MCCYs AA or Training .Center; additional user licenses may increase the cost of these. items. at the time of your next annual renewal on one machine. Rembre " rrain the.Trainer" training of up. to 4 hours IIfIW PROFESSIONAL SERVICES Initial Product. Discount*Discount is based on this quote and if the x$3,695.25 j quote. changes the discount amount is subject to change: total Project Cost $139,.098.75 All Quotes Expire in 30 Days 51 Business Process .Configuration Services- Filing Workflow 1 $3;300.00 $3,300.00. [; f Records Management Module Training, per day 1 $2,200.00 $2,200.00 *Travel expenses included.. Basic Onsite Training of software, per day 4 $2;200.00 $8,800.00 a3 bays End User Training ■1 DayAdmin.Training Workflow training and installation excluded Travel expenses included. Q LF Forms Training -.Comprehensive 1 $5,0.5.0.00 $6,050.00 Includes remote installation with up. to 2 days onsite training. MCC! will provide remote. -forms configuration assistance for up to 30 days Post onsite training, [.� MCCi Project Management Services,up to 104 hours 1 $17;160.00 $17,160.00 Q Lasefche Connector Integration Configuration. & Train ing $2,500:00 $2,500:00 Configuration for UP to one application screen with3•standard actions: on one machine. Rembre " rrain the.Trainer" training of up. to 4 hours on configuration: Professional Services Total $40,010.00 Initial Product. Discount*Discount is based on this quote and if the x$3,695.25 j quote. changes the discount amount is subject to change: total Project Cost $139,.098.75 All Quotes Expire in 30 Days 51 PAY M ENT & BILLINGTERms MCCi will invoice one hundred percent -(100%) of the software and support upon dellverV of software. If services are included, the bal.an.ce&the total project .wilI be invoiced upon.completion of theproposed profession al. services, which may be broken up based on the completion date of specific services. Sales tali will be included where applicable. Payment will be due upon receipt of an invoice. Laserfiche software and help files are provided electronically: If hard copy manuals or software is:desired; there is a $50 additional charge. These will need to be requested. 61 CCI STANDARD SERVICES To determine which services and products are included.with your project, please refer to the Pricing Proposal above. MCCi prides.itself In provid'ing.high quality professional services and.support. Providing the most. advanced level -of tech support via the web,. a -mail and phone, you can rest .assured that MCC! will provide you with profession installation, training and support services. our clients Can rely on us to provide a continual flow of Information through our technical.bullet[ns and newsletters. MCC1. PROJECT- MANAGI51AENT SERVICES MCC! Project Managers are Laserfiche Certified- There:are multiple Laserfiche Certifications:and MCC! focuses on maintaining all of them. MCCi Project.Managers administer these services and concentrate on defining business requirements and:the deliverables that follow. The MCCi.Project Manager will work with the client's point of contact to put together a project plan that clea rly.defines. the scope of services.of the Pro'ect Management:sery ces. These services are.inclucied to:ensure.the. Client: [s prepared. for the final project implementation.. Implementation Client Consultation - The assigned M. CC! Project: Manager will perform. a. remote pre.-instai.lation solution development plan including configuration of security:rules for the Client prior to installation and train.! ng. This. consultation will include a review of current document organization and retrieval practices to determine des[red indexing methods, as well as other basic system set up needs. Once this Information has been gathered and provided to the MCG project manager, the. basic folder structure, document naming scheme,: scheme,and template set-up will.be configured pria.rto onsite training. Reroute Installation and Configuration — Software installation and configuration may occur remotely as part: of the..Project Management services to ensure the onsite time purchased is focused on the direct objective. Please refer to the pricing proposa[.to determine if the onsite time will include installation and configuration. Remote Training —Project Management services maybe utilized for training administrators or users remotely if not providing onsite tmining.. Please refer to the pricing proposal to determine the training model quoted. I,.A5ERFICHE BASE SaFn vARE TRAIre ING SERVICES The client is provided with.either instructor -led hands. -on training or train -the -trainer training in the. .operation of the Laserfiche Software and Plug -Ins, and the scope of all train! ng services to be performed is notated: in the. Pricing Proposal. These services will be provided onsite or remote, please refer to the Pricing Proposal to determine which has been quoted. Below are some sample: outlinesbased on user - roles. and system modules: System Administration Training a Cl lent and Server Installation Procedure ,z, Users and. Groups -- Active Directory 91 Security Templates Tags Document. Relationships Records Management Volumes 71 5ystern Settings +� Back Up Procedures Troubleshooting. Procedu res Technical Support. Overview Full User Training ® Introduction to Laserfiche: • Folders and the Folder Browser Scanning and Importing * OCR and Full Text. Indexing * Document: Display Index Card/Templates * Document Retrieval by Index Fields or Text (Searching) e Annotations Extracting a Document from Laserfiche * Briefcasing and Migrating Documents * Customin Laserfiche Volumes Security w Advanced Features — Plug -ins CC1 AiDVA1VCED ImPLEFO NTAT10N SER V10ES The following services listed have been included in your Pricing. Proposal based on the recommendation of your Account Executive. Please consult with them. for any questions. To. determine which services acrd products are includM ivith your.project,. please refer to the Pricing Proposal above. RECORDS IMANAGEroENT M.ODL!LE TRAINING *Please note that client should have. fuII knowledge of internal records management .policies and have prior experience in records management. This tra1nins will be quoted for clients with the Records Management functionality of Laserfiche. Please refer.to..your Pricing Proposal to determine if this is included.. 6 Record Series * Record Folders. * Document Links Versioning 4 Security Tags c Vital records a Cutoff criteria P Cutoff eligibility ® Retention. Period Q Disposition Actions Q Wold Period Time Dispositions: Event Dispositions interim Transfers Final Disposition a Destruction �. Permanent Records Accession .f=reezing Admin Console Setup for Records. Management Cycle Definitions:Setup 0 .Locations Setup Retention Schedules Setup Cutoff Instructions. Setup BUSINESS PROCESS CONFIGURATION SERVICES Business Process Configuration Services are designed as an option for organizations that require advanced:system configuration but may lack the time or expertise necessary to configure -Workflow, Quickfields; or any of LaserFiche's other advanced modules. MCCi's team of expert Project. Managers and System Engineers.wil.l work in concert with the client's Project Manager.to build a Business Process in the client's.Laserfiche environment. Client Deliverables Provide MCCi With.a mapped out narrative and flowchart of the specified business process Thoroughlydefine. ea ch resource and .activity 1n1he business. process, including any exceptions Respond in. a timely fashion to questions posed by MCCi'.s Business Process Configuration team Appointment of.client Project Manager Availability of rr.resources as needed * Availability of end users for interviews. and Business Process testing Required Laserfiche software licensing MCC! Deliverables * Install and configure Laserfiche modules that are relevant.to the implementation m Consultation with a. Laserfiche Project Manager Business Process Configuration Managed Services post implementation - The scope: of Managed Services will be limited to supporting:the process(es).implemente.d through this contract Roll-out Assistance -This is an optional service, which is provided if included in the: scope of services. Note that this service Will be billed separately and is billed upon completion.. LAsERFICHE FORMS SERVICES MCCi's Laserfiche Forms. Services are designed to be highly collaborative.. The goal is to provide a customized. package for your organization. Whether you need.direct assistance implementing laserfiche: Forms, or hands-orrtraining to.empower your organization to. create and maintain electronic forms, Ar both, MCCi has options available.. Please see.your Pricing :Proposal for the specific Laserfiche Forms Services quoted. Forms Training.Services Provided Basic Overview Comprehensive Training Duration Up to 1 Day Onsite Up to 2. Days onsite Forms besigner Yes Yes Process Modeler Yes. Yes 91 Workflow Configuration (For Forms Process Modeler No Yes Integration, and Filing Only) .Forms Configuration (Up to.1- Level 1 Form) 0 A Forms Configuration Services Per Form Level 1 Level 2 Level 3 Forms Design Services (Create view form or modify form from the Business Process Library 10.1+) Up to 15 Fields Up:to 30 Fields Up to 50 Fields Form Field and Data Look -up Rules* Up 10 Rules Up to 20 Rules Up to 40 Rules Process Modeler Configuration Up to 5 Steps Up to 10 Steps Up to 20 Steps Workflow Configuration (For Forms Process. Modeler Integration, and Filing Only) No Yes yes Custom Scripting (!Script or CSS)* Call for Quote I Call for Quote I Call for quote *Please note: - Users:submitting through the Farms Portal are limitedto.forms submission. Users'cannot participate in the Workflow/routing process within Laserfiche. Forms Process Modeler or Laserfiche Workflow, unless they have a Laserfiche Named User License. All Forms Configuration Services are conducted remotely due to multiple.decision points throughout .the configuration, which may cause. delays. - Field Cook -ups: Database. Views and Queries must. exist or be created by the customer prior to.MCCi database: lookup configuration. - lava Script and CSS Scripting (if needed) are not included; unless otherwise notated in. the pricing section of the Pricing Proposal. LASERFICHE CONNECTOR INTEGRATION CONFIGURATION & TRAINING includes: e. Configuration of integration for up to one application screen with 3 standard. actions on one machine. e Standard Actions Included: Scan; Import, :Search Client; Search Weblink; .and/or Search WebAccess., launching from the desired application to Laserfiche * Remote "Train the Trainer" training for up.to half a business day to ern power the client to Configure other integrations * All data. used for.configuration must be available from the Application Screens * All services are conducted remotely, unless an. MCO representative is onsite for other implementation needs and onsite time permits. Client Deliverables. Application to be integrated with and .user's machine must meet Laserfiche Connector requirements set forth in the Hardware Requirements ® Testing —A test utility to ensure that the application. screen is viable is available priorto purchase. Client is responsible for ensuring compatibility of applications prior to purchase. * IT resources - Appointment of Laserfiche Connector Administrator * Laserfiche metadata requirements 101 MCCi Deliverables * Install and integrate Laserfiche connector within current Laserfiche system environment pursuant.to the Laserfiche.Connector requirements. * Assistance in configuring integration for one application screen with 3 standard action Connector Profiles Define Laserfiche metadata structure to support the specified.integration Define Laserfiche. security to support the integration Project Management services �. Remote. Laserfiche.Connector.AdministratorTraining ill SOFTWARE DEscR.fP'I`ioNs L, ERFicHEepiv,4NTE La.serfiche.Avante sol utio.n is a named user model and starts.out with a. feature rich system that is based on the number of people who will be using the system. It is designed for small to mid-size organizations and helps you capture, manage, distribute, and work with information in diverse working environments. Avante comes With Laserfiche Workflow and allows your organization to.move beyond simple document routing to automate everyday tasks, Optimize business processes, and share information with a Wide variety of applications. Avante systems allow you to choose. from multiple database platforms and, incrementally expand the systemwith records management edition and other plug -ins such as.Auditing, Web Access, Digital..Signatures, and Batch Processing.. The Laserfiche.Avante pricing structure snakes it simple and affordable to add new features and fu nctionality to your Laserfiche system as your needs change. LASER ICHE RIO. MCCi recommends the Laserfiche RIO solution for Enterprise clients -that have a large volume of users, as well as the need for test environments and multiple servers/repositories: RIO and each RIO license comes coupled with Workflow,.Web Access, Mobile Access, Snapshot, Email, Digital Signatures, and Advanced. Audit Trail.. This licensing structure makes. it much easier on IT. administration, especially when dealing with a large. user base...In addition, RIO supports an unlimited number of application servers,.as well as repositories, making.it. well suited:for expansion and testing needs. RIO. can connect either to.MSSQL:or Oracle for the backend database, and of course many of the same optional Laserfich.e modules such as the Records Management, Batch Processing and.Weblink Public Portal licenses are available with R10. WERFIcHESoF•tnn4.?AkE FEATURES AND LwEAl swa 121 Feature lAvante I Rio lComments IDatabose 'options SQL Express, SQL, Oracle SQL, Oracle j 'Ret ver' a! i :Concurrent I Public Portal Public Portal Users (Weblink) I l(Weblink ) �ry Includes. Workflow,. Email and Snapshot for Avante; Full Named Unlimited 25 Unlimited Includes Wo.rkfllow, Emall, Snapshot,: Digital. Users Signatures; Web Access and Advanced.AudItTrail. for Rid. (Retrieval Named ;Users n/a NO. Unlimited Includes Email capability. Minimum of 200 must be purchased. iApplication Servers 1 Unlimited User License: INamed iNamed — T Model € Avante.:: Up to 14 additional. (fora total of 15) Up 15 per Repositories can be added at an additional cost. Repositories I Application Server RIO: Each Application Server can have up to 15 Repositories attached. RIO allows for an unlimited number of Application Servers. 121 OFTWARF DESCRIPTION'S 131 (Workflow llncluded Included snapshot jlncluded _ lincluded Emo_ Included Included ' Add -oh option As of T €.WebAccess Thin f1_1-2016 included in I (client. access for all new user -license Included ;named. users] purchases € Mobile Access I Requires WebAccess included �Sigrlatures Add-on. option Included iA.udit..Trail.I Add-on option (Optionsfor Starter; includes Advanced,-� s !Standard, Advanced) Audit Trail 1LF Connector Add-on option Add-on option Avante Public Portal: The 5 concurrent license I Weblink Public Portal Weblink Public only allows for one security profile to be set. license package Portal license Unlimited versions are licensed per Laserfiche ;Public Portal options (5,ifl, 25, 5Q, package options {50, application server, and per processor: The (Weblink) Unlimited Single Unlimited Single licensed number of processors must..be equal to or �pptlons Processor, Unlimited Processor, Unlimited greater than the number of pracessors.(EPUs) on [ Dual Processor, Dual Processor, the correlating Laserfiche application.server.. Note: I Unlimited Multi: Unlimited. Multi Additional copies of the Onlimited Public Portal are Processor) Processor) needed if there.is:a need to connect the Public I Portal to more than I Application Server. Records mm I Monagernent Add-❑n.opfion Add-on option Laserfiche � Versions: �Lf 8.1.and later Lf 8.0:1 and Eater Web Admin Included Included Console The Laserfiche Forms User is a required add-on to all Laserfiche. Ful I :Named User licenses, and is a pre -requisite to all other Forms licensing options. This add-on will. give the current Laserfiche Full Laserfiche.Farnas Add Named Users full access (submission, process Users -ono tion p Add-on ❑ tion P 1nvolyement,.and approva1.ri rights) to Laserfiche g } Forms Server. The Laserfiche Forms.5erve.r can be f € € installed multiple times, however, in. Avante each I instance can only be associated with one s, Laserfiche Repository. €Laserfiche Laserfiche Farms Users Iicensingis.a prerequisite Forms Add -ono #ion P Add-on o tion p to being able to. purchase Forms Portal licensing. Portal The. Forms Portal license allows Form submission 1 from unlicensed (public) users. Forms Porta] was 131 .SO FTrAAE. DESSMPTIONS f also designed 'primarily for non-internal/public I user submissions, therefore there is no Windows Authentication security validation provided. The users.that access>Forms.through the Farms Parta.l j can only submit forms ithese users cannot participate in the business process after a form has j been submitted). The Forms Portal is licensed to. a specific Forms instance/server, rather than to the: Laserfiche Application Server: Please notelhat if an organization desires to h.a.ve a f=orms Portal for Internal users, as well as a. Forms Portal for external. users, an.d. security protocol requires that I these two Forms Portals reside on separate servers (one Internal one external), multiple Forms Portal. licenses are required. i The Enterprise Forms Portal License is W i recommended for Laserf 1che Rio Customers that j I have multiple Laserfiche Application Servers, as iLirseifiche well. as for Laserfiche Avante (Avante only allows I for one Laserfiche Application Sewer), but require Pterprise Forms jAdd-monoption Add-onoption more than two Forms. Portal licenses [see Forms IPoitai 3 Portal description above]. Enterprise Forms Portal is; indeed, u.niimited.PortaIs. Instead of.aIIocating I one or more Forms Servers as Portals, they jail are i automatically..Forms Portals, Laserfi.che Forms Users licensing is.a prerequisite to being able.to purchase Forms Authenticated Participant licensing. Forms Authenticated Participant licenses allow Non-Laserfiche: Users to participate in Laserfiche.Forms Process Modeler Business Processes, and allow for secure authentication .when interacting with Laserfiche Laseche. Forms. Forms Authenticated Participant licensing. Authenticated Add -an option Add-on option is recommended for all internal users that require. intend in i Participants. authentication :and/or to participate more than just the Forms submission process,. and for:those Users that do nathave Laserflch6 Full Named User:licensing, but have a need to authenticate and participate in Laserfiche Forms 130siness Processes. A Forms Authenticated I Participant license is required for each Forms i Server that the user needs to submit to. Upgriade Path. Rio n/a 141 SOFTWARE DF-9CRIPTI NS LASERF)CHE FEArum & Montes Laserfiche offers a selection. of modules and development tools designed to.let:you tailor Laserfiche to meet your needs. Certain Piug-Ins may be bundled.differently based on the Laserfiche platform. Please refer to the pricing pagejpricing.proposal to .determine Which modules have been proposed, The following are features available in the user license, based. o.n.your system configuration and licensing platform. Laserfiche Snapshot"", Laserfiche Snapshot is included with both.Ava.nte and Rid Full Named User Licenses, and can generate. images and text from an electronic file (e.g. a Word document, a web page, a text editor, etc.). The f1les.generated by Laserfiche Snapshot capture the content of. the electronic file at the time that it was processed. In other words; they represent an accurate portrayal of an electronic: file ata given. point in time. The.images and text created from an electronic file are then stored in.a Laserfiche.repository. As you can see, Laserfiche .5napshot can be used. as a tool to archive a particular version of an electronic file. Laserfiche Snapshot can process any electron icfile that can be. opened with a Windows application thathas printing capablI[ties. This. feature is automatically included. with every Full User purchase: Laserfiche WebAccess: Laserflche Web Access is a Web browser -based thin client offering Virtually all of the document.management capabilities of the standard Laserfiche interface: Web Access allows. your IT staff toroll out high-volume Laserfiche access without increasing your organ ization's.application. support burden. Authorized users, organization -wide, enjoy simultaneous access to documents, whether they are using the corporate intranet or logging 'in from a branch office. In addition; access to Laserfiche Mobile and the Laserfiche: Sha repoint Integration resources;: is made through Laserfiche WebAccess. o Web Access Light: Designed for Blackberry,. Chrome, Opera and Safari mobile browsers, offers.a lightweight Web interface for papular.mabile..devices,.enabling users to search and retrieve documents; as well as approve documents and participate in workflow automation processes, while. away from their desktop :com puters.. ffi I' aserfiche Shareftint integration: Thelaserfiche and SharePo..int. integration (LfSPI) is built. on the power of Laserfiche Web Access (Therefore Web Access is required for the Laserflche:SharePoint Integration), a 5ection.508-co.mpliantthin cllent that reduces installation, support and maintenance requirements. The integration requires an on premise Installation of5harePoint. Laserfiche Mobile. Laserfch:e Mobile lets. organizations access the features of the Laserfiche Client through a smartpho.ne or table. They can remotely capture documents, images; and other content; edit mobile -ca ptureimages, search for documents, interact with Laserfiche forms and start/participate in a business process. Mobile is available for !Phone, Wad, Windows Phone; and Android devices. Laserfiche Web Access or Laserfiche Forms is required for any/all mobile access options: Laserfiche E-mail Plug-in"'' allows instant electronic document distribution via standard MAPI-compliant e=mall applications. This feature is automatically included 1 mevery Full User -and Retrieval User I!cense purchase. Laserfiche Vuroritflowe Enables organizations to automate standard, collaborative business processes, such.as approvals or routing based. on conditions. The software transforms your static Laserfiche repository into a dynamic content managernent.solution thatensures your business processes are. Is l SOFTWARE DESCRIPTIONS performed consistently.;and efficiently. Additionally, Workflow can be used for database integrations;. and to. improve consistency with how records. are filed in Laserfiche. Laserfiche Digital Signatures, Laserfiche allows users to sign briefcases when exporting as well as documents stored in Laserfiche. These are two separate applications of digital signatures. Signing a briefcase file embeds the signature in the file along. with. the certificate. associated with the signing -key. the fu11 certificate chain is embedded. This allows users to prove who created the briefcase and that the briefcase was not tampered with. Digitally signed briefcases may, but do not necessarily contain digitally signed documents. Digital signatures.can be applied to documentsstored in Laserfiche. The digital signatures are stored as metadata and are preserved when exporting a document in a volume or briefcase (Whether or.not the briefcase was itself signed). Users:can digitally sign a document in the Laserfiche Client or Web Accessto indicate their approval. .Documents can also be countersigned by another user,.which.indicates:approval of the document and the:existing.signature. Multiple signatures and countersignatures can be applied to a single document. Digital signatures are:validated with signing.certificates onthe..server and the repository, which verifies that a signature. on a document is trustworthy. A.signature becomes invalid if the certificate is..expired or if a document has been modified since..the signature was applied- .5ignature:certificates are managed through the Laserfiche Administration Console or Web. Administration Console. As a pre -requisite, the.organization must. have Digital. Certificates set-up on the network,.prior.to implementing Laserfiche Digital Signatures. Laserfiche Audit Trail Modules: Three levels of audit reporting to address your specific regulatory compliance and security needs. The :Starter Edition tracks basic events that occur in the repository and that involve accessing, modifying or: exporting data, Basic events include creating, editing, print! ng.or deleting documents, creating annotations, and assigning metadata. a The 5tandardEdifion builds on the Starter Edition by tracking additional security= and access -related events. This edition can also track unsu.ccessful.attempts to perform an action, such.as;failed atternpts to access or print documents: The Advanced Edition meets the needs of organizations in the most highly regulated .environments. It includes allthe functionality of. the other two editions, and also tracks many more events including password changes, the creation or modification of users and groups, and changes to repository -wide settings. It can also track all the searches users perform, require users to enter reasons for .perform ing:certain. actions, and automatically add watermarks to printed documents. Electronic Forms Laserfiche Forms allows. organizations to. create Web. forms. for collection and processing information electronically. Laserfiche Forms has flexible design options to meet your organization's needs. You.can: Create custom forms from a library of field. or selection elements.. Apply preset or custom themes, 1 ncl ud ing.page logo, colors; buttons; fonis,.and more. .Configure form elements to dynamically be displayed or hidden depending on user inputs or to be populated with data from external data. sources. Automate.b.usiness processes. for form data to follow; sucK as decision-making, emaHing, or approvals. - Create custom form layouts and dynamic behaviors with CSS and JavaScrlpt. 161 SopT63 Apm DFsCRiPTtG1Ys Role -based security is included to allow and restrict. -access to necessary.functions. for farm submitters, reviewers,. approvers, form creators;and system administrators. AD Reporting tools allow different views: of details on submitted.forms such as: User view of deta[is about all submitted farms. - Approver "dashboard" of submissions awaiting approval. - Ad m 1 nistrator Views of'aII submissions by form and approval status. Forms can be used internally or externally (with the appropriate licensing). Publication options include login to forms system, public URL, secure URL, or embedded into:a Web pager Submitted data can be exported for further analysis or distribution. Submitted forms can be utilized to initiate an. email notification `Qr start a .workflow rule within Laserfiche. Business process library includes (10.1+) a digital library of prebuilt form templates designed for easier process automation deployment. Modules Laserfiche ScanConnect"": allows ISIS scanning. A collection of ISIS scanner drivers is included with Laserfiche ScanConnect. These drivers allow images to be scanned through supported scanners. ScanConnect.can be purchased as an add-on to both Laserfiche .scanning and Quick Fields. Laserfiche..import.Agent: Import Agent is a tool.for automatically .retrieving files stored in a Windows folder and importing.them into a Laserfiche repository. The Windows folder can be.locaI to the Import Agent machine .or stored on a network drive. During the import process, Import Agent can process the files (e.g., perform OCR), use XM.L data as part of the process, and perform additional tasks. OCR Scheduler for Laserfiche: MCC! developed this tool.. It provides.a simple and effective way to mass OCR documents in Laserfiche. It allows administrators to configure multiple OCR sessions. Sessions are created based on selecting folders -within a specific Laser -fiche Repository and scheduling: the time to begin the OCR process.. Benefits: Efficiency., Clients can schedule the tool to perform the OCR function, rather than tie up machines during.the normal working rhythm. SupportlSearch Content. Leaving the responsibility in users' hands to -conduct OCR can lead to incomplete processing. The tool provides assurance that everything in need of OCR is being addressedwithout end user interaction. "'Quick Fields" (QF) Batch Processing Tools: Quick Fields is.a suite of Batch Processing utilities created by Laserfiche. Avante. and RI 0. bundle each of these features differently, which is reflected in the Pricing Proposal section: Laserfiche'3 Quick Fields'"' automatically capturesuseful information from paper and electronic documentsand.organ lzes.it for fast retrieval.. Quick Fields transforms data capture from a costly and labor-intensive operation into an efficient process by collect! ng precise pieces -of information from the masses of unstructured data flowing into your organization. Quick Fields improves the speed and accuracy of data capture while giving authorized staff instant. access to. the information they need'to work.effectiveIV. n OF Bar Code Validation Package: The Bar Code add-on reads bar codes on. a .specified page in -the document. The value returned by the bar .code process can be used to identify a page, populate a field,.dete.rmine the document name,. or determine where the document will be stored. Bar Code is 1.71 very powerful when combined with Real Time Lookup. Supported barcode formats- Codabar,..CODE 39, CODE 128, EAN.8,.EAN 13, Interleaved.2:of 5, UPCA, and UPCE. a OF Real-time Lookup Validation Package. Lookup populates template fields and validates metadata byretrieving. data. stored in third -party databases and other applications. 9 QF Zone OCR Validation Package. -Images that contain clearlyprinted or typed information can be converted to text files through a process called OCR (Optical Character Recognitian). Once text has been extracted from an image, it can be sent along.with the image to the repository. Once the document has beer imported into the repository, the extracted text Will be associated With the corresponding image in the document. The International zone OCR add-on will scan. a. zone on an image.fortext. Only textfound within the zone will be extracted. The data returnedby this process can be. used to identify a page, populate a field, determine the document name, or determine where the document will be stored. The International Zone OCR,add-on can be installed when Quick. Fields is first installed or after it has already been installed. a OF FormsAllgnmenr: a utomatical ly:repositions scanned documents to match amaster form, correcting for sea nning.errors. and improving data.extraction.. OF Document C'ltassificaztiom designed for clients who deal with multiple forms, and will recognize and: processmultiple document types. OF Auto .StamplRedu iionl6 aces Numbering. The Bates stamp option -is a.:document a uto- nu m bering: a nn otatio n option OF Opticat Mark Recaayn[tion, detects handwritten information, including marks on surveys; tests and ballots. QF Agent., enables administrators to schedule forms processing around the clock and run. CW ick Fields sessions without operator intervention,. reducing labor costs and optimizing business processes. ® OF Forms Identification. automatically recognizes the form or document based. on its overall structure,. even in the absence of bar codes, form data or other distinguishing information. OF Forms Extractor: removes form outlines .to isolate data for more accurate capture. OF Scripting Wt. Offers a script editor, Which allows developers to. write C# and VB. Net Scripts, and insert the scripts into a quick Fields Session.. Laserfiche Public Portal _ Webl.].nk m, The.WebLink module publishes select documents.in a Laserfiche repository to an intranet or the internet in read-only form. Documents can :be made available through the Web almost instantly, and users need only an. Internet browser in order to access them. Built on ASP .NET, WebLink can be.customized to match the look and feel of an organization's Internet or intranet site. Laserfiche Plus's Laserfiche P.lus allows the information stored in a Laserfiche repository to be portable:. Laserfiche documents published by Laserfiche. Plus can be viewed by anybody, regardless of whether they have Laserfiche installed: If these portable Laserfiche documents are sent to a company or site that already has Laserfiche installed, then that organization can also choose to attach those documents to their repository. This. software prepares a copy of the Laserfiche files (images, text,electronic files, annotations, templates and field data) for burn! ngdirectly.to your removable media or to a temporary. directory. Choosing to publish to a temporary directory allows you.to Write it to:your removable media at your convenience. Integration Tools LF Integrators Toolkit (SDKI - Provides. the; tools & documentation necessary for customizing. Laserfiche, and integrating Laserfiche with other applications. 181 .SE>F7"4'4'A EDESCRIPTIONS Laserfiche Connector. -� Laserfiche: Connector provides a streamlined experience for integrating Laserfiche with Iine.of business applications such as CRM and ERP. systems: Laserfiche Connector integrates easily through user -defined hotkeys and embed ded'icons. Laserfiche Connector allows: & Searching the Laserfiche repository based: on fields from third -party applications such as CRM and ERP. systems. Both basic an.dadvanced searching is supported. If only one result is found, the document will automatically open in the Laserfiche Client; Laserfiche Web. Access or Laserfichie WebUnk. W Launching Laserfiche Scanning and: autbrnatically popul.atintmetadata:for the scanned documents.with information from a third -party application. Importing. a document and automatically populatingmetadata for the imported documents with information from a third -party application. Connecting two.applications by allowing one of them.to start the other (including the ability to pass parameters between them). Choosing whether any of the above actions are activated from a. keyboard shortcut, a button embedded in .the application'stitle bar, or both. RatchetXintegration = RatchetX.. is a configurable and robust.middleware integration tool for Laserfiche. With a single click of a.b.utton,new documents can -be added to Laserfiche from another application, and users ca.n'search Laserfiche directly from the applications they:use most.: RatchetXis unique in regards to the robust toolset it provides for accessing data from otherapplications (even the toughest proprietary systems.), for use configuringthe most common ECM integrations: Indexing, importinglscanning,.and executing search queries.. In addition, RatchetX provides the. capabilityto create custom integration activities; such as populating a record in another system from the data extracted. during the intake process in Laserfiche, or looking up a record in another system from the Laserficlie 1nterface.it5elf:(e1-directional Integration). LF Integrator. GP LF Integrator.empowers Great Plains users. toscan, search and Iink supporting documents in Laserfiche document management applications directlyrorn the Great Plains menu bar. Link. the document and. workflow management powerof Laserfiche with your current Great Plains implementation. LF Integrator AutoCAD — LF Integrator for AutoCAD aHowsyou to store AutoCAD.drawing files or associateddocuments in Laserfiche, including embedded cross reference files, directly from the.. AutoCAD menu. Launch Laserfiche scan or search modules using the drawing file for template or search: criteria; or create a Laserfiche document template using the fields from any -AutoCAD drawing title block With. a: single click. GeaDacs. GeoDocs`is a web -based software.that seamlessly integrates ES RI ArcGIS. Server and. Laserfiche: Utilizing robust search capabilities, users of GeoDocs.can access digital documents stored in a Laserfiche repository from within the web -based GIS program. and vice versa, access spatial information stored in'a GIS from within the Laserfiche web client. LT Systems Laserfiche Integration — LT Systems Laserf!the Integration allows: users of the LT Systems Court .solutions to archive court related documents into.Laserfiche. Users can launch Laserfiche scan or searching windows from LT Systems.and bring data and documentsdirectly into Laserfiche while captu ring: metadeta in LT Systems. Additionally,there is an automated service that archives Warrants as single documents with the associated. metadata, directly from LT systems to Laserfiche. Laserfiche Integration with DocuSign- The Laserfiche Integration with DocuSign. enables users: to initiate a signing.process from within Laserfiche Web Access. Users .may select the type of signing process they are initiating and attach documents that need to be a. part of that process. Also, once the sighing process completes, documents are imported back into the Laserfiche. Repository from. DocuSign as new versions 191 of the un -signed document. Information captured during.the signing process may bemapped to Laserfiche metadata fields. Laserfiche integration with MOM- Laserfiche's integration with SIG NIX will enable customers to sign documents online with SIGNiX directly from within the Laserfiche.Client or Web Access. Users may select one or more PD Fs to send in:a. single transaction, then documents are sent oder to SIGNN where customers follow the user friendly SIG NiX UI ta complete the signature process. When the.signing process is completed or cancelled, documents are imparted back into the. Laserfiche Repository from SIG NIX as new versions of the unsigned document. Administrators can set up certain fields to be automatically filled..when a document.is signed. ZU 1 When you become a client of MCO, you gain much more than.just anew.product. You.gain a relationship between our staff .and your organization to make your product implementation successful and the usage of your product an enjoyable. experience. In order to make this possible, MCCI offers both Proactive anis Technical support. PROACTIVE SUPPORT MCC! assigns .each.accountwith a Regional Account Executive and an internal Account Manager Team. You will have already worked with your Account. Executive 1n the pre -project phase and they will continue to support you. Your Account Executive will provide a local presence and contact information should. local meetings be'necessary. Thie Account Executive also assists.ih pre im.plementatlon processes. Your Account Manager will assist: in. managing ongoing support through the life of the product.. MCC!. believes in. a:proactive.support:methodologji and it is th6 Account. Manager's. role to insure this ongoing communication with clients.. Your Account Manager will be in touch throughout:the:yearto discuss optimal system usage and ensure client satisfaction. ltems..d.iscussed may include, but.are not limited M o Identify any needs that could easily be addressed:.withi the current system:. Provide resource for question and answer; best practices, how other customers are using the system with use of documented case studies, support center,.etc. Provide continued education for existing and new users within the organization through the use of webinars, sem inars,.workshops, users group, and -more. Annual review of current system .configuration Dedicated sales support staff for pricing inquiries and budgetary information m Annual support renewal notification to ensure your: renewal process.is timely and accurate Educatac nal Resource Definitions Case'Studies — MCCi works with our clients to put together narrative accounts of specific usages of MCC! solutions in their organization. Specific departments, document types, integrations, etc. are noted to allow other users to learn from the information. Support Center -This resource is a compilation of white papers; Crest practices, and information for system users all in one location. Through the support center, users can also submit and. check the status of their support tickets. m Webinors - IVlCCi conducts monthly webinars. on.different. topics promoting more efficient system usage. User webinars are also offered on more specific topics related to products, concepts, departments, etc. regarding the usage of your system. These are done through the web and are a convenient way of staying. informed on the .newest technologies avallable_ Seminars— MCC! conducts seminars on different topics to help educate new and. existing end users throughout the year. They.are usually located at a host site of an exlsting.customer. These can also be offered at current client's locations to invite departments to learn more regarding their current system. User Groups — MCC! offers annual user gro.ups.to keep end. users trained on.the newest versions and products. These are geared to both users and administrators of the system. zrl TF,cH,iEcAL supeoRT . TECHNICAL SUPPORT The Laserfiche Software Assurance Plan, (LSAP) helps preserve your investment and extend the benefits of your original purchase by prov.iding.yo.u. access to the assistance needed to ensu re. .that you maximize system .uptime. You have. access to a toll free line to tail for technicaI support or submit tickets online through our support center. When you subscribe to the LSAP you receive the following benefits: Ist.Tier Support from MCQ to resolve Laserfiche software errors 100% upgrade credit for your existing software (in the event of:a platform upgrade) ffi 24 hour FTl' and Laserfiche support website for downloading free Laserfiche. software updates Technical bulletins and newsletters 221 PROFE,SSIFONAL SEMICES & SUBSCRIPMN, A.'vivUAL PACKAGES PROFESSIONAL SERVICES fit" SUBSCRIPTIONANNUAL PACKAGES To determine which services subscriptions are included with your project, please refer to the Pricing Proposal above. TRAiNuve CEAfTE'R MCO's Training Center provides an easy, cost-effective.way to provide Laserfiche training to. all.Users in your organization. An annual Subscription allows access to our online course offering. of over 325 training videos. The Training Center is home to video categories such:as Laserfiche Administration, Laserfiche Client, Workflow, and Tips & Tricks. All videos use instructor descriptions from Laserfiche Certified Professionals. The Training Center provides the following benefits: * 2417 access. to on -demand Laserfiche training videos and other resources o Reduction in training expenses 0 Caters. to. all skill levels from Basic Users to Advanced System. Administrators e Unlimited access :for your entire organization User determined. schedule and pacing Reduction in internal support Increased efficiency through 1mproved.internaI usage adoption Instant budgeted training available in the case of employee turnover Enhance your organization's internal LaserFiche'trainirig program Increased user productivity Training on newest Laserfiche versions as they are released p Easy and consistent way. to introduce your staff to the software MCCi Managed Services or MCQ LaSerfiche Administration Services are strongly encouraged to be included with every.supportr•ene.wai. 'r dA., y 3 :1 .F} �• { �. y 3.y.rF U'i� '{ �.�-., .�u[7 �r.F r {Nr�-�i- 21• lj'<^;g' r { -�- y ' .7 � }}�/'"-' i Y�' %7 i �:,.. {• . � y ._ �.. Mfr �, " 3'.` :�i-., y� c 3 •r• ,'{�•�;'�.v � r a `''b ;�. ; r a- ,r��,, � r-:���� , `r-.� r Y��a r .� - . ii, r- -: • `r'-' '.'- u ., ��;'rr ivy'-' 'u ,y ; :r": v i7: :r: • v :r: :r: Additional Training X X. X: Additional System Set Up Consultation X X X Remote Irnplementation of Software updates. _ w X X X Annual review of administration settings X X. X Remote Access Support. X X X FirstPriority offering of Laserfiche CPPs & Laserfiche Conference spots X X. X Dedicated Laserfiche Certified Professional X X. Laserfiche Administration configuration services II X X configuration and maintenance of.BASIC business processes .utilizing Laserfiche Farms and Laserfiche Workflow X.. x Configuration of Quick fields sessions using purchased features X X Basic Records Management Module Overview Training X. X 231 PROVESSIO- AL SERVICES & SUBSCRIPTION-, ANNUAL PACKAGES scheduled recurring consuitation.call upon Client's request x X Maintenance of existing middleware configurable Integrations x _ x Maintenance of MCCl/Client configured.COMPLER business processes X Annual Review of business process -configurations - m _ X Roll-out Assistance for Initial/Additional COMPLEX business processes X Definitions & Examples: A BUSINESS PROCESS is an activity or set of activities that will accomplM a specific organizational goal. This could include a Workflow, Forms process or Quick Fields session that automates/streamlines an organization -specific process. BASIC is defined as.a business process requiring minimal configuration, and virtually no discovery or institutional process knowledge, in regards to.a MCCi LF Certified Professional being able to assist with configuration, support, and maintenance of the process. Examples: Filing workflows, simple Laserfiche Forms with. -few routing steps, or approval/notification workflows. that have Minimal steps, no. integration,and little to no database lookup requirements. COMPLE)C.is.defined as.a large business process with.extensive configuration that is. absolutely mission critical to the organization. An example might be a large accounts payable.process with a. high volume of transactions! approval steps, database lookups, etc.. Complex business pro.cesses.re.quire MCCi's LF Certified Professional to have institutionaVprocess knowledge in regards to the configuration of the process. Use.of time: MCC! allows clients to use the timeallotted for a multitude of services as long as: a request: will not start a service that cannot be Completed within the time remaining. none of the packages. listed.above.are intended to be utilized for configuration of a new.COMPLEX business process, In those instances a separate SOW is required. MANAGED SERVICES MCCi's.Managed Services package provides ongoing. additionaI ttaining:and assistance to a client's Lase rfiche:.admin i.strator and users. Pricing is based.on:MCCi's Managed Service:hourly rate discounted by 10% through purchasing an advanced block of services per year based on the products Purchased. MCC( Managed Services is an.annual package and will expire on the same date as yourSAP plan. Managed Services can be.used forthe following professional services /benefits.: Additional Training -- additional trainingvia web:conferencing can be conducted to train newusers on the use of the system or as refresher training for existing users. Addiitional:System Set Up..Consultation — MCC! offers.additional consultation that includes recommendations on best practices for adding additional departments, additional types of documents, etc..to.your current system. Bernot.eImplern.entatiott of Software U..pdates - While the standard SAP plan covers free updates for software, implementation of those updates is sometimes. over looked. With the addition of our Managed Services, MCC! is at your service:to. directly assist in implementing 241 PROFESSIONAL SERVICES & SUBSCRIPTIO'4' ANNUAL PACKAGES software updates: such as minor updates,. quick.fixes or point releases. Dependent on complexity and client specific configurations, major software upgrades may or may not be. covered :and should be discussed with your Account Management Team. gi Annual System Review & analysis — Upon request, MCCi will access your system: to review and analyte how your organization isusing the system, identify potential problem areas and make.recommendations for better use of the system. This analysis is designed to be implemented 6 months after the initiai.Software instaIlation:and should. be: performed annually after that date. This is an optional service that will be completed only if requested by the Client.. Remote Access Support - Remote Access Support allows..o.ur help desk staff to access your machines remotely to resolve problems faster. The use of Remote Access Support saves you. both tirne,and money by reducing the. delays of resolving software issues without costly on- site visits. Laserfiche Certifications -- First priority offering of complimentary Laserfiche certifications on an as available basis. Laserfiche Conference Registration - First priority offering of complimentary Laserfiche Annual Conference registration on an as.available basis: *Please. see our workflow Configuration Training section for information on..Workflow Managed Services. MCCi's Laserfiche Administratlon.Services package is for clients who need a Laserfiche administrator, or additional Laserfiche administration/implementation services. It includes..everything listed in the Managed Services package above as well as the additional items listed below. Pricing is based on MCCI's System Engineer hourly rate discounted by 10% through purchasing an advanced block of services per year; based on the products. purchased. MCO's Laserfiche Administration Services is.an annual package and will expire on the same date as. your SAP plan. UsERFIcHE A Dmnvism TioN SERvicEs- LEvEL 3 0 Dedicated Laserfiche Certified (Professional Laserfiche Administration configuration services— Setting up users, metadata;.security, etc. Configuration and maintenance. of H ASIC.business processes utilizing Laserfiche Forms and Workflow * Configuration of.quick Fields sessions using purchased features - Excludes custom scripting, custom calculations, etc. ® Basic Records Management module Overview Training Scheduled recurring consultation calls upon Client's request • Maintenance of existing rniddleware/configurable integrations — Does not include maintenance -of custom built integrations. 25 1 PROFEssioNA€. SL3Rvicrs & SluBSC%tii''I"ION A,NNUAI, FA.CKAGFS LASERFICHEAMINlsiRATWN SERWcEs- LEVEL 2 Level 2 includes the benefits. of Level 1 but in addition.provides.the:.ability for M.W to maintain more COM PLEX'business processes; which requires kn owledge transfer and maintenance of that knowledge. ffi Maintenance of MCCi/Client configured COMPLEX. business processes --.If MCCi has provided configurations through. our Business Process Configura.tion.service, these can be maintained. For example; minor tweaks, updates due to upgrades; process improvements,. etc.. If the client has configured. business processes, M:CCi.ca.n maintain these. For example, minor tweaks, updates. due to upgrades, process improvements, etc. m :Annual Review of business process configurations * Roll -oast Assistance for Initial/Additional COMPLEX business processes — Whether you are implementing a. new process or MCCi.is assisting, the LAS representative can be available to. assistwith roll out: Client Responsibilities 6 Configuration and mainteriance of backups 01 Configuration of any general network, security, or operating system settings outside of Laserfiche Management and creation of retention policies related to Records Management Module ® Providing:an IT contact (internal or V party) for MCCi to work with as necessary Create/Provide processAiagrams (and anyother necessary paperwork/examples). Providing remote access capabilities as needed.. Client also agrees to be present and monitor MCO technical resources during any configuration. changes, If the client requests MCCi to have unattended access, the client assumes.al1.:responsibil.ity for the. related remote access session(s). If the client requests MCO to have unattended access and security access is a point of concern, Client will.work with MCCi representative to set up user profiles, .user tags, etc, to allow this access. *For more complex Forms, Workflow, and Transparent Records Management configurations, please discuss a Business Process. Configuration Service with your Account. Executive. .261 HARD,,N'ARE REQUIRENJENTS MCCi wlll providepecessarycomuitation upon. re quest; as to the tompati bll.ity of current hardware With the Laserriche System. Changes and recommendations will be made.at'the time of consultation. See system requirements below. Please keep in mind that these are the minimum system requirements as: recommended by MCCi, and should be considered independently rather than collectively. Additionally, overhead far virtuatiaation has not been factored in to these requirements. MCCi does not recommend any version of Windows that isappmaching or is beyond the. "Enid of Extended Support Date" specified by Microsoft. Client/Scanning Station PC Cis Win dows.l0, Windows 8 or S.1(32 or 64). Windows 7 (12 or 64),.W1ndows Vista CPU 2:B GHz processor or. faster. Memory 4 GB RAM or more Communications TCP/1 P Batch Processina Quick Fields Aftchiire QS Windows. 10, Windows 8 or.8,1 (12.or 64), Windows 7 (32 or 64); Windows Vista CPU 2.8.61-1z Processor or faster Memory 4 GB RAM or more Communications TCP/IP High Volume Recommendation Windows 7.x6.4 with 8 GB RAND, Intel. Care 2.Duo Pmcessars 3.33GHz. Laserfiche A onlication Server 05' Windows Server 2012 R2, Windows -Server 2012, Windows.2008 R2, Server 2008 (Service Pack .Z or Higher) CPU Qua d=Core Processor, 2.5 GHz Processor or better. Memory 4-8 GB. RAM Communications. TCP/IP Database Server Microsoft SQL Server 2008 (Service Pack 1), Microsoft SQL Server 2008 R2,.Microsoft SQL Server 2012, Microsoft SqL Server 2014, Oracle "11g.(11.1:(].fi+), Oracle 12c Express Editions of the above Microsoft SQL Server versions are supported ImagelMe Server Storage Typical usage factoring is 18,000 black/white standard.size images per 6B..Clients typically use'a Network Attached Storage (NAS), 5torage.Area Network (SAN), ora Local Storage Device. Laserfiche Workflow Server 0S Windows. Server 2012 R2, Windows Server 2012,`W1ndows 2008 R2, Server 2008, (Service. Pack 2 or Higher) CPU 4 Core Processor,.2.5 GHz Processor or better Memory 4 GB RAM or higher Communications TCP/IP 27 -HARn�V ARE iREQ.0 iRENrENTS Mlcrosoft SQL Server 2008 (Service Pack 1), Microsoft SQL Server 2008 R2, Microsoft SQL Server 2012, Microsoft SCtt. Server 2014, Omc€e log (10.2.0.4+), Oracle 11g OracIe 11g R2 (11.2:0.1+), and Oracle 12c Database Server "Express" Edit! ons.of the above Microsoft SQL Server ve rsio ns are supported L aserfiche Audit 7'rcall Server laaserriche Connector OS Windows Server 2012 R2, Windows Server 2012, Windows 2008 R2, Server 2008 (Service GS Pack 2 or Higher) CPU Dual Core Processor; 2.5 GHz Processor or better Memory 2 —4 GB RAM Communications TCP/IP Local. -Storage C:\ Drive with 4066 or greater:avaIIable Software Requirements. Microsoft SQL Server 2008 (Service Pack 1), Microsoft SRL Server 2008 R2, Microsoft SQL. Server 2012,. Micrasoft.SM Server 2014, Oraciv 14g (10:2.0.4+), Oracle 11g (11;1.0.7+), Oracle 11g R2 (11.2.0.1+), and Oracle 12c Database Server Express Edit€ons of the above. Microsoft SQL Server versions'are supported laaserriche Connector OS Windows Server 2008 (Service Pack 2 or Higher), or Windows Vista (5P2+) and Later CPU 2.93 GHz or Faster Memory 4 GB RAM Memory e Lase rficheServervers ion 9.0 or later if using Laserf'iche Connector.with the Laserfiche :Client Viewer o Laserfiche Server version 8.3 or later if using Laserfiche Connector with Web Software Requirements. Access Laserfiche Web Access version 10 or. later to use the assign terripIate and fields action, the: impart action, or the show search count optlon with. Web Access. Web Module Seib errs] Required if €nstaIIing "Web Access" or Public. Porta l- Webiink" OS Windows Server 2012 With ]IS 8, .Windows.Server2008 R2 with IIS 7 CPU Dual Core 2.8 GH2 or faster processor Memory 2 GB.RAM or more Web Browser (minimum versions): Laserfiche. Weld products operate most efficiently Viewer when using Internet Explorer 9. Offigr su ported browsers are Firefox,.Safari and Chrome Clients are responsible for any additional security protocol setup/associated fees that are requ€red to provide internal/external web access: An. examol e would besetting up "Kerberos" for th€h.ciient active directory authentication, or setting up VPN access to allow La serfich&ss €Pad1lPhon e applications to connect.through the We b. server. Laserfiche Public Portal - Webllnk`Per Processor (Unlimited) licensing specifics: The Public Portal License allows unlimited connections per processor, however a large numher.of connections may affect the.L.aserflehe application server performance.(one processor can handle roughly 100 to 1S0.concurrent.retrieval connections). The client must have one Public Porta€ License for each.Lmerfiche application server they desire to connect to, and the Public Portal license must he licensed by the appropriate nurhher of pro cessors;j. which is'requIred to match or exceed the CPUs/processors on the Laserfiche application server that the Pubiic Portal WilI connect:to. For example, the client must have a d ua kpro cessor or multiprocessor. Public Portal license in.orderto Conn ect.to a Laserfiche Application Server that has two or more processors. PA1icPortaI View Only Licenses may only: be used with WeRink;.they are not available for other applications. 28f R:�4RDN'�'AAE REQ1iiRmia: rrs OC&schedaler for Loseririche pg Windows Operation Systems:, 32 & 64 bit. Requirements L"erfrche Version 8. Server (runs. as a service), La serf iche.Versi.on 8 Client: Recommendation 1 dedicated LF Named User license Scanners Must use ISIS drivers to be compatible with Lase rfiche:SonConnectsoftware. Scanner compatibility should be confirmed by referencing the most.up to date Laserfiche published supported. scanner list at: http:Illase rfiche..cormstatic/ResourceslscanIIst.h#rnI.., Laserfrche Forms Laserfiche Server Version 9 or higher, Avante or Rio licensing model Web Server Windows Server 2008 or Windowis;7 With IIS 7 or 7.5, Windows Server 2012 CPU 4 Core or more Memory 8 GB: RAM or more Microsoft SQL Server 2008, 2008 R2, 2012, 2012 R2, and 2014 Database Server *Express Editions. of the above M(crosoft SQL Server versions are supported a Users can fill.out forms that starta process in.Chrome. (latestversion), Safari (Mac only), Firefox (latest version), Internet Explorer 9.and later, Edge, Opera. e The Laserftche Forms inl;ox, Form Designer, Process Modeler; Administrative pages, etc, must be viewed in Internet Explorer 11, Edge, Firefox (latest version), or Chrome (latest version). Laserfiche Forms also supports mobile browsing. (Chrome, Firefox, and Safari Client recommended). 29 f The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date appearing below, unless accepted by the Client. Submitted by: MCCi, a Urn ited Liability Company ❑ate: January 76, 2017 By: rn.� (Signature) tlJC7t� { JCiT�j��3�r �ie�j� (Printed Name & Title) Noted Items Accepted by: MILTON. GA [Date: By: (Signature) (Printed Name & Title) e' p u05 1.2 .i .II u.E a. c n ' x M'S 5 15 U 1.7 5. �.E P.g v r.r.c T 4 d�n4� E c.m nS LaS� c. 3 3 �O '✓o'.� q.�.� cE.y��x° v m. o 'M.E c. G: c..N n yo' E:t y o�.«mac a E� n5 �. cud c.' �: per: r.yy �r7.4 da„o 10 .5 E„ «•5 N N L y m 76 .O. n W n E T �. i7 o. op•zi: pnp A �„ 3 '.X3 o u o o �. .ls7t3 m g r��j Y�'. „: °}a c u Big .�� �w.m u�i aECa . . . .• ¢�'.Ei� � 75 8� .��zu E cEi A'�-2'� �« i-"�$5 3� t c b 4a L a e $°'e m• o E E w. a �� g ro s s Y g...w 3; 3. 6. E. ac. s�� g�: •Y s. 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C „ T .� E •� is C yy ' r L� . ] A ` C C m -. lap E..T.•af z.0 r.o . .2 Eyi p.D e mn 9d r rdag�� g ffY@��oi 'L0.#.njYreas=g•rO� �.g.,`�y° 6t =' r�- vAi S.N .-•p $, r�'::e E. 6 ."�. °, 7'`° ay",ga�•5.•kr A =ll $ u6ai.9.� c '�,°�� .:4� gE Erm.. = 8 ° F E c.,g: c''a ° o 9.`a.5 '. 9 8 a a E L:.f9 3 3 3 . 4 E •x2.i 5'Q. .D E ,aY � $'.m da. se — e a � � „� � S N o 3A v c � •� '” .g ° �." x � 6.� C ° .2.223. m 9g Ea. y Q o w ro «..��O EI&m'$p 0 i o w� e N u. `n r �' cq�c�� . �° 6 L m 01.5 •.. . a g6 FL 1. 1. u 26 -2 3o�c �r'�2m� w�vL sLS EXHIBIT "C" STATE OF t- r•d°`' COUNTY OF 1 EAJ 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 contractonly with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13 -1Q -91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: J�fu4 Federal Work Authorization User Identification Number b-1-7-1�o Date of Authorization MCCi, LLC Name of Contractor Document Management System 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 24il in I 1 P', (city), 62- (state). Signature of Authorized Officer or Agent— �nA� I JCA I $10--i - jI r�SiGQr6� Printed Name and Title of Authorized Officer or Agcnt SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ' 2+f AY OF U, , 201 NOTARY PUBLIC [NOTARY SEAL] I Cl M17EaDAm MY COMMISSION f FF 127279 EXPIRES: June 21, 2018 Bonded Thru Notary PuWt Undargrom My Commission Expires: STATE OF P101V COUNTY OF EorV EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with MCCi, LLC 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 Contract r Document Management System 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 a��, 2012 in (city), 1�- (state). Signature of Authorized Officer orAgent DCa n1 j 1.,S -to Printed N ne and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE /,[I -QDAY OF - 2-0 NOTAR BLIC [NOTARY SEAL] {a " CHRME B. DAVIS is n MY COMMISSION* FF 1ZM9 UX EXPIRES: June 21, 2018 My Commission Expires: ''4°� 8and�mNNataryPuhFci7�dervrea EXHIBIT "E" The following individuals are designated as Key Personnel under. this: Agreement and,,as such, are necessary far the. successful prosecution of the Please see. "Project Team" listed in Exhibit B. L. MU N IC -OD -01 TBEAUDOI DATE (mmlowYYYY). CERTIFICATE OF LIAB.ILIW.INSURANCE �r 2/23/2017 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(ids) must Haile ADDITIONAL INSURED provlslons or be endorsed. If SUBROGATijoN IS. WAIVED, subject to the terms and conditions of the policy, certain policies may require an on dorsement. 'A statement on this certificate does not confer rights to thecertificate holder In lieu of such endorsement(s). PRODUCER O Tp CT j 01 _ . _.__ .__ Rogers, Gunter, Vaughn Insurance, Inc. PHCNE FAX ......_' 1717.Thomasville Road w Alto, _ t): (_8.5(]] 386= E 111 - Nnl:($50) 385-9821 _....-_-[Alc, Tallahassee, FL 32303 M _ ..._, F„_,,,,,-„•,•___-,_ INSURER{S} AFFORDING COVERAGE_ Itl.AIC IF,,,-, j INSURERA.:TraVeleis_lndemnity Comganm - ?25658 INSURED INSURER B : Zenith Insurance Company � � €13269 Municipal Cade Corp. MC.Ci, LLC; aHa Consulting, Inc. INSURER c;lronshore Spec€AIty. Insurance Company i25445 _ P:O.. Box 2235 j INSURER D: Tallahassee, FL 32316 ” T LNSURER.E: _- — x COVERAGES GFR rimcATF Nt1MRFR- RGVlglnm Nllnnpgrr� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED"NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY .CONTRACT OR OTHER. DOCUMENT WITH.kEESPEGT TO WHICH THIS CERTIFICATE MAY BE ISSUED: OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIE=S DESCRIBED. HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRI TYPE OF INSURANCE ADDL SUB R POLICY NUMBER POLICY EFF .; POLICY EXP M. _ LIMITS A I .X.COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 :'S �^ CLAIMS -MADE. ][. OCCUR s �. x )[ ;i6f50454M534COF1i i 01101!201.7 ;01101/20181 AMAGE TO RENTED .360 000 ', , � ,..-..., 7111!11!1! An ane arson 's 5 5,000 4- 1 �QQQ�Qfld GEN'LAGGREGATE LIMIT APPLIES PER- GENERAL 2,000,000 S 2,000,000 1.-_ __.Z X POLICY PRO- J LOC JECT u 33 PRODUCTS.,COhAPDP AcG_ ODU;oaa lye, OTHER,' TH R: S' A' I AUTOMOBILE LIABILITY 3 COMBINED SINGLE LIMIT r fEanol S �'Q0Q'QQQ X ANY.AUTO I x X �6A866214918117SEL. 1:011011201.7 01/0112018 ° BDDILviN�ufty�Per�ersanl; s , OWNED SCHEDULED AUTOS ONLY ALYTOSS E BRODELY INJURY (Per acclderit S EE❑❑ AUTOS ONLY AISTNOS. ONLY ' ; PeCaR�entAGE S ! A X UMBRELLA LIAS. .X OCCUR'. ` ; CUP3296118881742 f 0110112017 011101120.1.8 EACH OCCURRFNGE5 /AGGREGATE_ __. ...._ _ 51000,00p_ excess.L€AB clrilMSAADa ~S S — DED. 1 X I RETENTION $ 5,0_ 5,000,000 B WORKERS COM PENSATION: AND EMPLOYERS' LIABILITY X. .PER S ; OTH- 1 — AER Y I N NY PROPRIETORIPARTNER(EXECUTIVE I M14.61302 011101121117 01/0112016 E.L. EACH ACCIDENT 500,000 .5 OFR[CERIMEMBER EXCLUDED? (Mandatory in'NH) N 1 A . I UISEASE LL,EA EMPLOYEE -----_ �O D,Dd{1 ISy©s,descriheunder DESCRIPTION OF OPERATIONS pe!ow '[600,QQ0 _E_L� E.L. oisEASE - POLICY LIMIT -...Wuv 5 C Cyber Liability 102294302 0210912017 02/09/2018 C Professional Liab. i 02294302 01091201.7 02109/2018 DESCRIPTiON.OF OPERA11ON31 LOCATIONS 1 VEHICLES (ACORIJ 101, Additional Remarks SOedulo, may be attached if mole sPaco Is required) —Network Security Liability [Cyber] $2,000,000 Each Claim $2,000,000 All Claims.Aggregate **`Professional Liability. $2,000,000 Each Claim $21000,000 All Claims Aggregate City of Milton 11.3000 Deerfield Parkway Suite 107F 30004 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE cAweLLEP BEFORE THE EXPIRATION . DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 494,_ e,.ij 04F N ACORD 26j2016/03) ® 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0012ce COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ. IT CAREFULLY. BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following; .COMMERCIAL GENERAL LIABILITY COVERAGE PARI PROVISIONS: 1, WHO IS AN INSURED (SECT -ION 11) is amended in a .written contract for this insurance to to. Include as an insured arty person or organiza- .tlon (called hereafter "additional insured") whom apply on a primary or contributory oasis.. you. have agreed in a written contract, executed 3. This insurance does not apply: prior to loss, to name as additional insured, but a: on any basis to any person or organization on!y with respect to liability. arlsing out of "your for wham you have purchased an Owners work" or your ongoing operations for that adds- and Contractors.. Protective policy. floral insured performed by you or for you, b. to "bodily injury," "property. damage," "per - 2. With respect to the insurance afforded to Addi- sonal Injury," or "advertising injury" a0sing tlonai Insureds the following conditions apply: out.of the rendering of or the failure to render a. Limits of Insurance -`The following limits of any professional services by or for you, In- liability apply: oluding: I. The limits which. you agreed to. provide; 1• The :preparing, approving or failing to or ]prepare or approve maps, drawings, o. The limits shown. vn the .declarations, opinions, :reports; surveys, change or- ders, designs or specifications. and whichever Is less, 2. Supervisory, inspection or engineering b. This insurance is excess over any valid and services; collectible insurance unless.you have agreed CG D1 05 0494 Copyright, The. Travelers indemnity Company,. 1.994, Page 1 of 1 Includes Copyrighted Material from Insurance Services office; Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE. POLICY. PLEASE RE Rl7 IT CAREFULLY. This endorsement modifies insurance provided underthe: foi.lowing: COMMERCIAL GENERAL. LIAB€LiTY COVERAG.E:PART 't. WHO is AN INSURED -- (Section 11) is amended to include. any person or organization that you agree in a "Wri.tten contract requiring insurance" to include as an additional insured on this Cover- age. Part, but: ay Only with respect to liabi€ity for "bodily injury", "property damage" or "personal injury'% and. by. if, and :only to. the extent that, the injury or damage is caused by acts .or OtT i . 60n5 of you or your subcontractor in the performance of "your work" #a which the "written contract requiring insurance" applies. The person or organization does not qualify as an. additional insured. with respect .t4. the. independent acts or omissions of such person or organization. x. The insurance provided to .the additional insured by this endorsement is limited as follows: A) bf In the event that the t_imits of Insurance of this Coverage Part shown in. the Declarations exceed the. limits of liability :required by the. "written contract requiring insurance the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance"_ This endorsement shall riot in- crease the €Emits of insurance described in. Section lti — Li its Of insurance. The. insurance provided. to the additionai in- sured does not appy to "bocff[y injury" "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur ve.ying seivices, including: i;. The :preparing, approving, or fai€ing to Prepare. or approve, maps., shop draw- irigs, opinions, reports,. surveys, field or. ders or change orders, or ttie preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities, C) The insurance provided to the additional in- sured .does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -Completed op- erations hazard". 3. The Insurance provided to the additional .insured by this endorsement is excess overany valid and collectible "other .insurance".,:whether primary, excess,. contingent or on any other basis; that is available to the additional insured for a loss we cover under this endorsement, However, if the "written contract requiring Insurance" specifically requires that this insurance .apply on a primary basis or a. primary and non-contributory oasms; this insurance .is primary to "other insurance" available to the additional insured which covers that. person or organization as 'a named insured for such loss, and we will not share with that "other insurance". But the im&ance .prow€ded to the additional insured by this endorsement stili is excess over any valid and collectible. "other jn- suranaP% whether primary-, excess, .co.nfingent or on : any other basis, that. is available to the addi- tional insured when that person or organization is an additional insured. under such "other insur- ance". 4. As .a condition :.of coverage: provided to .the additional insured by this. endorsement: ay The additional. insured must give us written notice as Soon as practicable. of .an "occur- rence" or an. offense which may result in a claim. To the extent possible. such notice - should include: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii: The nature and location of any injury or damage arising out� of the -"occurrence" or offense. CG Da 48 08 05 0 2005 The 5t. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance",whether primary, excess, contingent of on any other basis., that is available to the additional insured for a loss we. cover under this endorsement. However, if a ".wr€tten contract requiring. insurance" for that. ad- ditional insured. specifically requires that this €n- surance. apply on a primary basis or a primary and non-contributory basis;.this insurance is pri- Mary to 'other insurance" available to. the addi- tional insured which. covers that person or organ€_ zatiDn as a. named insured for':such: loss, and we will not share with that "other insurance". But:the insurance provided. to the additional insured by this endorse€rlent still is excess over any valid. and collectible "other insurance". whether pri- mary, excess, contingent or on any other basis,. that is available to the additional insured when that. person .or organization: is an additional in- sured,under. such "other insurance". 4. As a condition .of coverage. provided to the additional insured by: this. endorsement: a) The .additional insured must give us: written notice as soon as practicable of an 'occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: .i. How; when and where the `'occurrence" or offense took place; ii. The names and addresses of. any injured persons and witnesses;. and in. The nature.. and location of any injury or damage ariing out of .the "occurrence" or offense. b) If a claim Is :made or "su€t" is. brought against the additional insured, the additional insured roust; i. Immediately record the specifics of the claimor"suit" and the date received; and ii. Notify us as soon. as practicable. The additional insured must see to it thatme receive written notice of the claim or "suit" as soon as practicable. c) The additional insured roust immediately send uscopies. of .all legal papers. received in connection with the c€aim .or "suit', .cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and. indemnity of any claim or "suit" to any provider of"other insurance" which would cover the additional insured for a loss. we cover under this endorsement. However, this condition does not affect whether the insure ane provided to the .addRianal insured by this endorsement is primary to "other insurr. ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. .above.. 5. The .following derinition. is added to SECTION V. - DEFINITIONS: "eVritten contract. requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is. caused by an offense :comrhltted; a. After the.signi.ng and execution of the contract or.agreement.by yp.a;. b: While. that pari of:. the contract or agreement is in effect; and c. Before theend of the policy period. OtltSE3 Page 2 of 2 2005 The Si, PaulTravelers Companies, Inc. CG D2 47 08 05 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement.modifes insurance provided. under the following: BUSINESS AUTO. COVERAGE FORM With respect .to coverage provided by: this endorse- Ment; the provisions of the Coverage Form apply unless nodified by the. endorsement. A. PERSONAL EFFECTS CQVERAGE SECTION III — PHYSICAL .DAMAGE COVER- AGE,. A. Coverage, 4, Coverage Extensions is amended by -adding the.following, Personal Effects :Coverage We. will pay up to $400. for "€oss" to wearing ap- parel and other personal effects which are: (1) owned by an *Insured"; and t2Z. in or on. your coveted "auto"; in the .event.of a total theft "loss" of your covered "auto". No deductibles apply to Personal Effects Cover- age. B. AUTO LOAN LEASE GAP COVERAGE SECTION Ill. — PHYSICAL DAMAGE COVER- AGE;. A. Coverage, A.. Coverage Extensions is amended by adding.the following: Auto Loan Lease Gap Coverage .for Private Passenger Type Vehicles In the event. of a total. "loss" to a covered "auto' of the private passenger type shown in the Schedule. or Declarations for which Physical Damage Cov erage. is provided, we will .gay any unpaid amount due .on the leaser or loan for such covered "auto" less the. following: (1) The amount paid under the Physical Damage Coverage Section of. the policy for:that "auto;. and [2] Any: (a) Overdue leaselloan .paymeks .at the time of. the "lass"; zbi Financial penalties. imposed under a lease for excessive use, abnormal wear.and tear or high mileage; (c) Security deposits not returned by the: Lessor; (dj Costs for extended. warranties;. Credit Life insurance; Health, Acc€dent .or Disability Insurance purchased with the loan or lease; and (e} Carry-over balances from previous loans or leases. C. COVERAGE :EXTENSION — AUDIO, VISUAL AND DATA. ELECTRONIC MUIPMENT NOT DESIGNED SOLELY FOR THE. PRODUCTION OFSOUND SECTION III PHYSICAL DAMAGE .COVER. . AGE, B.. Excluslons, exception paragraph a. -to exclusions 4,c &.4.d is deleted and replaced with the following-. P. Equipment and. accessories used with such equipment, .except tapes, records or discs, provided such equipment is permanently in- stalled in the. covered "auto" at the time of the "loss" or is removable from a housing unit which is permanently installed in the covered "auto" at .the time of the 'loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electri- cal: system, in or upon the .covered: "auto; or D. WAIVER. OF DEDUCTIBLE -'GLASS SECTION III — PHYSICAL DAMAGE COVER- AGE; D. Deductible is. amended by adding the following: No deductible applies. under Specified Causes of Loss or Comprehensive coverage for "loss" to glass used in the :windshield. E. HIRED AUTO PHYSICAL DAMAGE COVER- AGE SECTION Ill PHYSICAL. DAMAGE .COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Hired Auto Physical Damage. Coverage Exten- sion .If hired "autos" rare covered "autos" for Liability Coverage and this policy also provides: Physical Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to "autos" that you hire, rent or barrow subject to:the following: CA FO 79 04 07 Inc1udea.1he copyrighted material of Insurance. Services Office, Inc..With its iiwrhioion. Page i. of 2 irIcludes the copyrighted material o[ The Travelers Companies; Inc. COMMERCIAL AUTO (1) The most wewill pay for "loss" in any one "accident" to a hired; rented or borrowed "auto" is the lesser of:' .(a) $50.1000; (b). The actual cash value of the damaged or stolen property as of the time of the "loss".; or (c) The cost .of repairFng or replacing the damaged or stolen property with other property of like:kind and quality. (2) An adjustment for depreclation and physical condition will be madein determining actual cash value in .the. event of a total "loss. [3) If. a. repair or replacement results in Better than Ilke kind or quality, we will. trot pay for the amount of.betterment. (4) A deductible equal to the highest .Physical Damage deductible. applicable ta:any owned covered "auto". (5) This Caverage'Extension does not apply. to, (a) Any "auto" that is hired, rented or bor= rowed with 'a driver, or (b) Any "auto" that is hired, rented or. bor- rowed from. your "employee'': F. :BLANKET WAIVER OF SUBROGATION SECTION IV -- BUSINESS AUTO CONDITIONS, A. Lass Conditions, 5. Transfer. of Rights. Of Recovery Against Others To. Us is deleted and replaced by the failowirig: 5. Transfer Of Rights Of Recovery Against Others To .lis We waive any right of recovery. we may have against any pwsvn or organization .to the ex- tent required of you by a written contract exe- cuted :prior to .any "accld.ent" or "loss", pro- vided that the "accident" or "loss" arises out. of the operations contemplated by such cdn- tract. The waiver applies only to the person or organization designated in such contract. G. BLANKET ADDITIONAL INSURED SECTION. it LIABILITY COVERAGE, part A. 1. Who. Is An Insured, -.paragraph .c. isamendedby adding the following: Any person or organization that you are required to include as an additional. insured on this Cover- age Form in a. written contract or agreement that is signed and executed by: you before the ".bodily injuryor "property. damage" occurs and that is In effect during the policy .period .is an "insured" for Liability .Coverage,. but only. for damages to which this insurance applies and. only to :the. extent that person or organization qualifies as an "insured" urider the Wtio is Ah Insured provision contained in Sectio..n If., H. EMPLOYEE HIRED AUTOS SECTION ll - LIABILITY COVERAGE; A. Cov- erage, 1. Who is An Insured is amended by add- ing the following: An "employee" of yours is an "insured`' while op- . rating. an "auto." hired or rented under a contract or agreement. in that "employee's" name, with your permission; while performing duties related to the conduct ofyou r,buslness. i. COVERAGE EXTENSION —TRAILERS SECTION 1 — COHERED . AUTOS, C. Certain Trailers,. Mobile. Equipment and Temporary Substitute Autos, paragraph 1. is deleted .'and' replaced by the following: 1. "Trailers" with a load capacity of 3,000. pounds or. less. designed primarily for travel on public roads. Page 2 of 2 lvdudes the copyrighted material of Insurance Services Office.. Inc. with -its permission: CA Fla 79 04 07 Includes the copyrighted.material of The Travelers Companies, Inc. COMMERCfAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE. POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies.insurance provided under the.followino,- COMMERCIAL GENERAL LIABILITY: COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage.: The fallowing listing is a general coverage description only. Lin-dtations and exclusions May apply to these coverages. Read all the PRO- VISIONS of this. endorsement carefully to determine rights, duties, and what is. and is not covered:. A. Broadened Named Insured B. Damage To Premises Rented To You Extension Perils of firer explosion, lightning, smoke, water Limit Increased.to. $3oO,O!Qo C. Blanket Waiver of Subrogation D. Blanket Additional Insured - Managers or Lessors of premises E. Blanket Addiitiona[ Insured — Lessor of Leased Equ€pment F. Incidental Medical Malpractice. G. Personal .Injury — Assumed by Contract H. Extension of Coverage Bodily Injury PROVISIONS A. BROADENED NAME. INSURED 1.. The: Named Insured in item 1. of the Declara- tions is as follows: The person or organization named fn Item 1. of the Declarations and a.ny organization, other than a partnership .or joint venture, over which youmaintain owners* or majority in-. Wrest on the effective date of the policy. However, coverage for any such Organization wili cease as of.the date during thepolicy pe- riod that you; no longer rhaintainownership of,. or majority interest in, such organization. 2....WHO IS AN INSURED (Section II) Item 4.a. is deleted and repla..ced by the following: a. Coverage under this provision is afforded only until the 184th day after you acquire or form the organization or the end of the Policy period, whichever is earlier, unless reported in writing to us within t8� days. 1 This Provision A. does not apply to any per- son or organization for which coverage is. ex- cluded. by endorsement. I. Injury to Co -Employees and Co -Volunteer Workers J. Aircraft Chartered with Crew K. Non -awned Watercraft — increased frorn 25 feet to 50 feet L. Increased Supplementary Payments • Cost for bail bonds increased .to $2,500. • Loss of earnings increased to. $500 per day M. Knowledge and Notice of Occurrence or Offense N. Unintentional Omission D. Reasonable Force — Bodily Injury or Property Damage B. DAMAGE TO . PREMISES . RENTED TO YOU EXTENSION 1.: The last paragraph of COVERAGE A. BOD-. ILY INJURY AND PROPERTY DAMAGE LI ABILITY (Section I. — Coverages). is deleted and replaced by the following: Exclusions c, through. n. do not.apply to darn - age to premises while rented to you, or tem- porarily occupied by you with permission of the owner,. caused by: a. Fire; h; Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance. applies to this coverage•as described in LIMITS OF INSUR= ANCE (Section III). 2. This insurance doesnot apply to damage to premises while rented to.you, or temporarily CG DI 86 11 03 Capyright, The Travelers Indemnity Company; 2003 Page 1 of 5 COMMERCIAL GENERAL LIABILiTY occupied by you with permission of the owner, caused by: a. Rupture,. bursting, or operation of pres- sure relief devices, b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by pr resulting from wa- ter, C. Explosion of steam boilers, steam pipes, steam engines, ;or steam. turbines. 3.. Part 6. of LIMITS OF INSURANCE (Section. III) 1,9 -deleted and replaced by the fo.11owing:. subject..fo 6. above, the Damage To Prem ises Rented To You Limit is the most we will pay under COVERAGE A. for damages, be - Cause of "property damage" to any one Prem- ises while rented to you, or temporarily occu- pied by you with permission of the owner, causedby fire,. explosion,lightning, smoke resulting from. such: fire, explosion, or light- ning, :or water. The Damage To Premises Rented. To You Limitwill apply to all damage proximately caused by the same "occur- rence",: whether such damage results. from fire, explosion,. lightning, smoke resulting from .such fire, explosion., or lightning, or water, or any combination. of any of these. The Damage To Premises Recited To You. Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented -To You Limit.. 4.. Under DEFINITIONS (Section V), Paragraph a. of the def€nition of "insured. contract" is amended so that it does not include that por- tion ortion of the contract for a lease .of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permis- .sion of%the owner,. caused by: a. Fire; b. Explosion; C. Lightning; d. Smoke resulting from such fire, explosion, .or lightning; or P. Water.. 5: This Provision. B. does not apply if coverage for. Damage To Premises Rented To You of C..DVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. C. 13LANKET WAIVER OF:SUBROGATION We. waive any right of recovery we may have against: any person or organization because of payments we make for injury or damage arising out of premises owned. or occupied by or rented .or loaned to you; ongoing. operations: performed by you or on your behalf, done under a contract with. that person or organization; "your work,. or .your products"_ We. waive this right where :.you have agreed to do so..as part of a written contract, executed byyou prior to loss. D. BLANKET ADDITIONAL INSURED MANAG- ERS OR LESSORS OF PREMISES WHO IS AN. INSURED (Section.tl) is amended. to include as an insured any person or organization (referred to below as "additional insured") . With whom you have agreed in.a written contract, exe- cuted prior to loss, to name as . an additional in- sured; but only with respectto liability arising out of the ownership, maintenance or.use of that part of any premises leased to you,. subject to the fol- lowing provisions: 1: Limits. of Insurance. The limits of insurance afforded to the additional insured shall be the limits.which you .agreed to provide, or the lirn- its shown on the Declarations, whichever is less. 2. The insurance. afforded to the adelitiona€ in- sured does not apply to: a. Any "occurrence" that takes place alter you cease to be a tenant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural. alterations, new construction or demolition operations performed by or on behalf of such additional insured: 3. The insurance afforded to the additional. in-.. sured is excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written contract.. for this insurance to apply on a pri- mary or contributory basis. E. .BLANKET ADDITIONAL. INSURED — LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as. "additional insured") 'with Page 2 of 5 Copyright; The Travelers indemnity:.Company, 2003 CG ill 86 19 03 naixoe whom you have agreed in a written contract, .exe- cuted prior to loss; to name as. an additional in- sured, but only with respect to the liability arising 3. out of the maintenance, operation or use by you of equipment leased to you by such additional in- sured, subject. to the following .provisions.: 1. Limits .of Insurance.. The: limits of insurance afforded. to the additional insured shaft be the limits which you agreed to provide, or the lim- its shown :on the. Declarations; whichever is less. 2. The insuranceafforded. to the additional in- sured does not apply to: a. Any "occurrence" thattakes place after the equipment lease expires; or b. "Bodily injury" or "property damage" ads - Ing out of the sole negligence of such ad- ditional insured, COMMERCIAL GENERAL. LIABILITY for which no remuneration Is demanded or received. Paragraph 2.0.(1)(d) .of WHO Is AN IN- SURED (Section ll) does: not apply to any registered nurse, licensed. practical nurse, .emergency medical technician or paramedic .employed by you, but only while performing the services described in paragraph :2: above and while acting within.the scope of their errs- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting .Within the scope of their employ- ment by you. 4. The following, exclusion is Added to paragraph 2. Exclusions of COVERAGE A.. — 130DILY INJURY AND PROPERTY DAMAGE. LIABIL- iTY (Section I --- Coverages);. ;3. The insurance afforded to the. additional in- sured is excess.. over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a:written contract for this insurance to apply on a pri- S. maryor contributory basis. F. INCIDENTAL MEDICAL MALPRACTICE 1.. The definition of "bodily injury" in DEFINI- TIONS (Section V) is amended to include "In- cidental Medical Malpractice injury": 2. The following definition is added to DEFINI- TIONS (section v): (This insurance does not apply to:) Liability arising out of the willful violation of a penal: statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge. or consent of the insured. For the purposes of determining the applica- ble lirrmits of insurance, any act :or omission, together with all related acts or omissions in the furnishing of the services described in paragraph 2. above to any one person, will:be considered one "occurrence". 6. This Provision F. does not apply if you are in the business or occupation of providing any of the services described in. paragraph 2. above. "Incidental medical Malpractice injury" means 7.. bodily injury, mental anguish, sickness or dis- ease :sustained by .a person, including .death resulting from.any:.of these At any time, aris- ing .out of therenderingof, or failure to ren- de.r, the. following services: a. Medical, surgical; dental, laboratory, x=ray or.nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental; .or surgical .supplies or %appliances; or c. First aid, d. "Good. Samaritan services", As used in this Provision F.; "Good Samaritan ser- vices" are those. medical services ren- dered or provided in. an emergency and The insurance provided by this Provision F. shall. be excess over any other valid and col- lectible .insurance available to: the insured, whether primary, excess, contingent .or on any other basis; except for insurance purr chased specifically by you to be. excess of this poliev.. G. PERSONAL INJURY ASSUMED BY CON- TRACT 1. The Contractual LiabUity Exclusion in Part: 2., Exclusions of COVERAGE B.. PER- SONAL AND ADVERTISING INJURY LIABIL- ITY (Section .t -- Coverages) is deleted and. replaced by the following: {This insurance does not apply to:) Contractual Liability "Advertising injury" for which the insured has assumed liability in a contractor agreement. This exclusion does not apply to. iia.f?ility for CO D1 86 11.03 Copyright, The Travelers. Indemnity Company., 2003 Page 3 of 5 COMMERCIAL GENERAL LIABILITY damages that the insured would: have in the abser2oe of the contract of agreement. 2. Subparagraph f. of the definition of "insured contract'" (DEFINITIONS — Section V) .is. de- feted and replaced by the following: f. That part of.any other contract or agree- ment pertaining to your business. (includ- ing an indemnification of a municipality in connection with work performed for a municipality) under Which you assume the. tort liability of another party to pay for "bodily injury,:" "'property damage" or "per- sonW .injury" to a third party or organiza- tion. Tort liability. means .a. liability that would be imposed by .law in :the absence of any contract or agreement.. 3. This Provision G. does not apply if COVER- AGE B, PERSONAL AND ADVERTISING IN - .JURY LIABILITY is excluded by .endorse- ment. H. EXTENSION OF COVERAGE — .BODILY IN- JURY The definition of "bodily lnjury" (DEFINITIONS — Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, rrientat injury, shock, fright, disability, hu- miliation;. sickness or disease sustained by a per= son, including death resulting from any ofthese at any time. L INJURY TO CO -EMPLOYEES AND CO - VOLUNTEER WORKERS 1. Your:"employees" are insureds with respect to "bodily injury" to :a. co "employee in the. course of the co-"etmploye.e's" employment by youi :or to Your"volunteer Workers" while per forming duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by. you or while performing duties unrelated to the conduct of your business - 2. Your "volunteer workers" are insureds with respect to '"bodily injury" to a co -"volunteer worker" while performing duties related to the conduct of your business, or to your "employ- ees:' in the. course of the "employEe's" em- ployment by you, provided that this coverage for your "volunteer workers" does not apply `while performing duties unrelated to the con- duct of your business. 3.. Subparagraphs 2.a.(1)iay, (b) and (c) and 3.a. of WHO IS AN. INSURED (Section tl) do not apply to ''bodily injury" for which insurance is provided by paragraph 1. or 2. above; J. AIRCRAFT CHARTERED WITH CREW 1. The following is added to theexceptions con- tained in, the Aircraft; Auto Or Watercraft Exclusion in Part: 2., Exclusions of COVER-. AGE . A. BODILY INJURY . AND PROPERTY DAMAGE LIABILITY (Section l -- Coverages); (This exclusion does not apply to) Aircraft chartered with crew to any insured. 2. This Provision J. does not apply if the char- tered aircraft is owned by any insured.. 3. The insurance provided by this Provision J. shall. be. excess over any other. valid and col= Iectible insurance available: to the .insured, whether primary, excess, contingent or on any other basis„ except for insurancepur- chased specifically by you to be excess of this..policy; K. NON -OWNED WATERCRAFT 1.; The :exception contained. in .Subparagraph (2) of the Aircraft, Auto Or Watercraft Exclu- sion in Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROAERiY DAMAGE LIABILITY (Section I — Covera.ges) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Fifty feet long or fess; .and (Is) Not being used to carry persons or Property for a.charge; 2. This .provision K. applies to any person who, with.your expressed or implied consent, either uses or is responsible for the use of a water- craft. 3. The insurance provided. by this Provision. K. shall be. excess over any other valid.:and col- lectible insurance available to the insured, Whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy.. L. INCREASED SUPPLEMENTARY PAYMENTS Parts. b. and d, of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B (Section I -- Coverages). are amended as follows: 1. In Part b. the amount we will pay for the cast of bail bonds is increased to $2500. 001210 Page 4 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 1103 2. In Par#d. the amount we will. pay for loss of earnings is increased to $500 a day. M. KNOWLEDGE .AND NOTICE OF OCCUR- RENCE OR OFFENSE 1: The following. is added to COMMERCiAL GENERAL LIABILITY CONDITIONS (Section IV)., paragraph 2. (Duties In. The Event .of Oc- currence, Offense, Claim br Sult): Notice of an "occurrence" or. of anoffense which..may result in a :claim under this insur- ance.shall be given as.soon as practicable af- ter knowledge of the "occurrence or offense has been reported to any insured listed `under Paragraph 9. of Section iI — Who Is An In- sured or an "employee" (such as an insur- ance, loss control or risk manager or adrrlinis- trator) designated by you to give such notice, Knowledge by other "employee(s)" of an "oc- currence" or of an offense does not imply that you also have. such knowledge'. 2.. Notice shall be. deemed prompt if given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give .notice to us as soon as practicable. after any insured listed under Paragraph I. of Section Il — Who Is An Insured or an "employee" (such. as an insur- ance, loss control or risk manager or adminis- trator) designated by you to give such :notice discovers that the "occurrence", offense or claim may involve this policy. 3. However, this Provision M. does not apply as respects. the specific number of days within COMM ERCIAt..GEN.ERAL LIABILITY which you are required to notify us in writing of the abrupt commencement of a discharge;. release or escape of "pollutants" which causes "bodily injury" or "property damage" which may otherwise tie covered under this policy. N. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV)., paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights .under this insurance. How- ever, this Provision N. does not affect our right to collect additional premium or to exercise our right of -cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. O.. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE The Expected Or Intended Injury Exclusion. in. Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE :LIABILITY (Section l — Coverages) is deleted and replaced by the following.- (This ollowing: (This insurance does not apply to:) Expected or Intended injury or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to „bodily injury„ or "property damage" resulting from the use of rea- sonable force to protect persons or property. CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003. Page 5 :of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER.OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone ilab[a for an injury covered by this policy.. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work undera written contract that requires yeu.to obtain. thislagreament:from us.) This agreement shall not operate directly or indlractly to. benefit. anyone not named. in the Schedule. Schedule ANY PERSON OR. ORGANIZATION FOR WHOM THE NAMED. INSURED HAS AGREED BY WRITTEN CONTRACTTO FURNISH THIS WAIVER: This endorsement changes the policy to which it is attached and is effective on the date. issued unless otherwise stated.. (The information below is required only when this endorsement is. issued subsequent to preparation of the. pokey.). Endorsement Effective 01/01/2017 ZENITH INSURANCE COMPANY - 13145 Insured MUNICIPAL CODE CORPORATION Policy No. M1161303 GA Policy Period .0110112017 To 0110112018 Issued On 0210312017 At Orlando, FL PRESIDEN WC -00-.03-13 (Ed. 04-84) Endorsement No. 7 M I LTO 'lp Ni. ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 16, 2017 FROM: Steven Krokoff, City Manager a AGENDA ITEM: Approval of a Right of Way Maintenance Agreement between the City of Milton and Georgia Management Agency, Inc. MEETING DATE: Monday, March 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: („yAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,,}'YES () NO CITY ATTORNEY REVIEW REQUIRED: (.AYES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0311c)/101) 2006 Heritage Walk Milton, GA 0000 P: 678.242.2500 I F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Carter Lucas, PE - Assistant City Manager Date: Submitted on March 16, 2017 for the March 20, 2017 Regular Council Meeting Agenda Item: Approval of a Right of Way Maintenance Agreement between the City of Milton and Georgia Management Agency, Inc. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In January 2017 our contract for right of way maintenance expired. In accordance with our standard procurement practices an Invitation to Bid (ITB) was issued to provide this service. The city received four bids for these services and after review staff has determined that the low bid received for these services from Georgia Management Agency, Inc. is a qualified bid. Staff is recommending approval of the right of way maintenance agreement with Georgia Management Agency, Inc. in an amount not to exceed $500,000 per year. Funding and Fiscal Impact: Funding for this contract is available in the Infrastructure services account Legal Review: Sam VanVolkenburgh, Jarrard & Davis, LLP (March 8, 2017) Attachment(s): Right of Way Maintenance Agreement HMI LTO N't S[ 111) 2006 STANDARD CONTRACT PUBLIC WORKS RIGHT OF WAY MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this day of , 2017 (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 Georgia Management Agency, Inc, a Georgia Corporation, (herein after referred to as the "Contractor'), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Contractor to provide right of way maintenance services; and WHEREAS, Contractor desires to perform the services 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, Contractor 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: SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" - City Solicitation Documents Exhibit "B" - Contractor Response/Proposal Exhibit "C" -Scope of Work Exhibit "D" - Contractor Affidavit Exhibit "E" - Subcontractor Affidavit Exhibit "F" - Key Personnel Exhibit "G.1"- Performance Bond Exhibit "G.2" - Payment Bond Exhibit "H" - Non -Collusion Affidavit B. Project Description. Contractor is to provide the right of way maintenance services ("Basic Work") described in the Scope of Work attached as Exhibit "C," as well as any additional out -of -scope work requested by the City ("Supplemental Work"). Unless otherwise stated in Exhibit "C" or in an applicable Work Order, the Basic Work and any Supplemental Work (together, the "Work"), include 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 a Work 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. C. Timina and Term of Agreement. 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. 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, at the annual price specified in Exhibit "C", 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 four (4) times, and shall not renew if affirmatively terminated by either Party pursuant to Section VII of this Agreement. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. Upon mutual written agreement of both Parties, which agreement shall specify at a minimum the applicable pricing for each year, this Agreement may be further extended to automatically renew on an annual basis for five (5) additional years, terminating completely without renewal on September 30, 2026. il. WORK ORDERS A. Work Order Defined. The City may request Contractor to perform specific Basic Work and/or Supplemental Work through Work Orders. All Work Orders shall be in writing and issued by the City's Representative (as defined herein) or his or her delegate, and accepted in writing by the Contractor's Representative (as defined herein) or his or her delegate. Each Work Order shall identify the location and nature of the requested Work. B. Basic Work Orders. Items of Basic Work in need of attention may be identified by the City on an as -needed basis, through Basic Work Orders. Contractor shall suggest Basic Work Orders to the City when it observes any right of way -related condition in need of maintenance. C. Supplemental Work Orders. The City may issue Work Orders requesting Work not covered by the Project Scope of Work and therefore not part of the Basic Work. Such Work is considered "Supplemental" and subject to additional compensation at the unit prices set forth in Exhibit "C". Each Supplemental Work Order reasonably expected to involve more than $5,000 of Work shall specify the expected price of the Supplemental Work, including associated costs. A revised estimate must be approved in writing by the City's Representative before Contractor may exceed any initially -estimated price for the Supplemental Work. The City shall follow its procurement policy in processing Supplemental Work Orders. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. The amount paid to Contractor in a given Term shall be the lump sum Basic Work price for the Term as specified in Exhibit "C", plus the sum of all hours worked and materials consumed in performing approved Supplemental Work Orders at the per-unit prices set forth in Exhibit "C". The lump sum Basic Work payment shall be invoiced and paid in equal monthly installments over the course of the Term. Compensation for Supplemental Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor 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 for Work shall be submitted on a monthly basis. Any material deviations in Work performed compared to Work ordered shall be clearly communicated to City before charges are incurred and necessary changes shall be handled through Work Orders as described in Section II above. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff. B. Maximum Payment Amount. The maximum amount that will be paid to Contractor for Work performed and reimbursement for costs incurred during any Term shall be $500,000. In order to increase this amount, the Parties must execute a written amendment to this Agreement. IV. PERFORMANCE REVIEW A. Performance Monitoring. City may inspect the timeliness and quality of Contractor's Work at any time. If City notifies Contractor of any improperly -performed Work or late performance of Work, Contractor shall correct the deficiencies at no additional cost to the City. B. Performance Review Meetings; Probation. Representatives for City and Contractor shall meet every three months to review Work performance, at no additional cost to City. In the event of a serious or repetitive deficiency, the City may inform Contractor that it is on Probation status; while on such status, City and Contractor shall meet every month to review performance, at no additional cost to City. Contractor shall remain on Probation status until two successive months of acceptable performance have elapsed. C. Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer loss, inconvenience and additional administrative burden if the Work is not completed timely and properly. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed as required. If the City reasonably determines that the Contractor's performance deficiencies have not been solved by the end of any month while on Probation status, the City shall so inform the Contractor at the next monthly meeting. As liquidated damages for nonperformance (but not as a penalty), the City shall be entitled to 10% of the Project's invoiced bill for the month in question. If, at the end of the Term, the Contractor has spent fewer than three months of the Term on Probation status and is not then on Probation status, the City shall refund any liquidated damages amounts withheld to the Contractor. This liquidated damages provision shall not take the place of any of City's other contractual rights, including the right to terminate this Agreement for cause. D. Replacement of Unsatisfactory Workers. Contractor shall promptly remove and permanently replace any employee or subcontractor declared by the City to be unsuitable to provide Work under this Agreement, including for reasons of chronic tardiness or absenteeism, improper job attire, unprofessional attitude or behavior, or demonstrated inability or unwillingness to properly perform Work. The City will have absolute discretion in making this determination, provided it does not act in bad faith. Contractor's failure to comply with this provision shall constitute a material breach of this Agreement. V. COVENANTS OF CONTRACTOR A. Expertise of Contractor; Licenses, Certification and Permits. Contractor 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. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of 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 contracted for under this Agreement. Further, Contractor 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 Work, 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 Contractor, including as a result of not meeting the applicable standard of care or quality will be provided by Contractor at no additional cost to City. B. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's profession and industry, Contractor will give written notice immediately to City. C. City's Reliance on the Work. Contractor acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City bears no responsibility for Contractor's Work performed under this Agreement. Contractor 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 performed under this Agreement. D. Contractor's Reliance on Submissions by City. Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Contractor's Representative. _Louis S. Ehrenhalt_ shall be authorized to act on Contractor's behalf with respect to the Work as Contractor'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. Contractor 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, Contractor shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Contractor and Indemnification of City. 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 City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, 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 Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor 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 Contractor or other persons employed or utilized by the Contractor 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 Contractor, its subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor 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. Contractor 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 Contractor or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. 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 of Contractors, 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. Contractor 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 Contractor. Any provisions of this Agreement that may appear to give City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of 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 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. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of 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. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. Insurance. (1) Requirements: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Contractor, 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: Contractor 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 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. If a general aggregate limit applies, the general aggregate limit shall be at least twice the required occurrence limit. (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) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (e) Commercial Umbrella Liability Coverage:$ 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, and Employers' 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 Contractor; 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 Of applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, Contractors, 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 Contractor; products and completed operations of Contractor; premises owned, leased, or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. 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 Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Contractor'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 Contractor'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 Contractor for City. (vii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Contractor under the terms of this Agreement, including but not limited to Section V(G) of this Agreement. (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 Contractor 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) If higher limits are maintained by Contractor than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Contractor. (5) Acceptability of Insurers: The insurance to be maintained by Contractor 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 Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor 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, Contractor 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 Contractor'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. Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Contractor's Duty to Provide Notice of Reduction in Coverage: Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Contractor shall require the same notice to the City in all subcontractor contracts. (8) Subcontractors: Contractor 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: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, 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 Workers' Compensation policy. (11) Progress Payments: The making of progress payments to Contractor shall not be construed as relieving Contractor or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Bonds. The Contractor shall provide Performance and Payment bonds on the forms attached hereto as "Exhibits GA and G.2" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). Bonds shall be maintained in the minimum amount of $50,000.00. If the value of the Contractor's Work relating to construction services in a given Term exceeds $50,000.00, the bonded amount shall be increased accordingly to meet 100% of the value of the Work relating to construction in that Term. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. K. Non -Collusion Affidavit. Contractor's officers, partners or employees responsible forbidding for the Work (as may be required to comply with O.C.G.A § 32-4-122 and § 36-91-21(e)) shall complete and return to City the Non -Collusion Affidavit attached hereto as "Exhibit H." L. 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) Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have 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) Contractor 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; or (3) If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b) (5) Contractor shall provide a copy of Contractor's state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City, or provided 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, or provided City with the appropriate state issued identification as noted in sub -subsection (3) 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 Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor agrees to secure from such subcontractors) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report some to the Department of Homeland Security. Contractor's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Contractor shall be liable for all damages and delays occasioned by City thereby. Contractor agrees that the employee -number category designated below is applicable to Contractor. 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. M. Records. 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 Contractor 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 Contractor 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, Contractor 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 Insbections: At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City or City's representative (s) for examination all Records. Contractor will permit City or City's representatives) to audit, examine, and make excerpts or transcripts from such Records. Contractor 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, Contractor shall permit City or City's representative (s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, City or City's representatives) shall not interfere with or disrupt such activities. N. 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 Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify City. If City determines that a conflict of interest exists, City may require that Contractor 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 Contractor when such services were performed while a conflict of interest existed if Contractor 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. Contractor 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. Contractor 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 -Contractor under a contract to the prime Contractor or higher tier sub -Contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. O. Confidentiality. Contractor 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, Contractors, and/or staff to likewise protect such confidential information. Contractor agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor 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. P. 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 Contractor's Project Manager or members of the Project team, as listed in Exhibit "F", without written approval of City. Contractor recognizes that the composition of this team was instrumental in City's decision to award the Work to Contractor 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 Contractor's obligations under this Agreement and shall be grounds for termination. Q. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor's 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. R. 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 Contractor ("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 Contractor 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 Contractor may retain a copy of any deliverables for its records. Contractor 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, Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. S. 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, 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. VI. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Contractor and all necessary equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site with materials or equipment. B. City's Representative. _Roddy Motes_ shall be authorized to act on City's behalf with respect to the Work as City's designated representative on this Agreement; provided that delivery of official noticeto the City must be made in writing as provided in Section VIII.F below. VII. 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. Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay Contractor within thirty (30) calendar days of Contractor providing City with notice of a delinquent payment and an opportunity to cure. In the event of Contractor's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Contractor fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Contractor for the costs of curing the default against any sums due or which become due to Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Payment Upon Termination. Upon termination, City shall provide for payment to Contractor 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 Basic Work, as determined at the time of termination, not otherwise covered by the remaining unpaid annual Project Price as set forth in "Exhibit C.". D. 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 VII(A) above. E. Requirements Upon Termination. Upon termination, Contractor 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 Contractor in performing this Agreement, whether completed or in process, in the form specified by City. F. Reservation of Rights and Remedies. The rights and remedies of City and Contractor provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VIII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only in a written document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor 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, Contractor 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 Contractor provides evidence that no such license is required. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work (including Work Orders) shall be exchanged between City's Representative (named above) for City and Contractor's Representative (named above) for Contractor. (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 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Georgia Management Agency, Inc. Attn: Louis Ehrenhalt 1205 Old Ellis Road Roswell, Georgia 30076 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 Contractor 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 Contractor 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. 1. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign immunity: Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal contractual liability, except where Contractor is a sole proprietor. The Parties agree that, except where Contractor is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Contractor or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, Contractors, 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 some instrument. Contractor represents that it has reviewed and become familiar with this Agreement. 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 Maieure. Neither City nor Contractor 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 CONTRACTOR; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Contractor'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 Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: Georgia Management Agency, Inc. Signature: Print Name: Louis Ehrenhalt Title: Attest/Witness: Signature: _ Print Name: Title: President/Vice President (Corporation) [CORPORATE SEAL] (required if corporation) (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 HOME OF ' t � ESTABLISIIED 2006 EXHIBIT "A" CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: Project Name: 17-PW03 Right of Way Maintenance Due Date and Time: City of Milton February 21, 2017 Number of Pages: 64 Local Time: 2:00pm 13000 Deerfield Pkwy ISSUING DEPARTMENT INFORMATION Issue Date: January 19, 2017 City of Milton Public Works Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107F Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Bidder Phone Number: Bid Number: 17-PW03 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office BID RESPONSE 13000 Deerfield Pkwy Special Instructions: Suite 107F Deadline for Written Questions Milton, Go. 30004 February 7, 2017at 5:00 pm Email questions to Honor Motes at honor. motes@cit ofmilton a.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE 151Page Topic page Invitation to Bid 1 Schedule of Events 4 Bidding Instructions (What must be submitted) 5 Insurance/Bond Requirements 6 Bid Form and Addenda Acknowledgement 11 Qualifications Signature and Certification 16 Corporate Certificate 16 List of Subcontractors 17 Contractor Affidavit and Agreement (eVerify) 18 Disclosure Form 19 Project Specifications 20 General Conditions 21 Scope of Services: Right of Way Maintenance 23 Sample Contract Agreement 36 161Pa e CITY OF MILTON Invitation to Bid 16-PW08 The City of Milton is accepting sealed bids from qualified firms to provide right of way maintenance services. All work will be done in accordance with the specifications in this document for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on February 21, 2017. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office, 13000 Deerfield Pkwy Suite 107F, Milton, Ga. 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton Courthouse 13000 Deerfield Parkway Suite 107E Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (17-PW03) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes@cityofmiltonga.us. Deadline for questions February 7, 2017 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about February 10, 2017. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (17-PW03) and bid name (Right of Way Maintenance) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. 171Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT ITB Issue Date Deadline for Receipt of Written Questions DATE January 19, 2017 5 PM on February 7, 2017 Posting of Written Answers by City to Websites on or about February 10, 2017 ITB DUE No Later than 2 PM on February 21, 2017 NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE DOAS WEBSITE (hffp://ssl.doas.state.ga.us/PRSapp/PR_index.jsp) FOR ADDENDA AND SCHEDULE UPDATES. 181Page BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid 1 2 Bid Form and Addenda Acknowledgement (2 pages) 11-12 3 Bid Schedule (3 pages) 13-15 4 Qualifications Signature and Certification 16 5 List of Subcontractors 17 6 Contractor Affidavit and Agreement (eVerify) 18 7 Disclosure Form 19 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a "purchasing contract" with one firm to be the primary supplier for services established by this invitation to bid. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. 191Pao e Any damage to any property, building, traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: 201Pa ,e (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i} The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall 21 Wage be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. 221Pa`,,e (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to fifty thousand dollars ($50,000) . Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. TERM OF THE AGREEMENT The term of this Agreement shall commence on or about March 21, 2017 and 231Page shall automatically renew, in accordance with the contract documents, each year for an initial term of five (5) years. Upon mutual agreement of both parties the Agreement may be extended on an annual basis for a period not to exceed an additional five (5) years. 241Paoe BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 17-PW03 Right of Way Maintenance The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment by March 21, 2017 and to complete all Work within the timeframes specified in the contract. Bidder acknowledges receipt of the following addenda: 251Paae Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of 20 Bidder Company Name Bidder Mailing Address: Signature: Print Name: Title: (Seal) 261Page BID SCHEDULE The City will not directly compensate the Contractor for any phase-in expenses. Services shall be provided immediately upon commencement of the contract and any such costs shall be spread throughout the duration of the Contract's term. The City anticipates that this scope could be accomplished with two crews of two members; however, the contractor shall include those positions that they believe are necessary to accomplish the scope of services. Bid Tabulation Form Item Annual Cost Not to Exceed 2017 * 2018 2019 2020 2021 5 Year Price Labor Equipment 5 Year Cost for General Maintenance $ *2017 costs shall reflect a start date of March 21, 2017. 271Pac,e [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE Supplemental Costs: Supplemental costs may be used for contract additions or deletions in the future but will not be considered in the base bid evaluation. Costs for supplemental work may be adjusted on an annual basis. Manpower rates should be burden rates that include all non -direct costs including taxes, benefits, back office support, project management, communication, transportation, training, equipment, etc... Item # Item Cost Unit Two Man Crew w1 a 1 vehicle and basic Per Crew Hour tools and equipment 2 General Laborer Per Hour 281Page [BIDDERS MUST RETURN THIS FORM WITH BID '• BID SCHEDULE In compliance with the specifications, the undersigned offers and agrees that if this Bid is accepted by the City Council that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. Where a conflict exists between the written amount and the calculated pricing, the calculated pricing will prevail. (End Bid Schedule Form] 291Page "'Fill 1111 11 '111 1 11111 � 1111,11, 111 1 ;1111 -iiiji QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. 1 further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Here Date CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This (Signature) day of 20 (Seal) 301Page LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name:. 311Page EXHIBIT " " 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 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 Name of Contractor Right of Way Maintenance Printed Name and Title of Authorized Officer Name of Project or Agent City of Milton Name of Public Employer SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 201 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: 321Page : �� •' '! • DISCLOSURE FORM 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 bid package when it is submitted. Name of Bidder 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 9 months) by the City of Milton and your relation: 331Page PROJECT SPECIFICATIONS PROJECT DESCRIPTION The City of Milton is located in the northern portion of Fulton County and has a current population of approximately 37,547 with a total land area of 39 square miles. The City provides municipal Public Works services through a public-private partnership model and is looking for qualified vendors to provide service for Right of Way Maintenance services. All Offerors must comply with all general and special requirements of the ITB information and instructions enclosed herein. Work under this contract will commence on or about March 21, 2017. j� I� y -J F •"mmn RGA � n 1 y��•f�..1 �l of o � ROi '1� a "�TYiJ r F .1° j - f t;� ` ua ITgnta rk in r a 11 1 Pa� < �^�-•j �)�- U f� Alpharetta Lherok_eg•I L__, Cobb Roswell s %-r ''Johns r / Creek Figure 1 - City Limits Holly Springs a e,.mr•sa„.. as tl ° ��1 _I Troho� x' V � ~ c'; t � � •$ r �i wa 1 I i e i j� I� y -J F •"mmn RGA � n 1 y��•f�..1 �l of o � ROi '1� a "�TYiJ r F .1° j - f t;� ` ua ITgnta rk in r a 11 1 Pa� < �^�-•j �)�- U f� Alpharetta Lherok_eg•I L__, Cobb Roswell s %-r ''Johns r / Creek Figure 1 - City Limits General Conditions 1. The City currently maintains a Public Works yard in Birmingham Park behind Fire Station #43 located at 750 Hickory Flat Road. The area is not secured but may be utilized by the contractor for the storage of equipment and materials with the approval of city staff. The city is not responsible for the safety and security of any equipment or material stored at this location. 2. The Contractor shall utilize maximum safety precautions. Tools and equipment will be in a good state of repair, safe to use, and be used in the manner in which they were intended. The Contractor is required to inform all workers and concerned persons of the Material Safety Data on all products being utilized on this project. 3. The Contractor shall, during the term of this Contract, repair any damage caused to real or personal property of the City and/or its tenants, wherever situated, caused by the intentional, reckless, or negligent acts or omissions of the Contractor's officers, agents, or employees, and any subcontractors and their officers, agents, or employees, or, at the option of the City, the Contractor shall reimburse the City for the cost of repairs thereto and replacement thereof accomplished by or on behalf of the City. 4. The Contractor's personnel shall perform work in a neat and professional manner as directed by the City and in compliance with all Federal, State, and City of Milton regulations and OSHA rules and regulations shall be followed at all times. 5. The Contract Documents consist of the Contract, the Bid Forms, the Instructions to Bidders, Invitation to Bid, all Addendum(s) issued prior to execution of this Contract, these General Conditions, and the Scope of Work. Together, these documents comprise the Contract and all the documents are fully a part of the Contract as if attached to the Contract or repeated therein. Precedence of the Contract Documents shall be as follows: (i) addendum(s) to the Contract Documents, (ii) the Contract, (iii) the General Conditions (iv) the Proposal Forms, (v) the Instructions to Bidders, (vi) the Scope of Work, and (vii) the Request for bids. 6. The contractor's field employees will wear identifiable uniforms and appropriate safety equipment while performing services outlined in this ITB. 7. In computing any period of time established under this contract, except as may be otherwise specified, when referring to a period of time of ten (10) days or less the word "days" means business days (excluding city holidays), and when referring to a period of time of more than ten (10) days means calendar days. A. General Requirements 1. The right of way maintenance program will consist of, but may not be limited to, the following activities: General right-of-way (ROW) maintenance, signs maintenance and installation (regulatory, warning and guide type signs), installation of preform type hot tape pavement markings and storm drain and ditch maintenance/debris removal. 2. The right of way maintenance crews will serve as the primary crews for the day-to-day operations of the Public Works Department. In addition to the items outlined in this scope the contractor shall provide labor for general maintenance issues as may be directed by the City. It is the intent of the City that these issues will be performed by the staff that is currently assigned to the city at the time. Materials and equipment that are not specifically required as part of this scope may be acquired separately by the City. 3. The Contractor shall provide sufficient experienced manpower to perform tasks associated with General ROW Maintenance, as described in this Section, five days per week and during emergency operations, as defined herein. Normal work hours are defined as Mon - Fri, 8am-5pm, unless otherwise specified. Travel to and from the City will not be considered as a separate pay item. All services shall be performed in accordance with the following priority schedule: a. Priority 1: Emergency. -100% of requests will be responded to immediately, if possible, but not to exceed 2 hours. Once begun, work will continue until complete, the emergency is terminated or the priority is downgraded. b. Priority 2: Requests to be completed within 24 hrs. c. Priority 3: Request to be completed within 3 business days. d. Priority 4: Request will be completed within 5 to 20 calendar days. Number of days required for completion will be posted on work order. e. Priority 5: will be scheduled so as to maximize materials and efficiency. 4. The Contractor shall provide a communication link to include (Voice, Text, and Email) for all essential crews, to provide communication between the crews and the city representative. This contact information will be provided to the City representative. Contractor shall notify the city representative of the completion of work orders that occur outside of the normal working hours established by this section. 5. Contractor shall incorporate the city's work order system into their communication protocols. Work orders shall be closed as soon as practical to avoid disruption in payment. The contractor shall provide devices that use either Android or Apple iOS operating system with internet access in the field. The city will provide the contractor with a link to download and install the HiperWeb work order and asset management system. The contractor shall utilize the app for day-to- day activities assigned by the City. Activities shall include, but may not be limited to, the following: a. Create work request b. View contractor's assigned work orders c. Complete work orders in the field d. Take before and after photos e. Record inspection results f. View work history g. Collect asset information at the City's request 6. Contractor shall provide a 30 cy dumpster to be maintained at the Public Works yard. The city shall pay fees associated with dumping only. 7. All debris removed in the execution of any work order or project shall be properly disposed of in accordance with all applicable local, state and federal regulation. Debris returned to the public works yard area for disposal shall be transferred immediately to the dumpster. If any question arises about disposal it will be the contractor responsibility to notify the City for instructions. Scattering or wasting debris along the right of way or edge of wood lines will not be permitted without prior approval. 8. The Contractor shall maintain adequate traffic control in conformance with current GDOT and MUTCD standards DPart b - Temporary Traffic Control while performing all maintenance tasks that require work in the right of way. All employees responsible for the implementation of work zones shall be IMSA Work Zone Certified. The contractor shall provide all personal protection equipment for all employees. 9. Contractor shall appoint a Project Manager to attend weekly staff meetings. The Project Manager will be held responsible for quality control of his/her work force. The City will run random Q/C checks on work order completion quality. Any work order that has not been completed or deemed acceptable to the city shall be rejected by the city and shall not be closed until completed to the satisfaction of the city. 10. Levels of staff experience(must be obtained within 1 year of the Notice to Proceed): a. One staff member shall be IMSA Work Zone certified b. One staff member shall be IMSA Level II Signs and Markings certified 11. The Contractor will notify the City representative of any rotation of crew members a minimum of one (1) week prior any rotation. The rotation of certified staff with non -certified staff will not be permitted. Key staff members, as identified in the contract documents, may only be replaced as outlined in those documents. 12. The City reserves the right to require the replacement of any team members that the city determines do not meet the minimum educational, training or experience standards expected by the industry or by their actions and demeanor have failed to display the character and professionalism required by the city. 13. The City reserves the right to run background checks on any employees assigned to this project in the completion of the scope associated with this ITB. 14. The Project Manager shall be available, as reasonably required, to be on-site during necessary times. Such times shall be discussed between the Project Manager and the City, but the final required times will be at the City's discretion. 15. The Project Manager shall provide the City with a primary contact who shall be available to the City in person or by telephone on a twenty- four (24) hour basis, seven (7) days per week. 16. In the event that the designated Project Manager terminates employment with the Contractor, or is requested by the City to be removed from the role of Project Manager, the position shall be assumed by an individual with equivalent qualifications, experience, and knowledge. Such replacement shall require the City's prior approval. 17. The Contractor shall not replace the approved Project Manager without written approval of the City, which approval will not be unreasonably withheld. 18. The Contractor shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to all employees on the work site and other persons including, but not limited to, the general public who may be affected thereby. 19. The contractor shall be expected to identify, open and complete certain work orders, as identified by the City, on their own. B. Right -of -Way (ROW) & Roadway Maintenance The city currently maintains approximately 172 centerline miles of right-of- way in accordance with the following requirements: Trimming of trees and brush that are up to 20 -feet in height and 6 - inches in caliper for safety and sight distance requirements. 2. Contractor shall have the manpower and equipment necessary to remove downed trees in the following manner: a. Up to a 24" dbh tree that has fallen in the right of way. Contractor shall remove and dispose of the entire tree, b. Up to a 42" dbh tree the contractor shall have the ability to remove the tree and debris from the travel lane in a sufficient manner to reopen a road. Contractor may utilize a specialty tree removal contractor to dispose of the tree with the additional fee being paid by the City, c. Trees over 42" dbh may be handled by a specialty tree removal service hired by the city. Contractor shall make every effort to remove limbs and debris from the right of way but may utilize a specialty tree removal contractor to assist in the removal and to dispose of the tree with the additional fee being paid by the City. 3. Repair Potholes, City provides cold patch material, in accordance with the following: a. Repair potholes, using current industry standards, to a maximum size of 3 feet by 3 feet and/or 6 inches deep. Some may require sawing and squaring. b. Spot patch edge of pavement failures, using current industry standards. Some may require a sawing and squaring and/or boxing out shoulder where failure started. 4. Repair Sidewalk/Curb and Gutter in accordance with the following: a. Contractor shall possess, as part of the designated team, the ability to repair sidewalk segments, curb and gutter, catch basin lids, etc... as directed by the city within 10 days. Contractor shall be prepared to demo, haul off and replace sub base when necessary. Sidewalk demolition and repair will be limited to 200 If per year, Curb and gutter demolition and repair will be limited to 100 If per year and the demolition and replacement of catch basin top (including both single wing and double wing type catch basins) will be limited to 10 per year. City may purchase the materials through the contractor or may purchase them separately. 5. Removal and proper disposal of animal carcasses from the right of way. 6. Removal and proper disposal of trash and debris within the right of way. 7. Special Event support. The contractor will be required to provide assistance in setting up traffic control, set up and take down of event equipment and trash and debris control during the event for approximately 15 events per year. The largest event the City conducts is the Crabapple Festival which occurs the first Saturday in October and hosts approximately 20,000- 30,000 people. The Public Works Department is expected to establish all road closures and detour routes in the week preceding the event with the actual road closure occurring at 7pm on Friday night. During the event the contractor would be expected to provide sufficient manpower to ensure the festival limits remain free and clear of all trash and debris. At the conclusion of the event the contractor will be expected to assist the City in the removal of all traffic control devices from the right of way and final clean-up of the event area. The event ends at 5pm on Saturday and the vendors are usually out of the event area by 8 pm and our event closure is typically wrapped up by 9pm on Saturday. The City provides all of the traffic control equipment for this event. The contractor will be expected to be able to transport and set up all traffic control equipment in the event area. The second major event is the Mayor's 5K which occurs in February every year and hosts approximately 500 runners. Staffing is generally required between 5am and 11 am and the City provides all the traffic control equipment for this event. The contractor would be expected to provide assistance with traffic control as well as clean up from the event. The operations plan is also included in Attachment A. The remaining events involve basic transport of event materials (i.e. minor traffic control, portable trash cans, podiums, etc...) trash pick- up during the event and clean-up after the event with an average event duration of 4 hours. The City provides all materials for these events. C. Storm Drain, Ditch Maintenance and other Right of Way Drainage Issues Contractor shall have responsibility for the following: Provide the equipment and labor for basic storm drain and ditch systems maintenance. 2. Maintain line washing of drainage piping and culverts, vacuuming of curb inlets, catch basins and ditch lines as well as drop inlets for the storm drain system. Where a vac truck is required for these services the Contractor shall provide a daily price at the time of the request for the rental, operation and disposal of material. The vac truck must be available within 7 days of work order. 3. Ability to haul and place #3 & #4 stone, type II or III rip rap, or other aggregates as needed. 4. Maintain adequate reporting of areas being maintained within the City for NPDES Annual Reports as set forth by the City. 5. Various types of debris removal, inlet and catch basin repair, inlet and pipe grouting, minor excavation up to 6' down and/or around storm drain structures, excavating and repairing failed utility trenching or settling within the right of way, sodding, grassing and matting etc... It is anticipated that this work will be performed with equipment that is specifically required as part of this scope. 6. Backfilling of all excavation work will require proper compaction in lifts per City specifications. 7. Verify with the City all right of way and easement parameters to insure that work is not performed on private property. 8. Starting in 2018 provide storm drain inspection services of approximately 1,775 structures per year to assist in the overall maintenance of the storm water management system and 130 outfall inspections. These are visual inspections only. When necessary, provide water quality testing per NPDES requirements. City will pay lab fees associated with the testing. 9. Cross Drain Pipe Replacement. Contractor shall possess the experience and ability to replace cross drain piping of 24" or less on gravel roads. Materials and equipment that are not specifically required by this scope but may be necessary to perform this task will be acquired separately by the City. D. Sign and Marking 1. General a. The City of Milton sign maintenance program will consist of, but may not be limited to, the following: i. Sign Installation ii. Sign Cleaning iii. Sign Removal iv. Sign Replacement v. Trimming foliage around signs b. When necessary the contractor will obtain all utility locates as required by Georgia law. This may also include staking of the sign location. c. Foliage trimmed away from around all signs shall be properly disposed of in accordance with local, state and federal regulations. Discarding in the right of way is not acceptable. 2. Materials a. Contractor shall provide all nuts, bolts, washers, tools and other equipment necessary to install signs to post and post to sleeve. b. City shall provide all signs, posts and sleeves. 3. Marking a. Contractor shall have the ability to layout and install preform type hot tape pavement markings, i.e. stop bars, text and short line repairs, etc... b. City will provide the equipment and material for this task. Contractor shall provide standard propane tanks for the equipment. E. Emeraencv Services 1. Contractor shall provide on-call emergency support to the City with any mission critical repairs at all hours outside of normal work hours, 7 days per week, 365 days per year with a response time of two hours. These support services shall include but not limited to assistance with traffic control/detours, storm debris pickup, tree removal, winter storm preparation/snow removal, general labor related issues etc. 2. All red series signs that are damaged shall be replaced within two (2) hours of notification. 3. Contractor will provide manpower and equipment necessary to operate the City owned 6 cy spreader during winter operations. F. Equipment Contractor shall equip all vehicles and crews with the necessary safety equipment and basic tools to perform the work outlined in this Scope. The basic tools should, at a minimum but may not be limited to, the following: a. Wrenches and sockets and other standard tools, b. Shovels, rakes, c. Hedge clippers / Hedge trimmers, d. Tree toppers, e. Post removal equipment, f. Post installation equipment, g. Chain saws, h. Level, i. Graffiti removal products, and 2. Contractor shall provide sufficient equipment and traffic control devices to manage their work zones to accomplish the tasks outlines in this section. Contractor shall also provide sufficient traffic control devices to manage a two lane road closure for emergency operations. The City shall provide additional traffic control devices for special events and larger operations. 3. Provide a vehicle, designed to hold signs in a protected position, while providing adequate storage area for other equipment and debris without harm to the signs. Replacement cost will be covered in full by the contractor for any sign damaged due to poor transportation to the job site. 4. In addition to the basic equipment necessary to fulfill the scope of this contract the contractor shall have available, at no additional charge to the contract, the following equipment and operators for use during normal operating hours and emergency operations: a. 1 full size rubber tire backhoe (Cat 416 or equivalent) b. 1 Dump Truck type vehicle large enough to pull full size backhoe and haul a 6 cy salt/sand spreader. (damp sand weighs approx. 3,240 lbs. per yard) c. Mid-size skid steer d. Jumping jack tamp e. Plate tamp f. Concrete/Asphalt Cut-off saw 5. If a piece of equipment mentioned above is out of service but is needed to complete a pending work order, then rental equipment is required at the contractor's expense. Specialty equipment not identified as part of this scope may be acquired separately by the City. G. Pricing of Right of Way Maintenance The offeror is requested to provide a Five Year lump sum price for Right of way Maintenance. Provide line item costs in accordance with the requirements below. Prices shall be all inclusive of all costs to the City, including but not limited to labor, equipment, and expenses. Hourly rates shall be calculated only for time spent within the city limits. Travel to and from the City will not be included for hourly charges. H. Work Order History The work history is provided to give indicate the level of work experienced by the city in previous years. See Table 1.H.1 Table 1.H.1 - Work Order History CD r O N r r O N N T Q N N:n m0 c o `d O� d#. N vm �Oa QON NDN amm a: cob y>O > c o Q�33 tN t>6�0 NNp m�U CR.M4t t! -X y NroN ET6ro 003- >ro c>E°8�c 0 0 •- m m •- m Q c E. 3N0 (N O3 ccm �m >F- N UU o o L =N Qo m m Em m CW NCN NCN ON r 5 0 �m0 mm0 m0 cmc 0-O c .n c 0 c _ c i- 0� > m m :c m m'S m v) (j�0 C; "5 SCO �c0 NO a) Ug gym.. k est Zc Q NN cE0 m p (n�6 0. 07x tr 18 0 1 0 86 9 0 0 0 0 0 32 0 12 February 15 2 1 5 148 8 2 1 2 0 0 91 0 15 March 26 6 0 4 62 21 2 0 13 0 14 125 0 16 l 16 1 0 0 39 5 0 0 0 0 2 134 1 3 2 2 0 3 21 0 0 0 0 0 0 87 3 13 J ne 6 0 1 18 10 2 5 0 0 0 3 40 1 20 MY 2 2 1 4 58 1 14 0 8 0 2 6 3 3 AxM 5 1 1 0 12 87 4 10 1 2 0 1 8 5 4 1 0 0 4 12 7 2 0 0 1 0 5 4 1 0 - October 4 5 1 6 7 15 1 1 1 1 16 1 6 3 t 1 1 0 1 7 11 3 2 0 2 0 2 4 0 D 5 6 0 3 17 30 2 1 0 0 0 7 5 3 Togs 101 25 5 60 554 103 41 6 26 4 23 543 32 92 c 2 NN 0 o c �O ° ON vm0 o ooh c0o Cu ON [[- O x-5,0 o� ao g m.0 .-,, O.0 y ¢m0 2 o O� N_!' N>� E N CN � M � 0 �. Ems O mN >O Em -E>E ai^ c0 mo ¢mm Qoc m�°" aE� ¢ E mmE?r dmo $moo �mq r �Eo I-mx ¢ Jx� ami° >F st NR U U �o ° c � Qo mom-. = V rom SON N C N `3 2 mmp mm0 0 m0 >c 4c COc ccs mS cm's m�S °m Uro Scp °aco � O 2 v2 Q Ea g m._0 FIgo S a3i�o z c m N 14 0 1 0 2 3 7 0 0 0 0 0 8 0 Fidney 6 1 7 0 0 8 11 1 2 0 0 1 0 11 0 Kbich 27 10 7 1 4 10 16 1 1 3 0 1 9 2 1 7 7 3 0 7 3 3 3 1 1 1 0 15 4 may 3 2 1 6 7 2 8 6 0 1 5 0 13 6 am 8 4 1 0 8 7 5 3 0 0 1 0 6 4 ,UY 2 0 0 0 5 8 4 2 0 1 1 0 10 3 A-pst 2 0 1 0 4 0 6 4 0 0 0 1 6 3 elbe 4 2 2 1 1 2 0 11 1 1 1 0 1 0 1 0 1 9 1 9 October 7 3 0 1 0 2 16 4 3 0 1 1 0 1 1 14 1 11 f 4 5 0 1 2 0 1 5 1 2 0 1 2 2 1 0 7 1 1 Cecart>Er 1 1 2 0 2 1 6 1 0 1 1 1 9 12 Totals 85 35 25 9 45 58 86 27 5 10 11 4 117 Totals 73 58 4 50 60 12 99 58 0 9 1 7 148 105 N N a m N O N mp N N O 0- ftt- N O p N15 <I4 ¢ °� o N y p _ N o U y C U N m N m N G N O. Y 0O V_� c- 00 '' tr m0 w v2 ) >0 °y> E c > E ¢ mm ¢ °'E c0 �E� m0 m m0 m ov- ? ac'S t d� 0 m0 c'S 4"p m� 00 oras' cLi�Bo �� 'mo > moo mE ��o ¢ oEQ oa`o c° > aSEZ s o o (f �0 ()Gp co rc� Ca a o ;m mmo (7� ¢� �¢ ~ 4t Qru q � M� �sp z c it 7 2 1 4 2 5 2 0 0 0 0 m 9 Fdx-y 9 9 0 3 8 2 6 0 0 0 1 2 9 3 M3rh 11 7 1 12 5 2 7 5 0 0 0 1 6 6 April 8 8 0 2 4 0 6 3 0 1 0 1 11 0 ww 2 5 1 2B 3 1 6 8 0 0 0 0 13 3 Jne 1 0 0 1 6 0 4 6 0 0 0 0 11 8 J_ty 5 0 0 2 4 1 6 3 0 0 0 1 8 5 Au,W 0 0 0 0 16 0 5 11 0 2 0 1 4 12 seomber 7 0 0 0 1 2 2 12 9 0 2 0 1 3 13 Cuottx 46 0 0 3 2 13 9 0 0 0 0 31 24 Pbent 8 5 0 0 3 0 19 2 0 1 0 0 23 15 Dxeri�a 7 11 0 1 1 2 0 10 0 0 1 3 0 0 9 7 Totals 73 58 4 50 60 12 99 58 0 9 1 7 148 105 Table 1.H.1 - Work Order History T N Totals 130 51 7 13 74 48 53 130 1 10 11 17 130 76 c � d -'�ON •�O C -Oto -ON O N ^O .£�%O� 0 mCa�i cNO a5 � f0 � L cVCa MC) - �N Ot mo MC L= �o=°OE w� �1VC0 o N wco > C O �E N E.r- NO O Q.L 'O EQ CU w.. S N V O.r.+u_ C O 00 p o �o >co >Eo a'aEio i �p �aEiuQ �v �E eco vo 3 a L.t� d) p R3 � ea fO �O F--� �� 0;�,� N� t6� f0 V �6� *t. Q � January 11 1 0 E cam.. 4 14 11 2 1 0 1 11 8 February 9 3 4 Sm 2 6 0 9 0 0 t— 1 14 9 O 28 14 (n 0 January 14 16 0 0 1 2 11 19 0 3 1 2 4 4 February 17 2 0 1 2 4 10 11 0 1 1 2 5 5 March 9 2 0 0 2 3 12 10 0 0 0 2 12 7 April 6 9 0 0 10 3 0 18 0 0 1 0 21 13 May 16 3 1 1 0 4 0 0 0 2 1 1 21 10 June 10 2 0 7 14 6 6 2 0 0 0 4 6 2 Ju 27 2 1 0 13 13 5 5 0 0 3 2 13 6 August 8 5 2 0 12 1 3 7 0 2 1 3 19 8 September 3 3 1 1 11 2 1 4 0 1 1 1 5 2 October 2 2 2 2 5 5 2 16 1 0 1 0 7 7 November 2 0 0 1 3 3 1 21 0 0 0 0 6 2 December 1 16 5 0 0 1 2 2 17 0 1 1 0 11 10 Totals 130 51 7 13 74 48 53 130 1 10 11 17 130 76 Totals 111 52 6 9 91 58 76 100 4 11 7 16 250 107 E N d -'�ON •�O C -Oto -ON O N ^O .£�%O� 0 mCa�i cNO a5 L cVCa mC mVC MC) - �N —O ' L= �o=°OE w� �1VC0 N �_ O > C O �E N E.r- NO O Q.L 'O EQ CU w.. S N V O.r.+u_ C O .� C_ C2S++y,_, E O mss.+ O C 3:2— p d (n N t6 �._ f0 N t ` � 0 2! *k G) w p L.t� d) p R3 � ea V t6 R. O N Z C Q � January 11 1 0 0 2 4 14 11 2 1 0 1 11 8 February 9 3 4 3 2 6 0 9 0 0 0 1 14 9 March 28 14 1 0 1 4 0 6 0 1 0 2 16 8 April 21 8 1 1 1 2 10 3 2 4 3 4 5 5 May 10 2 0 0 9 2 18 1 0 3 2 2 11 7 June 7 6 0 0 14 9 2 6 0 1 1 2 23 11 July 4 7 0 0 39 5 3 7 0 0 0 1 43 8 August 3 1 0 0 4 3 0 6 0 0 0 1 15 9 September 5 1 0 2 8 9 3 8 0 1 0 1 32 27 October 3 3 0 2 6 8 2 7 0 0 0 1 38 10 November 4 5 0 1 2 4 16 23 0 0 0 0 35 4 December 1 6 1 0 0 1 3 2 8 13 0 0 1 0 7 1 Totals 111 52 6 9 91 58 76 100 4 11 7 16 250 107 Table 1.H.1 - Work Order History LO T Q N Totals 128 34 2 12 74 51 5o 113 0 25 14 16 124 68 Vf� COL yO Oto E— N0�0 afC_ y > C — E '-4k i NOy fp m —MC) m N c0 � c o_ aL-, NO o O N2 E 'Q O2�. QNm QOC OVy >N9 �.� a O m m - mO OO LSO LO dN SCO �O,>= ANO ai0 EQ RNV -U L fp UCO iC O'S a.aV_ Cn CO tow dy0 r aci acus �� �=°ss �� OPV.. OO Ly0 LO �� O =O R R LCO V t6 Z C V_ L�.i U` PGS �,�4k 'O i.+*fi (O .aNi a5 Et cL N� O �3 m V E Q�lv Q C.`i E � F- 'II y January 14 4 0 0 3 2 2 8 0 3 1 0 1 23 13 February 12 0 0 1 3 5 0 9 0 3 0 2 8 6 March 35 2 1 0 0 2 16 14 0 0 1 0 8 4 Aril 12 3 1 1 2 1 5 6 0 0 2 0 8 9 May 7 1 0 0 8 5 1 10 0 2 0 1 3 3 June 9 0 0 0 8 11 0 4 0 4 1 2 12 3 Ju 10 4 0 2 11 8 2 6 0 1 0 2 4 2 August 6 3 0 3 11 4 0 3 0 4 2 3 19 11 September 4 5 0 3 9 4 4 7 0 2 2 3 7 5 October 11 6 0 1 5 2 14 13 0 3 2 2 4 2 November 2 5 0 1 8 3 6 11 0 3 2 0 21 5 December 1 6 1 0 0 6 4 0 22 0 0 2 0 1 7 5 Totals 128 34 2 12 74 51 5o 113 0 25 14 16 124 68 Totals 84 40 5 4 42 23 34 64 3 6 13 3 73 42 [End of Work Order History] C N VI a- N._ �_ VI VI c- tn^ at � y N � — N �. to tp >^ 0 0 y �_ N R til V U C �N C U—, N c0 � c o_ aL-, NO o O O c o @O ai c _O .n m_ CD >O rn cL E o m > E �.� a O m m - mO (V a_ O c O ='�� x� O — aci'3 Ns.+w a�E� a 03 Q Ncn �V- Q o c �o o 4k j_m r aci acus c� �=°ss OPV.. OO Ly0 LO > _CO ' E0 NNO 0(11IzI i O . W�+- '..W— V_ �- C!') N U') (O fC a5 NCL O24k N� O �3 m V E g �,. C.`i E N~ F- 'II y 0 a.+ y .L Q�_� Q O a F - January 9 3 1 2 0 1 7 1 19 0 1 1 1 1 12 5 February 37 3 2 0 5 3 0 7 0 1 4 0 6 5 March 17 7 0 1 1 0 15 15 0 1 4 1 7 10 Aril 6 7 0 0 3 0 6 2 0 0 1 1 20 10 May 2 2 0 1 8 0 0 4 0 1 0 0 3 1 June 10 10 1 2 18 6 0 6 1 1 3 0 15 7 Ju 3 8 0 0 6 7 12 11 2 1 0 0 10 4 August September October November Decem ber Totals 84 40 5 4 42 23 34 64 3 6 13 3 73 42 [End of Work Order History] EXHIBIT "B" [Insert Contractor Kesponse/Proposal] CITY OF MILTON Invitation to Bid 17-PW03 The City of Milton is accepting sealed bids from qualified firms to provide right of way maintenance services. All work will be done in accordance with the specifications in this document for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on February 21, 2017. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office, 13000 Deerfield Pkwy Suite 107F, Milton, Ga. 30004. At approximately 2:05 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton Courthouse. 13000 Deerfield Parkway, Suite 107E, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (17-PW03) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD OR FLASHDRIVE MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes CT cityofmi1t ,nga.us. Deadline for questions February 7, 2017 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about February 10, 2017. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (17-PW03) and bid name (Right of Way Maintenance) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. ITB 17-PW03 3 111 itge Table of Contents Topic Page Invitation to Bid 1 Schedule of Events 4 Bidding Instructions (What must be submitted) 5 Insurance/Bond Requirements 6 Bid Form and Addenda Acknowledgement 11 Qualifications Signature and Certification 16 Corporate Certificate 16 List of Subcontractors 17 Contractor Affidavit and Agreement (eVerify) 18 Disclosure Form 19 Project Specifications 20 General Conditions 21 Scope of Services: Right of Way Maintenance 23 Sample Contract Agreement 36 ITB 17-PW03 Z 1 11 CITY OF MILTON Invitation to Bid 17-PW03 The City of Milton is accepting sealed bids from qualified firms to provide right of way maintenance services. All work will be done in accordance with the specifications in this document for the construction and completion of the work required. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on February 21, 2017. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office, 13000 Deerfield Pkwy Suite 107F, Milton, Ga. 30004. At approximately 2:05 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton Courthouse. 13000 Deerfield Parkway, Suite 107E, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (17-PW03) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD OR FLASHDRIVE MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor. motes cityofmiltoncla.us. Deadline for questions February 7, 2017 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about February 10, 2017. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (17-PW03) and bid name (Right of Way Maintenance) when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. ITB 17-PW03 3 1 P age SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT DATE ITB Issue Date Janua[y 19, 2017 Deadline for Receipt of Written Questions 5 PM on February 7, 2017 Posting of Written Answers by City to Websites on or about February 10, 2017 ITB DUE No Later than 2 PM on February 21, 2017 NOTE: PLEASE CHECK THE CITY WEBSITE (hftp://www.citvofmiltoncia.us) OR THE DOAS WEBSITE (http://SsLdoas.state.c iq.us1PRSqpR1PR indexisp) FOR ADDENDA AND SCHEDULE UPDATES. ITB 17-PW03 4111 age BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid 1 2 Bid Form and Addenda Acknowledgement (2 pages) 11-12 3 Bid Schedule (3 pages) 13-15 4 Qualifications Signature and Certification 16 5 List of Subcontractors 17 6 Contractor Affidavit and Agreement (eVerify) 18 7 Disclosure Form 19 INFORMATION AND INSTRUCTIONS The purpose of this solicitation is to enter into a "purchasing contract" with one firm to be the primary supplier for services established by this invitation to bid. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. ITB 17-PW03 5 1 P age Any damage to any property, building, traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. Ul Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: ITB 17-PW03 6 IP �' � (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and -Employers Liability limits of $1,000,000 (one million dollars) per accident. Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. U Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. ITB 17-PW03 (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. 7 1 Page (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. Workers` Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. I All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (Q Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. �7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. ITB 17-PW03 8 I P age Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. BONDING REQUIREMENTS The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to fifty thousand dollars ($50,000). Bonds shall be issued by a corporate surety appearing on the Treasury Department's most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. TERM OF THE AGREEMENT The term of this Agreement shall commence on or about March 21, 2017 and ITB 17-PW03 9 { 1' 'ige shall automatically renew, in accordance with the contract documents, each year for an initial term of five (5) years. Upon mutual agreement of both parties the Agreement may be extended on an annual basis for a period not to exceed an additional five (5) years. ITB 17-PWO3 10 111 ;� [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 17-PW03 Right of Way Maintenance The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment by March 21, 2017 and to complete all Work within the timeframes specified in the contract. Bidder acknowledges receipt of the following addenda: ITB 17-PW03 11 (P a g e Addendum No. IVIx' Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 25 day of January , 2017 Bidder Georgia Management Agency (Seal) Company Name Bidder Mailing Address: 1205 Old Ellis Rd Roswell, Ga 30076 Signature: Print Name: L S Ehrenhalt Tide: President ITB 17-PW03 12 1' age [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] The City will not directly compensate the Contractor for any phase-in expenses. Services shall be provided immediately upon commencement of the contract and any such costs shall be spread throughout the duration of the Contract's term. The City anticipates that this scope could be accomplished with two crews of two members; however, the contractor shall include those positions that they believe are necessary to accomplish the scope of services. Bid Tabulation Form Item Annual Cost Not to Exceed 2017 * 2018 2019 2020 2021 6 Year Price Labor $299,850 $308,846 $318,111 $327,654 $337,484 $1,591,945 Equipment $44,164 $45,489 $46,854 $48,260 $49,708 $ 234,475 Combined $344,014 1$354,335 1$364,965 1$375,914 $387,192 $ 1,826,420 5 Year Cost for General Maintenance $ 1826420 *2017 costs shall reflect a start date of March 21, 2017. ITB 17-PW03 131 P a(,c [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE Supplemental Costs. Supplemental costs may be used for contract additions or deletions in the future but will not be considered in the base bid evaluation. Costs for supplemental work may be adjusted on an annual basis. Manpower rates should be burden rates that include all non -direct costs including taxes, benefits, back office support, project management, communication, transportation, training, equipment, etc... Item # Item Cost Unit Two Man Crew w/ a $135.00 1 vehicle and basic Per Crew Hour tools and equipment $32.00 2 General Laborer Per Hour ITB 17-PW03 141 P age [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE In compliance with the specifications, the undersigned offers and agrees that if this Bid is accepted by the City Council that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. Where a conflict exists between the written amount and the calculated pricing, the calculated pricing will prevail. Oeneral Ri` ht of Wa , lliaiintenance . $1,826,420 (Dollar Amount in Numbers from Bid Tabulation Form) One million eight hundred twenty six thousand four hundred twenty dollars. (Printed Dollar Amount) Georgia Management Agency, Inc (Company Name) (Signature) (Printed Name) Louis S Ehrenhalt (Title) President [End Bid Schedule Form] ITB t7-PWO3 151 P age:. [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45=10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature, Date Print/Type Name L. S. Ehrenhalt Print/Type Company Name Here Georgia Management Agency, Inc CORPORATE CERTIFICATE I, Louis S Ehrenhalt , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that Louis S Ehrenhalt who signed said bid in behalf of the Contractor, was then (title) President/Secratary of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of . This 25 day of January , 2017 (Seal) gnature) ITB 17-PW03 16 1 I' age [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not X , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name: ITB 17-PWO3 171 P at [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM 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 bid package when it is submitted. Name of Bidder: Georgia Management Agency, Inc Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) NOT APPLICABLE 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 9 months) by the City of Milton and your relation: ITB 17-PW03 19 1 P age PROJECT SPECIFICATIONS PROJECT DESCRIPTION The City of Milton is located in the northern portion of Fulton County and has a current population of approximately 37,547 with a total land area of 39 square miles. The City provides municipal Public Works services through a public-private partnership model and is looking for qualified vendors to provide service for Right of Way Maintenance services. All Offerors must comply with all general and special requirements of the ITB information and instructions enclosed herein. Work under this contract will commence on or about March 21, 2017. Figure 1— City Limits ITS 17-PW03 20 1 P agTe tfalty ^ t •Y ..� P a 3YM i"+a �. g s s — r, ,cats I,inui�xtiiit' r Park Alpharetta Roswell - Crook Figure 1— City Limits ITS 17-PW03 20 1 P agTe General Conditions 1. The City currently maintains a Public Works yard in Birmingham Park behind Fire Station #43 located at 750 Hickory Flat Road. The area is not secured but may be utilized by the contractor for the storage of equipment and materials with the approval of city staff. The city is not responsible for the safety and security of any equipment or material stored at this location. 2. The Contractor shall utilize maximum safety precautions. Tools and equipment will be in a good state of repair, safe to use, and be used in the manner in which they were intended. The Contractor is -required to inform all workers and concerned persons of the Material Safety Data on all products being utilized on this project. 3. The Contractor shall, during the term of this Contract, repair any damage caused to real or personal property of the City and/or its tenants, wherever situated, caused by the intentional, reckless, or negligent acts or omissions of the Contractor's officers, agents, or employees, and any subcontractors and their officers, agents, or employees, or, at the option of the City, the Contractor shall reimburse the City for the cost of repairs thereto and replacement thereof accomplished by or on behalf of the City. 4. The Contractor's personnel shall perform work in a neat and professional manner as directed by the City and in compliance with all Federal, State, and City of Milton regulations and OSHA rules and regulations shall be followed at all times. 5. The Contract Documents consist of the Contract, the Bid Forms, the Instructions to Bidders, Invitation to Bid, all Addendum(s) issued prior to execution of this Contract, these General Conditions, and the Scope of Work. Together, these documents comprise the Contract and all the documents are fully a part of the Contract as if attached to the Contract or repeated therein. Precedence of the Contract Documents shall be as follows: (i) addendum(s) to the Contract Documents, (ii) the Contract, (iii) the General Conditions (iv) the Proposal Forms, (v) the Instructions to Bidders, (vi) the Scope of Work, and (vii) the Request for bids. ITB 17-PW03 21111 aov 6. The Contractor's field employees will wear identifiable uniforms and appropriate safety equipment while performing services outlined in this ITB. 7. In computing any period of time established under this contract, except as may be otherwise specified, when referring to a period of time of ten (10) days or less the word "days" means business days (excluding city holidays), and when referring to a period of time of more than ten (10) days means calendar days. ITB 17-PWO3 22 I' age Scope of Services: Right of Way Maintenance A. General Requirements 1. The right of way maintenance program will consist of, but may not be limited to, the following activities: General right-of-way (ROW) maintenance, signs maintenance and installation (regulatory, warning and guide type signs), installation of preform type hot tape pavement markings and storm drain and ditch maintenance/debris removal. 2. The right of way maintenance crews will serve as the primary crews for the day-to-day operations of the Public Works Department. In addition to the items outlined in this scope the contractor shall provide labor for general maintenance issues as may be directed by the City. It is the intent of the City that these issues will be performed by the staff that is currently assigned to the city at the time. Materials and equipment that are not specifically required as part of this scope may be acquired separately by the City. 3. The Contractor shall provide sufficient experienced manpower to perform tasks associated with General ROW Maintenance, as described in this Section, five days per week and during emergency operations, as defined herein. Normal work hours are defined as Mon - Fri, 8am-5pm, unless otherwise specified. Travel to and from the City will not be considered as a separate pay item. All services shall be performed in accordance with the following priority schedule: a. Priority 1: Emergency. —100% of requests will be responded to immediately, if possible, but not to exceed 2 hours. Once begun, work will continue until complete, the emergency is terminated or the priority is downgraded. b. Priority 2: Requests to be completed within 24 hrs. c. Priority 3: Request to be completed within 3 business days. d. Priority 4: Request will be completed within 5 to 20 calendar days. Number of days required for completion will be posted on work order. e. Priority 5: will be scheduled so as to maximize materials and efficiency. ITB 17-PW03 23 1 P age 4. The Contractor shall provide a communication link to include (Voice, Text, and Email) for all essential crews, to provide communication between the crews and the city representative. This contact information will be provided to the City representative. Contractor shall notify the city representative of the completion of work orders that occur outside of the normal working hours established by this section. 5. Contractor shall incorporate the City's work order system into their communication protocols. Work orders shall be closed as soon as practical to avoid disruption in payment. The Contractor shall provide devices that use either Android or Apple iOS operating system with internet access in the field. The City will provide the Contractor with a link to download and install the HiperWeb work order and asset management system. The Contractor shall utilize the app for day-to- day activities assigned by the City. Activities shall include, but may not be limited to, the following: a. Create work request b. View contractor's assigned work orders c. Complete work orders in the field d. Take before and after photos e. Record inspection results f. View work history g. Collect asset information at the City's request 6. Contractor shall provide a 30 cy dumpster to be maintained at the Public Works yard. The City shall pay fees associated with dumping only. 7. All debris removed in the execution of any work order or project shall be properly disposed of in accordance with all applicable local, state and federal regulation. Debris returned to the public works yard area for disposal shall be transferred immediately to the dumpster. If any question arises about disposal it will be the contractor responsibility to notify the City for instructions. Scattering or wasting debris along the right of way or edge of wood lines will not be permitted without prior approval. ITB I7-PW03 24 {fit 8. The Contractor shall maintain adequate traffic control in conformance with current GDOT and MUTCD standards Part 6 - Temporary Traffic Control while performing all maintenance tasks that require work in the right of way. All employees responsible for the implementation of work zones shall be IMSA Work Zone Certified. The Contractor shall provide all personal protection equipment for all employees. 9. Contractor shall appoint a Project Manager to attend weekly staff meetings. The Project Manager will be held responsible for quality control of his/her work force. The City will run random Q/C checks on work order completion quality. Any work order that has not been completed or deemed acceptable to the City shall be rejected by the City and shall not be closed until completed to the satisfaction of the City. 10. Levels of staff experience(must be obtained within 1 year of the Notice to Proceed): a. One staff member shall be IMSA Work Zone certified b. One staff member shall be IMSA Level II Signs and Markings certified 11. The Contractor will notify the City representative of any rotation of crew members a minimum of one (1) week prior any rotation. The rotation of certified staff with non -certified staff will not be permitted. Key staff members, as identified in the contract documents, may only be replaced as outlined in those documents. 12. The City reserves the right to require the replacement of any team members that the City determines do not meet the minimum educational, training or experience standards expected by the industry or by their actions and demeanor have failed to display the character and professionalism required by the City. 13. The City reserves the right to run background checks on any employees assigned to this project in the completion of the scope associated with this ITB. 14. The Project Manager shall be available, as reasonably required, to be on-site during necessary times. Such times shall be discussed between ITB 17-PW03 25 1 l.' age the Project Manager and the City, but the final required times will be at the City's discretion. 15. The Project Manager shall provide the City with a primary contact who shall be available to the City in person or by telephone on a twenty- four (24) hour basis, seven (7) days per week. 16. In the event that the designated Project Manager terminates employment with the Contractor, or is requested by the City to be removed from the role of Project Manager, the position shall be assumed by an individual with equivalent qualifications, experience, and knowledge. Such replacement shall require the City's prior approval. 17. The Contractor shall not replace the approved Project Manager without written approval of the City, which approval will not be unreasonably withheld. 18. The Contractor shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to all employees on the work site and other persons including, but not limited to, the general public who may be affected thereby. 19. The Contractor shall be expected to identify, open and complete certain work orders, as identified by the City, on -their own. B. Right -of -Way (ROW) & Roadway Maintenance The City currently maintains approximately 172 centerline miles of right-of-way in accordance with the following requirements: 1. Trimming of trees and brush that are up to 20 -feet in height and 6 - inches in caliper for safety and sight distance requirements. 2. Contractor shall have the manpower and equipment necessary to remove downed trees in the following manner: ITB 17-PW03 26 1 l' ;age a. Up to a 24" dbh tree that has fallen in the right of way. Contractor shall remove and dispose of the entire tree, b. Up to a 42" dbh tree the contractor shall have the ability to remove the tree and debris from the travel lane in a sufficient manner to reopen a road. Contractor may utilize a specialty tree removal contractor to dispose of the tree with the additional fee being paid by the City, c. Trees over 42" dbh may be handled by a specialty tree removal service hired by the City. Contractor shall make every effort to remove limbs and debris from the right of way but may utilize a specialty tree removal contractor to assist in the removal and to dispose of the tree with the additional fee being paid by the City. - 3. Repair Potholes, City provides cold patch material, in accordance with the following: a. Repair potholes, using current industry standards, to a maximum size of 3 feet by 3 feet and/or 6 inches deep. Some may require sawing and squaring. b. Spot patch edge of pavement failures, using current industry standards. Some may require a sawing and squaring and/or boxing out shoulder where failure started. 4. Repair Sidewalk/Curb and Gutter in accordance with the following: a. Contractor shall possess, as part of the designated team, the ability to repair sidewalk segments, curb and gutter, catch basin lids, etc... as directed by the City within 10 days. Contractor shall be prepared to demo, haul off and replace sub base when necessary. Sidewalk demolition and repair will be limited to 200 If per year, Curb and gutter demolition and repair will be limited to 100 If per year and the demolition and replacement of catch basin top (including both single wing and double wing type catch basins) will be limited to 10 per year. City may purchase the materials through the contractor or may purchase them separately. 5. Removal and proper disposal of animal carcasses from the right of way. 6. Removal and proper disposal of trash and debris within the right of ITB 17-PW03 27 1 P Acro way. 7. Special Event support. The Contractor will be required to provide assistance in setting up traffic control, set up and take down of event equipment and trash and debris control during the event for approximately 15 events per year. The largest event the City conducts is the Crabapple Festival which occurs the first Saturday in October and hosts approximately 20,000- 30,000 people. The Public Works Department is expected to establish all road closures and detour routes in the week preceding the event with the actual road closure occurring at 7pm on Friday night. During the event the Contractor world be expected to provide sufficient manpower to ensure the festival limits remain free and clear of all trash and debris. At the conclusion of the event the Contractor will be expected to assist the City in the removal of all traffic control devices from the right of way and final clean-up of the event area. The event ends at 5pm on Saturday and the vendors are usually out of the event area by 8 pm and our event closure is typically wrapped up by 9pm on Saturday. The City provides all of the traffic control equipment for this event. The Contractor will be expected to be able to transport and set up all traffic control equipment in the event area. The second major event is the Mayor's 5K which occurs in February every year and hosts approximately 500 runners. Staffing is generally required between Sam and 11am and the City provides all the traffic control equipment for this event. The Contractor would be expected to provide assistance with traffic control as well as clean up from the event. The operations plan is also included in Attachment A. The remaining events involve basic transport of event materials (i.e. minor traffic control, portable trash cans, podiums, etc...) trash pick- up during the event and clean-up after the event with an average event duration of 4 hours. The City provides all materials for these events. C. Storm Drain. Ditch Maintenance and other Right of Way Drainage Issues Contractor shall have responsibility for the following: ITB 17-PW03 2811.) age 1. Provide the equipment and labor for basic storm drain and ditch systems maintenance. • 2. Maintain line washing of drainage piping and culverts, vacuuming of curb inlets, catch basins and ditch lines as well as drop inlets for the storm drain system. Where a vac truck is required for these services the Contractor shall provide a daily price at the time of the request for the rental, operation and disposal of material. The vac truck must be available within 7 days of work order. 3. Ability to haul and place #3 & #4 stone, type II or III rip rap, or other aggregates as needed. 4. Maintain adequate reporting of areas being maintained within the City for NPDES Annual Reports as set forth by the City. 5. Various types of debris removal, inlet and catch basin repair, inlet and pipe grouting, minor excavation up to 6' down and/or around storm drain structures, excavating and repairing failed utility trenching or settling within the right of way, sodding, grassing and matting etc... It is anticipated that this work will be performed with equipment that is specifically required as part of this scope. 6. Backfilling of all excavation work will require proper compaction in lifts per City specifications. 7. Verify with the City all right of way and easement parameters to insure that work is not performed on private property. 8. Starting in 2018 provide storm drain inspection services of approximately 1,775 structures per year to assist in the overall maintenance of the storm water management system and 130 outfall inspections. These are visual inspections only. When necessary, provide water quality testing per NPDES requirements. City will pay lab fees associated with the testing. 9. Cross Drain Pipe Replacement. Contractor shall possess the experience and ability to replace cross drain piping of 24" or less on gravel roads. Materials and equipment that are not specifically required by this ITB 17-PWO3 291 P aun; scope but may be necessary to perform this task will be acquired separately by the City. D. Sign and Marking 1. General a. The City of Milton sign maintenance program will consist of, but may not be limited to, the following: L Sign Installation ii. Sign Cleaning iii. Sign Removal iv. Sign Replacement v. Trimming foliage around signs b. When necessary the Contractor will obtain all utility locates as required by Georgia law. This may also include staking of the sign location. c. Foliage trimmed away from around all signs shall be properly disposed of in accordance with local, state and federal regulations. Discarding in the right of way is not acceptable. 2. Materials a. Contractor shall provide all nuts, bolts, washers, tools and other equipment necessary to install signs to post and post to sleeve. b. City shall provide all signs, posts and sleeves. 3. Marking a. Contractor shall have the ability to layout and install preform type hot tape pavement markings, i.e, stop bars, text and short line repairs, etc... b. City will provide the equipment and material for this task. Contractor shall provide standard propane tanks for the equipment. E. Emergency Services 1. Contractor shall provide on-call emergency support to the City with any mission critical repairs at all hours outside of normal work hours, 7 days per week, 365 days per year with a response time of two hours. ITB 17-PWo3 30 1' GIgo These support services shall include but not limited to assistance with traffic control/detours, storm debris pickup, tree removal, winter storm preparation/snow removal, general labor related issues etc. 2. All red series signs that are damaged shall be replaced within two (2) hours of notification. 3. Contractor will provide manpower and equipment necessary to operate the City owned 6 cy spreader during winter operations. F. Equipment 1. Contractor shall equip all vehicles and crews with the necessary safety equipment and basic tools to perform the work outlined in this Scope. The basic tools should, at a minimum but may not be limited to, the following: a. Wrenches and sockets and other standard tools, b. Shovels, rakes, C. Hedge clippers / Hedge trimmers, d. Tree toppers, e. Post removal equipment, f. Post installation equipment, g. Chain saws, h. Level, L Graffiti removal products, and 2. Contractor shall provide sufficient equipment and traffic control devices to manage their work zones to accomplish the tasks outlines in this section. Contractor shall also provide sufficient traffic control devices to manage a two lane road closure for emergency operations. The City shall provide additional traffic control devices for special events and larger operations. 3. Provide a vehicle, designed to hold signs in a protected position, while providing adequate storage area for other equipment and debris without harm to the signs. Replacement cost will be covered in full by the Contractor for any sign damaged due to poor transportation to the job site. ITB 17-PW03 31 111 age 4. In addition to the basic equipment necessary to fulfill the scope of this contract the Contractor shall have available, at no additional charge to the contract, the following equipment and operators for use during normal operating hours and emergency operations: a. 1 full size rubber tire backhoe (Cat 416 or equivalent) b. 1 Dump Truck type vehicle large enough to pull full size backhoe and haul a 6 cy salt/sand spreader. (damp sand weighs approx. 3,240 lbs. per yard) c. Mid-size skid steer d. Jumping jack tamp e. Plate tamp - f. Concrete/Asphalt Cut-off saw 5. If a piece of equipment mentioned above is out of service, but is needed to complete a pending work order, then rental equipment is required at the Contractor's expense. Specialty equipment not identified as part of this scope may be acquired separately by the City. G. Pricing of Right of Way Maintenance The offeror is requested to provide a Five Year lump sum price for Right of way Maintenance. Provide line item costs in accordance with the requirements below. Prices shall be all inclusive of all costs to the City, including but not limited to labor, equipment, and expenses. Hourly rates shall be calculated only for time spent within the city limits. Travel to and from the City will not be included for hourly charges. H. Work Order History The work history is provided to give indicate the level of work experienced by the city in previous years. See Table 1.H.1 ITB 17-PW03 32 1 P age Table 1.H.1 - Work Order History O O N 0 N N O N Totals 101 26 5 60 554 103 41 6 26 4 23 543 32 92 15 L15 �n _ � C gpg �°U2 aY p YC EEli _ i £ 01 3 `�rIf +�s M 3 J m 0 1 0 86 9 0 0 0 0 0 32 0 t2 February 0 2 1 5 148 1 8 1 2 1 1 2 0 0 91 0 75 March 26 6 0 4 62 21 1 2 0 13 0 14 125 0 16 April 16 1 0 0 39 5 0 0 0 0 2 134 1 3 Nby 2 2 0 3 21 0 0 0 0 0 0 87 3 13 June 6 0 1 18 10 2 5 0 0 0 3 40 1 20 July 2 2 1 4 58 1 14 0 8 0 2 6 3 3 Au ust 5 1 0 12 87 4 10 1 2 0 1 8 5 4 September 1D Seolember D 4 12 7 2 0 0 1 0 5 4 0 October 4 5 1 6 7 15 1 2 1 1 1 6 6 3 November 1 1 0 1 7 1 3 2 0 2 0 2 4 0 pecember 5 6 0 3 17 20 2 1 0 D 0 7 5 3 Totals 101 26 5 60 554 103 41 6 26 4 23 543 32 92 15 tl. �} R'S g L`�R.� °C¢gyd`Oc9 3 m £�C �1. 2�.K i7 SLG £ # .. g3g S:$S m jartuary t4 0 1 0 2 3 7 0 0 0 0 0 8 0 February 6 1 7 0 0 8 11 1 2 0 0 0 1 11 0 March 27 10 7 1 4 10 16 1 1 3 0 1 9 2 N 7 7 3 0 7 3 3 3 1 1 1 0 15 4 Wy 3 2 1 6 7 2 8 6 0 1 6 0 13 6 June 8 4 1 0 8 7 5 3 0 0 1 0 6 4 Jul 2 0 0 0 5 8 4 2 0 1 1 0 10 3 twoust 2 0 1 0 4 0 6 4 0 0 0 1 6 3 Seolember 4 2 2 1 2 D 11 1 1 0 0 0 9 9 October 7 3 0 0 2 16 1 4 3 0 1 0 1 1411 Mvember 4 5 0 1 2 0 1 5 2 0 2 2 0 7 1t December 1 1 2 0 2 1 1 1 6 1 0 1 1 1 1 9 1 12 Totals 85 35 25 9 45 56 86 27 5 10 11 4 : 117 55 P January 1f 7 2 1 4 2 5 2 0 0 a D 20 9 February 9 1 9 D 1 38 2 6 0 0 0 1 2 9 3 March 11 7 1 12 5 2 7 5 0 0 a 1 6 6 ml B B 0 2 4 0 6 3 0 1 0 1 it 0 May 2 5 1 28 3 1 6 B 0 0 0 0 13 3 .lune 1 0 0 I 7 6 0 4 6 0 0 0 0 11 B JW 5 0 0 2 4 1 6 3 0 0 0 1 B 5 Ac cyst 0 0 0 D 16 0 5 11 0 2 0 1 4 12 September 7 0 0 0 2 2 12 9 0 2 0 1 3 13 October 4 6 0 0 3 2 13 9 0. 0. 0 0 31 24 t�olumber B 5 0 0 3 0 t9 2 0 1 0 0 i3 15 December 7 11 0 i 2 0 10 0 0 3 0 0 9 7 10ta15 f3 00 4 ou bu U 9y 00 0 B 1 1 140 1V0 ITB 17—PWQ3 33 1 P >i s t. Table 1.H.1 - Work Order History M r O N Totals 130 51 7 13 74 48 53 130 1 10 11 17 130 76 to 40, Mcn �Ct� a a 01tY YT 'c —j aaat Edsra ai uu V f' �:'tF C- c� C:0 � C:0 GO_� a Ec, 6i0 VZO 3: W0 x u0 C3� cy c0 CAD:.0 10Cue. tY E k�,. 00 m ai0 DC7 in `Q30 tay0 . c aO p 0w t.' a °` n,a o1.y;y >co } u Ea �a �cio �v n4a0k E4 * Z- vI a'Sr�w Hca u0'•ca�a ai r`y; y a - mea Cd 1` m � 0 es � U "113 � � 4k ; m 11 1 0 0 2 4 14 F 2 1 0 1 0 8 February9 JanLag 14 16 0 0 1 2 11 19 0 1 3 1 2 4 4 February 17 2 0 1 2 4 10 11 0 I 1 1 2 5 5 March 9 2 0 0 2 3 12 10 0 0 0 2 12 7 April 6 9 0 0 10 3 0 18 0 0 1 0 21 13 j May 16 3 1 1 0 4 0 0 0 2 1 1 21 10 June 10 2 0 7 14 6 6 2 0 0 0 4 6 2 July 27 2 1 0 13 13 5 5 0 0 3 2 13 6 August 8 5 2 0 12 1 3 7 ( 0 2 1 3 19 8 September 3 3 1 1 11 2 1 4 0 1 1 1 5 2 October 2 2 2 2 5 5 2 16 1 0 1 0 7 7 November 2 0 0 1 3 3 1 21 0 0 0 0 6 2 December 1 16 5 0 0 1 1 2 2 17 ( 0 1 1 0 11 10 Totals 130 51 7 13 74 48 53 130 1 10 11 17 130 76 Totals 111 52 6 9 91 58 76 100 4 11 7 16 250 107 ITB 17-PW03 34 1 P ' O ;�0 4i5c C 0 , -s. _as ayvm`^4 ' . c u. C,0s - a0i a Ec, O k0 a0 d3 m vw ol > E =r a 0 ic O , Vic -o 0 c � E0E . 00 U— �cc«c 4 �4e- vvt-o' .a January 11 1 0 0 2 4 14 it 2 1 0 1 11 8 February9 3 4 3 2 6 0 9 0 0 0 1 14 9 March 28 14 1 D 1 4 0 6 0 1 0 2 16 8 April 21 8 1 1 1 2 10 3 2 4 3 4 5 5 May 10 2 0 0 9 1 2 18 1 0 3 2 2 11 7 June 7 6 0 0 14 9 2 6 0 1 1 2 23 11 I MY 4 7 0 1 0 39 5 3 7 0 0 0 1 43 8 I August 3 1 0 0 4 3 0 6 0 0 0 1 1 15 9 September 5 1 0 2 8 9 3 8 0 1 0 1 2 27 October 3 3 0 2 6 8 2 7 0 0 0 1 8 10 November 4 5 0 1 2 4 16 23 0 D 0 0 H35 4 December 6 1 0 0 3 2 8 t3 D 0 1 0 1 Totals 111 52 6 9 91 58 76 100 4 11 7 16 250 107 ITB 17-PW03 34 1 P ' Table 1.H.1 - Work Order History N T O N O N Totals 128 34 2 12 74 51 50 113 0 25 14 16 124 68 "0 a 5. t atlf_ oaoO ^ j ad o, E 9 U:4 C. C•U c�rY �- aC- Fr C. too U!. C C CQ u 4, MZO d0 � � _c *L' C p� d7 � ±; i2 � 4=,,>ma 'g C C I �. � � E t > .- � ,�+ Laf. 5 — 47 � �Q0 i esU C? C 1] t U} C ;'a' iII rT Ct ?'. M 0;� t t » D, Ip *y} � �+ Ta ;�+� 0,.Q �7 X.0 � t Q [.. 5%1 � } j a... L. a. � : a 0) Y `. -C IS 1"~'y lc is C Q W. } '�'` ¢,) Q . o _� :i. `-' a a'� ±a �1n°n`w1 w� n L ti Qyos maYa <a Q V' �i ua '�. v t✓i my 2c �� Q�v :NCl fly# a OE :C., e. fJ January 14 4 0 1 0 3 2 2 8 1 0 3 1 0 1 23 13 February 12 0 0 1 3 5 0 9 0 3 0 2 8 6 March 35 2 1 0 0 2 16 14 0 0 1 0 8 4 April 12 3 1 1 2 1 5 6 0 0 2 0 8 9 May 7 1 0 0 8 5 1 10 0 2 0 1 3 3 June 9 0 0 0 8 11 0 4 0 4 1 2 12 3 July 1 10 1 4 0 2 11 8 2 6 0 1 0 2 4 2 August 6 3 0 1 3 11 41 0 3 1 0 4 2 3 19 11 September 4 5 0 3 9 4 4 7 0 2 2 3 7 5 October 11 6 0 1 5 2 14 13 0 3 2 2 4 2 November 2 5 0 1 8 3 6 11 0 3 2 0 21 5 December 6 1 0 0 6 4 0 22 0 0 2 0 7 5 Totals 128 34 2 12 74 51 50 113 0 25 14 16 124 68 Totals 84 40 5 4 42 23 34 64 3 6 13 3 73 42 [End of Work Order History] ITB 17-PW03 351 P ,I g e . u^I 7_ R U W ' " M N ar. +n 'C '- ro> m oa E— .., A W yU C: N a3- u .^. U N ar U ta 0 C- gr C_ t CO... r t ur3 Q°� v�' i0 tY0 X3 9,0 9,0 arto Ho �'E� �>0 Eor c>£ ¢oc �a wC0 iora0 +art} `gar$ ;�+� ar�0 uta X.0 N0 .2O acid `arm >CQ �E6 t3a �E �Q ¢ar� I�0 4�0 E¢ 4. o _� :i. `-' las r� V C4T t�iCa Cp rop Q & Fa to 1 v Q�v :NCl fly# a OE :C., 1✓ < a January 9 1 3 2 1 0 1 7 1 19 1 0 1 1 1 12 5 February 37 1 3 2 0 5 3 1 0 7 0 1 4 0 6 5 March 17 7 0 1 i 0 15 15 0 1 4 1 7 10 April 6 7 0 0 3 0 6 2 0 0 1 1 20 10 May 2 2 0 1 8 0 0 4 0 1 0 0 3 1 June 10 10 1 2 18 6 0 6 1 1 3 0 15 7 July 3 8 0 0 6 7 12 11 2 1 1 0 0 10 4 August September October November December Totals 84 40 5 4 42 23 34 64 3 6 13 3 73 42 [End of Work Order History] ITB 17-PW03 351 P ,I g e . STANDARD SAMPLE CONTRACT Included for Reference Only City reserves the right to make changes to this contract PUBLIC WORKS MULTI -PROJECT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 20_ [INSERT DATE] (the "Effective Date'l, by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City', and [INSERT FULL LEGAL NAME OF CONTRACTOR], a [INSERT STATE WHERE CONTRACTOR ENTITY WAS FORMED (E.G., GEORGIA) AND THE TYPE OF ENTITY (E.G., CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, ETC.)], (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Contractor to provide public works services in one or more Project(s) (defined below); and WHEREAS, Contractor 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, Contractor has familiarized itself with the nature and extent of the Agreement, the Project(s), 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: SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" —City Solicitation Documents Exhibit '13" — Contractor Response/Proposal Exhibit "C.1" — Project 1 Scope of Work Exhibit "C.2" — Project 2 Scope of Work Exhibit "C.3" — Project 3 Scope of Work Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit Exhibit "F" — Key Personnel Exhibit "G.1" — Performance Bond Exhibit "G.2" — Payment Bond Exhibit "H" — Non -Collusion Affidavit B. Project Description. This Agreement contemplates multiple separate "Projects," each subject to the general terms of this Agreement and each described in a separate Scope of Work at Exhibit "C." C. The Work. The Work to be completed under this Agreement (the "Work's includes, but shall not be limited to, the work described in each Project Scope of Work provided in Exhibit "C", attached hereto ITB 17-PW03 36 1 1' age and incorporated herein by reference. Unless otherwise stated in Exhibit "C", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Timing and Term of Agreement. 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. The term of this Agreement ("Term") shall commence as of the Effective Date, and the Agreement shall terminate, on September 30, 2017, unless sooner terminated as provided herein. This Agreement shall automatically renew for an additional twelve (12) month term unless either party provides written notice of nonrenewal at least thirty (30) days prior to the expiration of the current term. The Lease Agreement shall automatically renew no more than [insert number of terms] times. II. WORK ORDERS A. Work Order Defined. In addition to the basic services specified in each Project's Scope of Work, the City may issue orders ("Work Orders') requesting performance of specific items of Work at unit prices established by this Agreement. B. Issuance of Work Orders. The City's Representative, as Identified herein, shall be authorized to act on the City's behalf with respect to Work Orders. All Work Orders shall be in writing and issued by the City's Representative or his or her delegate, and accepted in writing by the Contractor's Representative or his or her delegate. Each Work Order shall specifically identify the location and nature of the requested Work. Before accepting a Work Order reasonably expected to involve more than $5,000 of Work, the Contractor shall provide a cost estimate. A revised cost estimate must be approved in writing by the City's Representative before Contractor may exceed the initially -estimated price for the Work. The City shall follow its procurement policy in processing Work Orders. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with ail 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 Work performed compared to Work ordered shall be clearly communicated to City before charges are incurred and necessary changes shall be handled through Work Orders as described in Section II above. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff. B. Proiect Price. The amount paid under each Project for Work performed and reimbursement for costs incurred shall be the price for the basic work, as set forth in Exhibit "C", plus the cost of performing all approved Work Orders at the unit prices set forth in Exhibit "C". IV. PERFORMANCE REVIEW A. Performance Monitoring. City may inspect the timeliness and quality of Contractor's Work at any time. If City notifies Contractor of any improperly -performed Work or late performance of Work, Contractor shall correct the deficiencies at no additional cost to the City. B. Performance Review Meetings. Representatives for City and Contractor shall meet regularly every three months to review Work performance, at no additional cost to City. In the event of a serious or repetitive deficiency, the City may inform Contractor that it is on Probation status; while on such status, Cityand Contractor shall meet every month to review performance, at no additional cost to City, Contractor shall remain on Probation status until two successive months of acceptable performance have elapsed. ITB 17-PW03 3711? ag,-, C. Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer loss, inconvenience and additional administrative burden if the Work is not completed timely and properly. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed as required. If the City reasonably determines that the Contractor's performance deficiencies have not been solved by the end of any month while on Probation status, the City shall so inform the Contractor at the monthly meeting. As liquidated damages for nonperformance (but not as a penalty), the City shall be entitled to 10% of the Project's invoiced bill for the month in question. If, at the end of the Term, the Contractor has spent fewer than three months of the Term on Probation status and is not then on Probation status, the City shall refund any liquidated damages amounts withheld to the Contractor. This liquidated damages provision shall not take the place of any of City's other contractual rights, including the right to terminate this Agreement for cause. D. Replacement of Unsatisfactory Workers. Contractor shall promptly remove and permanently replace any employee or subcontractor declared by the City to be unsuitable to provide Work under this Agreement, Including for reasons of chronic tardiness or absenteeism, improper job attire, unprofessional attitude or behavior, or demonstrated inabilityor unwillingness to properly perform Work. The City shall have absolute discretion in making this determination, provided it does not act in bad faith. Contractor's failure to comply with this provision shall constitute a material breach of this Agreement. V. COVENANTS OF CONTRACTOR A. Expertise of Contractor; Licenses, Certification and Permits. Contractor 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 uPdertaken by Contractor under this Agreement. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of 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 contracted for under this Agreement. Further, Contractor 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 Contractor as a result of not meeting the applicable standard of care or quality will be provided by Contractor at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's profession and industry, Contractor will give written notice immediately to City. C. City's Reliance on the Work. Contractor acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City bears no responsibility for Contractor's Work performed under this Agreement. Contractor 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. D. Contractor's Reliance on Submissions by City. Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Contractor's Representative. [INSERT NAME] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative, provided ITB 17-PWO3 38111 age, that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Contractor 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, Contractor shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility. of Contractor and Indemnification of City. 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 City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, 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 Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor 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 Contractor or other persons employed or utilized by the Contractor 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 Contractor, its subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor 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 Paq(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. Contractor 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 Contractor or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. 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 of Contractors, 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. Contractor 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 Contractor. Any provisions of this Agreement that may appear to give City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of 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 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. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of 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. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. ITB 17-PW03 391 P age Insurance. (1) Requirements: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Contractor, 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: Contractor 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 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. If a general aggregate limit applies, the general aggregate limit shall be at least twice the required occurrence limit. (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. [Required if any professional services will be provided.] (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 Contractor is a sole proprietor, who is otherwise not entWed to coverage under Georgia's Workers' Compensation Act, Contractor 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, Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ ( ) [INSERT AMOUNT OF COVERAGE REQUIRED, IF ANY, OR STATE "N/A" IF NOT APPLICABLE] per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. [CITY MAY INCLUDE OTHER INSURANCE REQUIREMENTS, DEPENDING UPON THE TYPE OF PROJECT AT ISSUE (E.G., EMPLOYEE DISHONESTY/ CRIMES COVERAGE IF CONTRACTORS HAVE ACCESS TO CITY BUILDINGS).] (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Contractor; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, ITB 17-PW03 4011.) a g e the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, Contractors, 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 Contractor; products and completed operations of Contractor; premises owned, leased, or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. 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 Contractor to provide liability insurance coverage to any - Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Contractor's Insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Contractor'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 Contractor'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 Contractor for City. (vii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Contractor under the terms of this Agreement, including but not limited to Section V(G) of this Agreement. (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 Contractor 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 - ITB 17-PW03 411 1? a --- 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) If higher limits are maintained by Contractor than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Contractor. (5) Acceptability of Insurers: The insurance to be maintained by Contractor 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 Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor 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, Contractor 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 Contractor'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. Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. Contractor's Duty to Provide Notice of Reduction in Coverage: Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Contractor shall require the same notice to the City in all subcontractor contracts. U8 Subcontractors: Contractor 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. u Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, 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 Contractor shall not be construed as relieving Contractor or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Bonds. If one or more Projects of this Agreement involve city road maintenance or repair ITB 17-PW03 42 1 P a g e services, the Contractor shall provide Performance and Payment bonds on the forms attached hereto as "Exhibits G.1 and G.2" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). Bonds shall be maintained in the minimum amount of $50,000.00. If the value of the Contractor's Work relating to road maintenance or repair services in a given Term exceeds $50,000.00, the bonded amount shall be increased accordingly to meet 100% of the value of the Work relating to road maintenance or repair in that Term. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. K. Non -Collusion Affidavit. If one or more Projects of this Agreement involve city road maintenance or repair services, the Contractor's officers, partners or employees responsible for bidding for the Work (as may be required to comply with O.C.G.A § 32-4-122 and § 36-91-21(e)) shall complete and return to City the Non -Collusion Affidavit attached hereto as "Exhibit H." L. 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) Contractor shall provide evidence =on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the [-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as [-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) Contractor 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; or (3) If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b)(5) Contractor shall provide a copy of Contractor's state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City, or provided 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, or provided City with the appropriate state issued identification as noted in sub -subsection (3) 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. § 1310-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or ITB 17-Pwo3 43 11' no_; Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Contractor's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Contractor shall be liable for all damages and delays occasioned by City thereby. Contractor agrees that the employee -number category designated below is applicable to Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. 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, Contractor will secure from the subcontractor(s) such subcontractor(sD indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. M. Records, 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 Contractor 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 Contractor 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, Contractor 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, Contractor shall make available to City or City's representative(s) for examination all Records. Contractor will permit City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor 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, Contractor shall permit City or City's ITB 17-PW03 44 1 P age representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor'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. N. 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 Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify City. If City determines that a conflict of interest exists, City may require that Contractor 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 Contractor when such services were performed while a conflict of interest existed if Contractor 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. Contractor 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. Contractor 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 -Contractor under a contract to the prime Contractor or higher tier sub -Contractor, or any person associated therewith, as an inducement for the award of a subcontract or order. O. Confidentiality. Contractor 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, Contractors, and/or staff to likewise protect such confidential information. Contractor agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor 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. P. Key Personnel. All of the individuals identified in exhibit -V, 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 Contractor's Project Manager or members of the Project team, as listed in Exhibit •F", without written approval of City. Contractor recognizes that the composition of this team was instrumental in City's decision to award the Work to Contractor 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 Contractor's obligations under this Agreement and shall be grounds for termination. Q. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor's 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. ITB 17-PWO3 45 1.1.1 aae R. 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 Contractor ("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 Contractor 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 Contractor may retain a copy of any deliverables for its records. Contractor 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, Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. S. 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, 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. VI. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Contractor and all necessary equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. [INSERT NAME] shall be authorized to act on City's behalf with respect to the Work as City's designated representative on this Agreement; provided that any changes to the terms of this Agreement must be made in writing as provided in Section VIIIA above. VII. 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. Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay Contractor within thirty (30) calendar days of Contractor providing City with notice of a delinquent payment and an opportunity to cure. In the event of Contractor's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Contractor fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Contractor for the costs of curing the default against any sums due or which become due to Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Payment Upon Termination. Upon termination, City shall provide for payment to Contractor 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 Project Price for the applicable Project. D. 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 VII(A) above. E. Requirements Upon Termination. Upon termination, Contractor 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, ITB 17-PWO3 46 summaries, and such other information and materials as may have been generated or used by Contractor in performing this Agreement, whether completed or in process, in the form specified by City. F. Reservation of Rights and Remedies. The rights and remedies of City and Contractor provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VIII, MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only in a written document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. D. Captions and Severablilty. 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, Contractor 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 Contractor provides evidence that no such license is required. F. Notices. ITB 17-PW03 Ll 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 Contractor's Representative (named above) for Contractor. 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 (Z) 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 4711.)ag;e 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: [INSERT CONTACT INFORMATION/ADDRESS] f..s'vtt> S/1/ 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 Contractor 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 Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal contractual liability, except where Contractor is a sole proprietor. The Parties agree that, except where Contractor is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Contractor or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, Contractors, 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. Contractor represents that it has reviewed and become familiar with this Agreement. 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 Contractor 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 ITB 17-PW03 48 1 P a�e. 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 CONTRACTOR; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Contractor'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 Contractor have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] ITB 17-PW03 49111 w o CONTRACTOR: Georgia Management Agency, Inc [INSERT FULL LEGAL NAME OF CONTRACTOR] Signature Print Name: Louis S Ehrenhalt Ti tle: CII�GLEQNE] LsrBice President (Corporation) General Partner (Partnership/Limited Partnership) Member/Manager (LLC) Owner (Sole Proprietorship/Individual) [CORPORATE SEAL] (required if corporation) Attest/Witness: Signature: - Print Nam , Title: _ (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 ITB 17-PW03 50 1 P age EXHIBIT "A" [Insert City Solicitation Documents] ITB 17-PW03 51 ! 11 age [Insert Contractor Response/Proposal] To: PURCHASING OFFICE 1300 Deerfield Pkwy, Suite 107F Milton, Ga. 30040 Ladies and Gentlemen: In compliance with your invitation to bid, the undersigned, hereinafter termed the bidder, proposes to enter into a contract with the city of Milton, Georgia, to provide the necessary, machinery, tools, apparatus, and or other means of execution required to complete the work specified as set forth for: BID NUMBER: 17-P W 03 The bidder has carefully examined and fully understands the contract, specifications, and other documents hereto attached, and has made a personal examination of the site(s) of the of the proposed work, has satisfied himself as to the actual conditions and requirements of the work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City Of Milton in full conformance with the contract documents. Unless otherwise directed, all work performed shall be in accordance with work orders issued by the city of Milton public works department. The bidder, Roadworx, will furnish the necessary equipment, personnel, and expertise to execute work orders in a timely manner. Four full-time workers plus one supervisor will be made available five days per week spanning 40 hours. The proprietor of Roadworx, Lou Ehrenhalt, and or the general superintendent David McHan, will be available on an on call basis for additional supervisory support as needed and to attend meetings as required. In addition to requisite equipment for execution of work orders, the crew supervisor will have at his disposal, means to close and or update work orders electronically, in real time, on a mobile basis. The bidder further proposes and agrees hereby to promptly commence the work with adequate force and equipment within 10 calendar days from the receipt of a "notice to proceed" and to sustain such work as agreed to in this bid for the duration of the contracted period. ITB 17-PW03 521 P age [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT `% " 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: 330123 I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on January, _25, 2017_ in Roswell(city), Date of Authorization: 03/2000 --Ga—(state). Name of Contractor: Georgia Signature of Authorized Officer or Agent Management Agency Right of Way Maintenance Printed Name and Title of Authorized Officer or Name of Project Agent City of Milton Name of Public Employer SUBSCRIBED /SND SWORN ORE ME ON THIS THE i DAY OFV' sdjc6e 201-Z TARY PUBLIC 011111111 fit ti [NOTAR''�......,� rr� l• ~ O My Commission tx s: � ITB 17-PW03rq Cag EXHIBIT "C.1" 1. Proiect Name: Right of Way 2. Proiect Price: a. Proiect Price. The total amount paid for this Project as compensatio for Work performed and reimbursement for costs incurred shall be as follows: [SPECIFY HOURLY RATE, FIAT FEE, OR OTHER BASIS FOR CALCULATING P ICE]. b. Reimbursement for Costs. The Project Price set forth above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: [CHECK ONE] o There shall be no reimbursement for costs. n Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail, and photocopying charges and time shall be billed at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be billed at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. In no event sh Jl the total reimbursement for costs incurred during a particular month exceed e0 [INSERT PERCENTAGE IF BOX CHECKED FOR THIS PARAGRAPH] percent of the total amount due for Work for that particular month. 3. Scone of Work: B. Right -of -Way (ROW) & Roadway Maintenance The City currently maintains approximately 172 centerline miles of right-of-way in accordance with the following requirements: 1. Trimming of trees and brush that are up to 20 -feet in height and 6 -inches in caliper for safety and sight distance requirements. 2. Contractor shall have the manpower and equipment necessary to remove downed trees in the following manner: ITB 17-PW03 26 1 P age a. Up to a 24" dbh tree that has fallen in the right of way. Contractor shall remove and dispose of the entire tree, b. Up to a 42" dbh tree the contractor shall have the ability to remove the tree and debris from the travel lane in a sufficient manner to reopen a road. Contractor may utilize a specialty tree removal contractor to dispose of the tree with the additional fee being paid by the City, c.Trees over 42" dbh may be handled by a specialty tree removal service hired by the City. Contractor shall make every effort to remove limbs and debris from the right of way but may utilize a specialty tree removal contractor to assist in the removal and to dispose of the tree with the additional fee being paid by the City. 3. Repair Potholes, City provides cold patch material, in accordance with the following: a. Repair potholes, using current industry standards, to a maximum size of 3 feet by 3 feet and/or 6 inches deep. Some may require sawing and squaring. b. Spot patch edge of pavement failures, using current industry standards. Some may require a sawing and squaring and/or boxing out shoulder where failure started. 4. Repair Sidewalk/Curb and Cutter in accordance with the following: a. Contractor shall possess, as part of the designated team, the ability to repair sidewalk segments, curb and gutter, catch basin lids, etc... as directed by the City within 10 days. Contractor shall be prepared to demo, haul off and replace sub base when necessary. Sidewalk demolition and repair will be limited to 200 If per year, Curb and gutter demolition and repair will be limited to 100 If per year and the demolition and replacement of catch basin top (including both single wing and double wing type catch basins) will be limited to 10 per year. City may purchase the materials through the contractor or may purchase them separately. 5. Removal and proper disposal of animal carcasses from the right of way. 6. Removal and proper disposal of trash and debris within the right of ITB 17-PW03 27 ! P age 7. Special Event support. The Contractor will be required to provide assistance in setting up traffic control, set up and take down of event equipment and trash and debris control during the event for approximately 15 events per year. The largest event the City conducts is the Crabapple Festival which occurs the first Saturday in October and hosts approximately 20,000-,30,000 people. The Public Works Department is expected to establish all road closures and detour routes in the week preceding the event with the actual road closure occurring at 7pm on Friday night. During the event the Contractor would be expected to provide sufficient manpower to ensure the festival limits remain free and clear of all trash and debris. At the conclusion of the event the Contractor will be expected to assist the City in the removal of all traffic control devices from the right of way and final clean-up of the event area. The event ends at 5pm on Saturday and the vendors are usually out of the event area by 8 pm and our event closure is typically wrapped up by 9pm on Saturday. The City provides all of the traffic control equipment for this event. The Contractor will be expected to be able to transport and set up all traffic control equipment in the event area. The second major event is the Mayor's 5K which occurs in February every year and hosts approximately 500 runners. Staffing is generally required between 5am and 11am and the City provides all the traffic control equipment for this event. The Contractor would be expected to provide assistance with traffic control as well as clean up from the event. The operations plan is also included in Attachment A. The remaining events involve basic transport of event materials (i.e. minor traffic control, portable trash cans, podiums, etc...) trash pick -.up during the event and clean-up after the event with an average event duration of 4 hours. The City provides all materials for these events.ITB 17-PWO3 53 1 P age EXHIBIT "C,2" 1. Project Name: Storm Drain, Ditch Maintenance and other Right of Way Drainage Issues 2. Project Price: a. Project Price. The total amount paid for this Project as compensation for Work performed and reimbursement for costs incurred shall be as follows: [SPECIFY HOURLY RATE, FLAT FEE, OR OTHER BASIS FOR CALCULATING PRICE]. b. Reimbursement for Costs. The Project Price set forth above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: [CHECK ONE] o There shall be no reimbursement for costs. n Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail, and photocopying charges and time shall be billed at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be billed at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. In no event shall the total reimbursement for costs incurred during a particular month 411, [INSERT PERCENTAGE IF BOX CHECKED FOR THIS PARAGRAPH] p rce oftotal amount due for Work for that particular month. 3. Scope of Work: 1. Provide the equipment and labor for basic storm drain and ditch systems maintenance. 2. Maintain line washing of drainage piping and culverts, vacuuming of curb inlets, catch basins and ditch lines as well as drop inlets for the storm drain system. Where a vac truck is required for these services the Contractor shall provide a daily price at the time of the request for the rental, operation and disposal of material. The vac truck must be available within 7 days of work order. 3. Ability to haul and place #3 & #4 stone, type II or III rip rap, or other aggregates as needed. 4. Maintain adequate reporting of areas being maintained within the City for NPDES Annual Reports as set forth by the City. 5. Various types of debris removal, inlet and catch basin repair, inlet and pipe grouting, minor excavation up to 6' down and/or around storm drain structures, excavating and repairing failed utility trenching or settling within the right of way, sodding, grassing and matting etc... It is anticipated that this work will be performed with equipment that is specifically required as part of this scope. 6. Backfilling of all excavation work will require proper compaction in lifts per City specifications. 7. Verify with the City all right of way and easement parameters to insure that work is not performed on private property. 8. Starting in 2018 provide storm drain inspection services of approximately 1,775 structures per year to assist in the overall maintenance of the storm water management system and 130 outfall inspections. These are visual inspections only. When necessary, provide water quality testing per NPDES requirements. City will pay lab fees associated with the testing. 9. Cross Drain Pipe Replacement. Contractor shall possess the experience and ability to replace cross drain piping of 24" or less on gravel roads. Materials and equipment that are not specifically required by this ITB 17-PW03 29 1 P age scope but may be necessary to perform this task will be acquired separately by the City.ITB 17-PWO3 54 1 P a,ye EXHIBIT "C.3" 1. Protect Name: Sign and Marking & Emeregency Services 2. Prosect Price: a. Proiect Price. The total amount paid for this Project as compensat'on for Work performed and reimbursement for costs incurred shall be as follows: [SPECIFY HOURLY RATE, FLAT FEE, OR OTHER BASIS FOR CALCU TING P ICE]. b. Reimbursement for Costs. The Project Price set forth above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: [CHECK ONE] o There shall be no reimbursement for costs. n Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail, and photocopying charges and time shall be billed at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts shall be billed at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. In no event steal the total reimbursement for costs incurred during a particular month exceed [INSERT PERCENTAGE IF BOX CHECKED FOR THIS PARAGRAPH] percent of the total amount due for Work for that particular month. 3. Scope of Work: We are familiar with the art of making and installing signs in municipalities We have performed this task far aver 7 years We have the capability of making signs locally and sta4ie all vinyls and metal in house We can make signs of all sizes un to a 3Vx36" sign. We g9ck most popular signs already made and ready for install. STATE OF COUNTY OF EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 330123 I hereby declare under penalty of perjury that the foregoing is true and correct. Federal Work Authorization User Identification Number March 2001 Executed on , 20,n Date of Authorization Georgia Management Agency, Inn. Name of Contractor ROW 17-PW03 Name of Project City of Milton, Georgia Name of Public EmDlover (city), (state). nature of Authoriz Officer or Agent Louis S Ebrenhalt President 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: ITB 17-PWO3 561 P age STATE OF COUNTY OF EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (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 A>athorization User Identification Number _ dl Date o— f A Authorization /c� Name of Subcontractor (INSERT NAME OF PROJECTI Name of Project Ch of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Exec ed on 2gte). (a ), Si§'nature of AutKorized Officer or'Agent Pr rated Na�iie 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: ITB 17-PW43 57 1 t' abe EXHIBIT" P" The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: [INSERT KEY PERSONNEL BELOW, OR INDICATE "N/A'j Individual Position ITB 17-PW03 Lou Ehrenhalt President David McHan Project Manager Steve Reaves Foreman Roy Culberson Truck Driver Craig Newton Operator Terrell Dickerson Laborer Page 58 EXHIBIT "G.1" PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the "Principal'I, and (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"}, are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City'), for the use and benefit of the City, in the sum of Dollars ($ _}, lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the project known as (hereinafter referred to as "the PROJECT"}, which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT',. NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and- all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings ITB 17-PW03 591 P age: under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. S I G N ATURES ON FOLLOWING PAGE] CONTRACTOR ("Principal"): By: (signature) (print) Title: (SEAL) Attest: Date: (signature) (print) Title: Date: CONTRACTOR'S SURETY: By: (signature) (print) ITB 17-PWO3 601 Pa g Attest: (signature) (Pint) Title: Date: T i t l e: ( S E A L) Date: (ATTACH SURETY'S POWER OF ATTORNEY) ITB 17-PW03 61 F' age EXHIBIT "G.2" PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT (as CONTRACTOR, hereinafter referred to as the "Principal"), and (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SUREIY'D, are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City', for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Dollars ($ ._), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for a project known as (hereinafter referred to as "the PROJECT', which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT'. NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Project, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Project, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. ITB 17-PW03 621 P a g e IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. Attest: (signature) (printed) Title: Date: Attest: (signature) (printed) Title: Date: [SIGNATURES ON FOLLOWING PAGE] CONTRACTOR: By: (signature) (printed) Title: (SEAL) Date: CONTRACTOR'S SURETY: By: (signature) (printed) Title: (SEW-) Date: (ATTACH SURETY'S POWER OF ATTORNEY) ITB 17-PW03 63 1 P age STATE OF COUNTY OF EXHIBIT"H" NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER/BIDDER , being first duly sworn, deposes and says that: (1) He/she is e4g: (Owner, Partnerf ice epresentative, or Agent) of G *� (the "Bidder's that has subm� ed the attached bid/proposal (the (2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham bid/proposal; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder/proposer, firm or person to submit a collusive or sham bid/proposer in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding/proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder/proposer, firm or person to fix the price or prices in the attached Bid or of any other bidder/proposer, or to fix any overhead, profit or cost element of the price of any other bidder/proposer or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (6) Bidder has not directly or indirectly violated O.C.G.A. § 36-91-21(d). Fr SUBSCRIBED AND SWORN BEFORE ME ON THIS THE gnature of AuthonzedrOfficer �or Ag�en2M DAY OF2 , 2pL7. Printed Name and Title of Authorized Officer or Notary Public, Agent 0j1111111111 [NOTARY SE'�,C,PRQ "ti, My Corizm p Y • Q y O col/1�,� ITB 17-PWO3 64111 aae EXHIBIT "C" 1. Proiect Price: The total amount paid for this Project as compensation for Basic Work shall be as follows: Item Annual Cost 5 Year Price Unit 2017 * 2018 2019 2020 2021 vehicle and basic Labor $299,850 $308,846 $318,111 $327,654 $337,484 $1,591,945 Equipment $44,164 $45,489 $46,854 $48,260 $49,708 $234,475 Annual Total $344,014 $354,335 $364,965 $375,914 $387,192 $1,826,420 5 Year Cost for Basic Work $ $1,826,420 *2017 costs shall be prorated from the date of the issuance of a Notice to Proceed until the end of the fiscal year, September 30, 2017, based on the annual rate of $344,014 or a monthly rate of $28,667.83. Reimbursement for Costs Associated with Basic Work: The Project Price set forth above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and no separate reimbursement will be made for costs except as specifically agreed in advance via a Work Order. 2. Supplemental Work: Item #f Item Cost Unit Two Man Crew w/ a 1 vehicle and basic $135.00 Per Crew Hour tools and equipment 2 General Laborer $32.00 Per Hour Reimbursement for Costs Associate with Supplemental Work: Except as specifically agreed in advance through a Supplemental Work Order, there shall be no reimbursement for costs for Supplemental Work. All labor hour prices above include associated costs. 3. Scope of Work: See Exhibit "A", "Scope of Services: Right of Way Maintenance" section. EXHIBIT "D" STATE OF COUNTY OF 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: I hereby declare under penalty of perjury that the [NOTARY SEAL] My Commission Expires: foregoing is true and correct. Federal Work Authorization User Identification Number Executed on 20 in (city), (state). Date of Authorization Signature of Authorized Officer or Agent Georgia Management Agency Inc Name of Contractor Printed Name and Title of Authorized Officer or Right of Way Maintenance Agent Name of Project SUBSCRIBED AND SWORN BEFORE ME City of Milton, Georgia ON THIS THE DAY OF 20_: Name of Public Employer NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: STATE OF COUNTY OF EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Georgia Management Agency, Inc. on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the foregoing is true and correct. Federal Work Authorization User Identification Number Executed on 20_ in (city), (state). Date of Authorization Signature of Authorized Officer or Agent Name of Subcontractor Printed Name and Title of Authorized Officer or Right of Way Maintenance Agent Name of Project SUBSCRIBED AND SWORN BEFORE ME City of Milton, Georgia ON THIS THE DAY OF 20_, Name of Public Employer NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "F" The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: [INSERT KEY PERSONNEL BELOW, OR INDICATE "N/A"] Individual Position N/A , Project Manager EXHIBIT "G.1" PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT referred to as the "Principal"), and (as CONTRACTOR, hereinafter (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the sum of fifty thousand Dollars ($50,000.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the project known as Right of Way Maintenance Services (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT") NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract: a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact, as set forth below. [SIGNATURES ON FOLLOWING PAGE] Attest: (signature) (print) Title: Date: Attest: (signature) (print) Title: Date: CONTRACTOR ("Principal"): By: (signature) (print) Title: (SEAL) Date: CONTRACTOR'S SURETY: By: Title: Date: (ATTACH SURETY'S POWER OF ATTORNEY) (signature) (print) (SEAL) EXHIBIT "G.2" PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT referred to as the "Principal"), and (as CONTRACTOR, hereinafter (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of fifty thousand Dollars ($50,000.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for a project known as Right of Way Maintenance Services (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT") NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Project, then this obligation shall be void; otherwise to remain in full force and effect. A "Claimant" shall be defined herein as any Subcontractor, person, Party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Project, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] Attest: (signature) (printed) Title: Date: Attest: (signature) (printed) Title: Date: CONTRACTOR: By: Title: Date: CONTRACTOR'S SURETY: (signature) (printed) (SEAL) By: (signature) (printed) Title: (SEAL) Date: (ATTACH SURETY'S POWER OF ATTORNEY) STATE OF COUNTY OF (1) He/she is M EXHIBIT "H" NON -COLLUSION AFFIDAVIT OF PRIME PROPOSER/BIDDER being first duly sworn, deposes and says that: (Owner, Partner, Officer, Representative, or Agent) of (the "Bidder") that has submitted the attached bid/proposal (the (2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham bid/proposal; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including in this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder/proposer, firm or person to submit a collusive or sham bid/proposer in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding/proposing in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder/proposer, firm or person to fix the price or prices in the attached Bid or of any other bidder/proposer, or to fix any overhead, profit or cost element of the price of any other bidder/proposer or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Milton or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (6) Bidder has not directly or indirectly violated O.C.G.A. § 36-91-21(d). Signature of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20 Printed Name and Title of Authorized Officer or Notary Public Agent [NOTARY SEAL] My Commission Expires: MILTONit ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 14, 2017 FROM: Steven Krokoff, City Manager Q) AGENDA ITEM: Proclamation Recognizing Village Volunteers. MEETING DATE: Monday, March 20, 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 (-,KNO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o3110 u''' 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us `9 Proclamation Recognizing The Village Volunteers WHEREAS, In the Milton community, there was a lack of adequate programming for young adults with special needs who had exited high school; and WHEREAS, Better Together, Milton’s citizen volunteer committee, has as a goal to build a welcoming community where residents of all abilities have the opportunity to participate; and WHEREAS, Diane Stewart, a Better Together member, had the passion to study, research and develop a specific program in Milton for young adults with special needs; and WHEREAS, Beginning in October, 2015, the Village Volunteers began meeting on a regular basis at the Bethwell Community Center; and WHEREAS, Diane assembled and continues to lead a group of dedicated volunteers who assist in the program; and WHEREAS, At each Village Volunteer meeting, attendees are able to enjoy a meal and participate in various art, social and other learning activities. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby recognize and thank the Village Volunteers for their service to the community. Given under my hand and Seal of the City of Milton, Georgia on this 20th day of March, 2017. ____________________________________ Joe Lockwood, Mayor MILTON11IN ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: arch 14, 2017 FROM: Steven Krokoff, City Manage (o AGENDA ITEM: Consideration of an Ordinance Accepting the Revised Georgia Municipal Employees Benefit System (GMEBS) Defined Benefit Retirement Plan and General Addendum. MEETING DATE: Monday, March 20, 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: (,IVES () NO CITY ATTORNEY REVIEW REQUIRED: (,-'YES () NO APPROVAL BY CITY ATTORNEY: (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: G5/2'el oll 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us 0 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on March 14, 2017 for the March 20, 2017 Regular Council Meeting Agenda Item: Consideration of an Ordinance Accepting the Revised Georgia Municipal Employees Benefit System (GMEBS) Defined Benefit Retirement Plan and General Addendum. ____________________________________________________________________________ Department Recommendation: Approve proposed revisions to the City’s Defined Benefit Pension Plan. Executive Summary: Allow all vacation or PTO leave that exceeds accrual limit to roll to pension annually on January 1 as service credit. Reduce the actuarial reduction for retiring before the age of 65 from 3% to 2% per year. Funding and Fiscal Impact: The addition of the service credit will cost approximately $6,264. The change to the actuarial reduction will vary as employees take the benefit. Alternatives: Other Council directed action. Legal Review: Megan Martin – Jarrard & Davis 3/13/2017 Concurrent Review: Attachment(s): Draft Ordinance change to the defined benefit pension plan. City of Milton (Amended Effective April 10, 2017) GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN AN ORDINANCE and ADOPTION AGREEMENT for City of Milton Form Volume Submitter Adoption Agreement Amended and Restated as of January 1, 20013 (With Amendments Effective Through January 1, 2017) – i – City of Milton (Amended Effective April 10, 2017) TABLE OF CONTENTS PAGE I. AN ORDINANCE .......................................................................................................................1 II. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT ..............2 1. ADMINISTRATOR ................................................................................................2 2. ADOPTING EMPLOYER .......................................................................................2 3. GOVERNING AUTHORITY .................................................................................2 4. PLAN REPRESENTATIVE ....................................................................................2 5. PENSION COMMITTEE ........................................................................................3 6. TYPE OF ADOPTION ............................................................................................3 7. EFFECTIVE DATE .................................................................................................4 8. PLAN YEAR ...........................................................................................................5 9. CLASSES OF ELIGIBLE EMPLOYEES ...............................................................5 A. Eligible Regular Employees ........................................................................5 B. Elected or Appointed Members of the Governing Authority ......................5 10. ELIGIBILITY CONDITIONS.................................................................................6 A. Hours Per Week (Regular Employees) ........................................................6 B. Months Per Year (Regular Employees) .......................................................7 11. WAITING PERIOD .................................................................................................7 12. ESTABLISHING PARTICIPATION IN THE PLAN ............................................7 13. CREDITED SERVICE ............................................................................................8 A. Credited Past Service with Adopting Employer ..........................................8 B. Prior Military Service ..................................................................................9 C. Prior Governmental Service .......................................................................11 D. Leave Conversion for Unused Paid Time Off (e.g., Sick, Vacation, or Personal Leave) .....................................................................12 14. RETIREMENT ELIGIBILITY ..............................................................................14 A. Early Retirement Qualifications ................................................................14 B. Normal Retirement Qualifications .............................................................14 C. Alternative Normal Retirement Qualifications ..........................................16 D. Disability Benefit Qualifications ...............................................................20 15. RETIREMENT BENEFIT COMPUTATION .......................................................20 A. Maximum Total Credited Service ..............................................................20 B. Monthly Normal Retirement Benefit Amount ...........................................21 C. Monthly Early Retirement Benefit Amount ..............................................23 D. Monthly Late Retirement Benefit Amount (check one): ...........................25 E. Monthly Disability Benefit Amount ..........................................................26 F. Minimum/Maximum Benefit For Elected Officials ..................................26 16. SUSPENSION OF BENEFITS FOLLOWING BONA FIDE SEPARATION OF SERVICE; COLA ..................................................................27 A. Re-Employment as Eligible Employee After Normal, Alternative Normal, or Early Retirement and Following – ii – City of Milton (Amended Effective April 10, 2017) Bona Fide Separation of Service (see Master Plan Section 6.06(c) Regarding Re-Employment as an Ineligible Employee and Master Plan Section 6.06(e) and (f) Regarding Re-Employment After Disability Retirement) .........................27 B. Cost Of Living Adjustment ........................................................................28 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING ..............................................................................................................29 A. Eligible Regular Employees ......................................................................29 B. Elected or Appointed Members of the Governing Authority ....................30 18. PRE-RETIREMENT DEATH BENEFITS ...........................................................30 A. In-Service Death Benefit ............................................................................30 B. Terminated Vested Death Benefit ..............................................................32 19. EMPLOYEE CONTRIBUTIONS .........................................................................33 20. MODIFICATION OF THE TERMS OF THE ADOPTION AGREEMENT .......................................................................................................34 21. TERMINATION OF THE ADOPTION AGREEMENT ......................................34 22. EMPLOYER ADOPTION AND AUTHORIZATION FOR AMENDMENTS ...................................................................................................34 City of Milton (Amended Effective April 10, 2017) I. AN ORDINANCE An Ordinance to amend and restate the Retirement Plan for the Employees of the City of Milton, Georgia in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City and GMEBS, the foregoing shall constitute a Contract between the City and GMEBS, all as authorized and provided by O.C.G.A. § 47-5-1 et seq. BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia, and it is hereby ordained by the authority thereof: Section 1. The Retirement Plan for the Employees of the City of Milton, Georgia is hereby amended and restated as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. Ordinance continued on page 37 - 2 – City of Milton (Amended Effective April 10, 2017) II. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT 1. ADMINISTRATOR Georgia Municipal Employees Benefit System 201 Pryor Street, SW Atlanta, Georgia 30303 Telephone: 404-688-0472 Facsimile: 404-577-6663 2. ADOPTING EMPLOYER Name: City of Milton, Georgia 3. GOVERNING AUTHORITY Name: Mayor and Council Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (678) 242-2499 4. PLAN REPRESENTATIVE [To represent Governing Authority in all communications with GMEBS and Employees] (See Section 2.49 of Master Plan) Name: Director of Operations Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (678) 242-2499 - 3 – City of Milton (Amended Effective April 10, 2017) 5. PENSION COMMITTEE [Please designate members by position. If not, members of Pension Committee shall be determined in accordance with Article XIV of Master Plan] Position: Position: Position: Position: Position: Position: Position: Pension Committee Secretary: Director of Human Resources Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (678) 242-2499 6. TYPE OF ADOPTION This Adoption Agreement is for the following purpose (check one): This is a new defined benefit plan adopted by the Adopting Employer for its Employees. This plan does not replace or restate an existing defined benefit plan. This is an amendment and restatement of the Adopting Employer's preexisting non-GMEBS defined benefit plan. This is an amendment and restatement of the Adoption Agreement previously adopted by the Employer, as follows (check one or more as applicable): To update the Plan to comply with PPA, HEART, WRERA, and other applicable federal laws and guidance. To make the following amendments to the Adoption Agreement (must specify below revisions made in this Adoption Agreement): This is an amendment to 1) permit Vested Participants who terminate on or after April 10, 2017, to count up to 12 months of unused sick leave, unused vacation leave, or a combination thereof as Credited Service for the purpose of benefit computation (see Adoption Agreement, p. 13); 2) to clarify that the Early Retirement factors that applied to a Participant who terminated employment prior to July 1, 2014, or on or after July 1, 2014 and prior to April 10, 2017, as applicable, will continue to apply to said Participant in the event he or she is reemployed on or after July 1, 2014 (see Adoption Agreement, pp. 23-24); and 3) enhance the Early Retirement factors for Participants who were - 4 – City of Milton (Amended Effective April 10, 2017) employed on June 30, 2014, and remain employed (with no break in Service) on April 10, 2017 (see Adoption Agreement, p. 25). 7. EFFECTIVE DATE NOTE: This Adoption Agreement and any Addendum, with the accompanying Master Plan Document, is designed to comply with Internal Revenue Code Section 401(a), as applicable to a governmental qualified defined benefit plan, and is part of the GMEBS Defined Benefit Retirement Plan. Plan provisions designed to comply with certain provisions of the Pension Protection Act of 2006 ("PPA"); the Heroes Earnings Assistance and Relief Tax Act of 2008 ("HEART"); and the Worker, Retiree, and Employer Recovery Act of 2008 ("WRERA"); and Plan provisions designed to comply with certain provisions of additional changes in federal law and guidance from the Internal Revenue Service under Internal Revenue Service Notice 2012-76 (the 2012 Cumulative List) are effective as of the applicable effective dates set forth in the Adoption Agreement and Master Plan Document. By adopting this Adoption Agreement, with its accompanying Master Plan Document, the Adopting Employer is adopting a plan document intended to comply with Internal Revenue Code Section 401(a), as updated by PPA, HEART, WRERA, and the 2012 Cumulative List with the applicable effective dates. (1) Complete this item (1) only if this is a new defined benefit plan which does not replace or restate an existing defined benefit plan. The effective date of this Plan is . (insert effective date of this Adoption Agreement not earlier than January 1, 2013). (2) Complete this item (2) only if this Plan is being adopted to replace a non-GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption Agreement, the effective date of this restatement shall be (insert effective date of this Adoption Agreement not earlier than January 1, 2013). This Plan is intended to replace and serve as an amendment and restatement of the Employer’s preexisting plan, which became effective on (insert original effective date of preexisting plan). (3) Complete this item (3) only if this is an amendment and complete restatement of the Adopting Employer's existing GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption Agreement, the effective date of this restatement shall be April 10, 2017 (insert effective date of this Adoption Agreement not earlier than January 1, 2013). This Plan is adopted as an amendment and restatement of the Employer's preexisting GMEBS Adoption Agreement, which became effective on May 3, 2016 (insert effective date of most recent Adoption Agreement preceding this Adoption Agreement). The Employer's first Adoption Agreement became effective April 1, 2007 (insert effective date of Employer's first GMEBS Adoption Agreement). The Employer's GMEBS Plan - 5 – City of Milton (Amended Effective April 10, 2017) was originally effective April 1, 2007 (insert effective date of Employer's original GMEBS Plan). (If the Employer's Plan was originally a non-GMEBS Plan, then the Employer's non-GMEBS Plan was originally effective (if applicable, insert effective date of Employer's original non-GMEBS Plan).) 8. PLAN YEAR Plan Year means (check one): Calendar Year Employer Fiscal Year commencing . Other (must specify month and day commencing): January 1 – December 31. 9. CLASSES OF ELIGIBLE EMPLOYEES Only Employees of the Adopting Employer who meet the Master Plan's definition of "Employee" may be covered under the Adoption Agreement. Eligible Employees shall not include non-governmental employees, independent contractors, leased employees, nonresident aliens, or any other ineligible individuals, and this Section 9 must not be completed in a manner that violates the "exclusive benefit rule" of Internal Revenue Code Section 401(a)(2). A. Eligible Regular Employees Regular Employees include Employees, other than elected or appointed members of the Governing Authority or Municipal Legal Officers, who are regularly employed in the services of the Adopting Employer. Subject to the other conditions of the Master Plan and the Adoption Agreement, the following Regular Employees are eligible to participate in the Plan (check one): ALL - All Regular Employees, provided they satisfy the minimum hour and other requirements specified under "Eligibility Conditions" below. ALL REGULAR EMPLOYEES EXCEPT for the following employees (must specify; specific positions are permissible; specific individuals may not be named): (1) Employees who are initially employed by the City on or after July 1, 2014; and (2) Employees who are reemployed by the City on or after July 1, 2014 (see General Addendum Sections 2 and 14 for additional provisions concerning effect of reemployment on or after July 1, 2014). B. Elected or Appointed Members of the Governing Authority An Adopting Employer may elect to permit participation in the Plan by elected or appointed members of the Governing Authority and/or Municipal Legal Officers, provided they otherwise meet the Master Plan's definition of "Employee" and provided they satisfy any other requirements specified by the Adopting Employer. Municipal Legal Officers to be covered must be specifically identified by position. Subject to the above conditions, the Employer hereby elects the following treatment for elected and appointed officials: - 6 – City of Milton (Amended Effective April 10, 2017) (1) Elected or Appointed Members of the Governing Authority (check one): ARE NOT eligible to participate in the Plan. ARE eligible to participate in the Plan. Please specify any limitations on eligibility to participate here (e.g., service on or after certain date, or special waiting period provision): . (2) Municipal Legal Officers (check one): ARE NOT eligible to participate in the Plan. ARE eligible to participate in the Plan. The term "Municipal Legal Officer" shall include only the following positions (must specify): . Please specify any limitations on eligibility to participate here (e.g., service on or after certain date): . 10. ELIGIBILITY CONDITIONS A. Hours Per Week (Regular Employees) The Adopting Employer may specify a minimum number of work hours per week which are required to be scheduled by Regular Employees in order for them to become and remain "Eligible Regular Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum hour requirement for Regular Employees: No minimum 20 hours/week (regularly scheduled) 30 hours/week (regularly scheduled) Other: 35 hours/week (must not exceed 40 hours/week regularly scheduled) Exceptions: If a different minimum hour requirement applies to a particular class or classes of Regular Employees, please specify below the classes to whom the different requirement applies and indicate the minimum hour requirement applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): . Minimum hour requirement applicable to excepted Regular Employees: No minimum 20 hours/week (regularly scheduled) - 7 – City of Milton (Amended Effective April 10, 2017) 30 hours/week (regularly scheduled) Other: _________________ (must not exceed 40 hours/week regularly scheduled) B. Months Per Year (Regular Employees) The Adopting Employer may specify a minimum number of work months per year which are required to be scheduled by Regular Employees in order for them to become and remain "Eligible Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum requirement for Regular Employees: No minimum At least 6 months per year (regularly scheduled) Exceptions: If different months per year requirements apply to a particular class or classes of Regular Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Regular Employees to whom exception applies (must specify): . The months to year requirement for excepted class(es) are: No minimum At least _______ months per year (regularly scheduled) 11. WAITING PERIOD Except as otherwise provided in Section 4.02(b) of the Master Plan, Eligible Regular Employees shall not have a waiting period before participating in the Plan. Likewise, elected or appointed members of the Governing Authority and Municipal Legal Officers, if eligible to participate in the Plan, shall not have a waiting period before participating in the Plan. 12. ESTABLISHING PARTICIPATION IN THE PLAN Participation in the Plan is considered mandatory for all Eligible Employees who satisfy the eligibility conditions specified in the Adoption Agreement, except as provided in Section 4.03(e) of the Master Plan. However, the Employer may specify below that participation is optional for certain classes of Eligible Employees, including Regular Employees, elected or appointed members of the Governing Authority, Municipal Legal Officers, City Managers, and/or Department Heads. If participation is optional for an Eligible Employee, then in order to become a Participant, he must make a written election to participate within 120 days after employment, election or appointment to office, or if later, the date he first becomes eligible to participate in the Plan. The election is irrevocable, and the failure to make the election within the 120 day time limit shall be deemed an irrevocable election not to participate in the Plan. Classes for whom participation is optional (check one): - 8 – City of Milton (Amended Effective April 10, 2017) None (Participation is mandatory for all Eligible Employees except as provided in Section 4.03(e) of the Master Plan). Participation is optional for the following Eligible Employees (must specify; all individuals or classes specified must be Eligible Employees): __________________ ____________________________________________________________________. 13. CREDITED SERVICE In addition to Current Credited Service the Adopting Employer may include as Credited Service the following types of service: A. Credited Past Service with Adopting Employer Credited Past Service means the number of years and complete months of Service with the Adopting Employer prior to the date an Eligible Employee becomes a Participant which are treated as credited service under the Plan. (1) Eligible Employees Employed on Original Effective Date of GMEBS Plan. With respect to Eligible Employees who are employed by the Adopting Employer on the original Effective Date of the Employer's GMEBS Plan, Service with the Adopting Employer prior to the date the Eligible Employee becomes a Participant (including any Service prior to the Effective Date of the Plan) shall be treated as follows (check one): All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except for Service rendered prior to ____________________________ (insert date). All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except as follows (must specify other limitation): . No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). (2) Previously Employed, Returning to Service after Original Effective Date. If an Eligible Employee is not employed on the original Effective Date of the Employer's GMEBS Plan, but he returns to Service with the Adopting Employer sometime after the Effective Date, his Service prior to the date he becomes a Participant (including any Service prior the Effective Date) shall be treated as follows (check one): All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), subject to any limitations imposed above with respect to Eligible Employees employed on the Effective Date. - 9 – City of Milton (Amended Effective April 10, 2017) All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), provided that after his return to employment, the Eligible Employee performs Service equal to the period of the break in Service or one (1) year, whichever is less. Any limitations imposed above with respect to Eligible Employees employed on the Effective Date shall also apply. No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). Other limitation(s) on Recognition of Credited Past Service (must specify): Notwithstanding any provision herein to the contrary, if an Employee who was not employed on the original Effective Date of the City’s GMEBS Plan (April 1, 2007) first becomes reemployed by the City on or after July 1, 2014, the Employee will not be eligible to participate in this Plan and his/her service with the City prior to April 1, 2007, will not be taken into account under this Plan for any purpose. (3) Eligible Employees Initially Employed After Effective Date. If an Eligible Employee's initial employment date is after the original Effective Date of the Employer's GMEBS Plan, his Credited Past Service shall include only the number of years and complete months of Service from his initial employment date to the date he becomes a Participant in the Plan. (4) Newly Eligible Classes of Employees. If a previously ineligible class of Employees becomes eligible to participate in the Plan, the Employer must specify in an addendum to this Adoption Agreement whether and to what extent said Employees' prior service with the Employer shall be treated as Credited Past Service under the Plan. B. Prior Military Service Note: This Section does not concern military service required to be credited under USERRA – See Section 3.02 of the Master Plan for rules on the crediting of USERRA Military Service. (1) Credit for Prior Military Service. The Adopting Employer may elect to treat military service rendered prior to a Participant's initial employment date or reemployment date as Credited Service under the Plan. Unless otherwise specified by the Employer under "Other Conditions" below, the term "Military Service" shall be as defined in the Master Plan. Except as otherwise required by federal or state law or under "Other Conditions" below, Military Service shall not include service which is credited under any other local, state, or federal retirement or pension plan. Military Service credited under this Section shall not include any service which is otherwise required to be credited under the Plan by federal or state law. Prior Military Service shall be treated as follows (check one): - 10 – City of Milton (Amended Effective April 10, 2017) Prior Military Service is not creditable under the Plan (if checked, skip to Section 13.C. – Prior Governmental Service). Prior Military Service shall be counted as Credited Service for the following purposes (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. (2) Maximum Credit for Prior Military Service. Credit for Prior Military Service shall be limited to a maximum of _____ years (insert number). (3) Rate of Accrual for Prior Military Service. Credit for Prior Military Service shall accrue at the following rate (check one): One month of military service credit for every _______ month(s) (insert number) of Credited Service with the Adopting Employer. One year of military service credit for every _____ year(s) (insert number) of Credited Service with the Adopting Employer. All military service shall be creditable (subject to any caps imposed above) after the Participant has completed _______ years (insert number) of Credited Service with the Employer. Other requirement (must specify): . (4) Payment for Prior Military Service Credit(check one): Participants shall not be required to pay for military service credit. Participants shall be required to pay for military service credit as follows: The Participant must pay ____% of the actuarial cost of the service credit (as defined below). The Participant must pay an amount equal to (must specify): . Other Conditions for Award of Prior Military Service Credit (must specify): . (5) Limitations on Service Credit Purchases. Unless otherwise specified in an Addendum to the Adoption Agreement, for purposes of this Section and Section 13.C. concerning prior governmental service credit, the term "actuarial cost of service credit" is - 11 – City of Milton (Amended Effective April 10, 2017) defined as set forth in the Service Credit Purchase Addendum. In the case of a service credit purchase, the Participant shall be required to comply with any rules and regulations established by the GMEBS Board of Trustees concerning said purchases. C. Prior Governmental Service Note: A Participant’s prior service with other GMEBS employers shall be credited for purposes of satisfying the minimum service requirements for Vesting and eligibility for Retirement and pre-retirement death benefits as provided under Section 9.05 of the Master Plan, relating to portability service. This Section 13(C) does not need to be completed in order for Participants to receive this portability service credit pursuant to Section 9.05 of the Master Plan. (1) Credit for Prior Governmental Service. The Adopting Employer may elect to treat governmental service rendered prior to a Participant's initial employment date or reemployment date as creditable service under the Plan. Subject to any limitations imposed by law, the term "prior governmental service" shall be as defined by the Adopting Employer below. The Employer elects to treat prior governmental service as follows (check one): Prior governmental service is not creditable under the Plan (if checked, skip to Section 13.D. – Unused Sick/Vacation Leave). Prior governmental service shall be counted as Credited Service for the following purposes under the Plan (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. (2) Definition of Prior Governmental Service. Prior governmental service shall be defined as follows: (must specify): . Unless otherwise specified above, prior governmental service shall include only full-time service (minimum hour requirement same as that applicable to Eligible Regular Employees). (3) Maximum Credit for Prior Governmental Service. Credit for prior governmental service shall be limited to a maximum of ________ years (insert number). (4) Rate of Accrual for Prior Governmental Service Credit. Credit for prior governmental service shall accrue at the following rate (check one): - 12 – City of Milton (Amended Effective April 10, 2017) One month of prior governmental service credit for every _____ month(s) (insert number) of Credited Service with the Adopting Employer. One year of prior governmental service credit for every _____ year(s) (insert number) of Credited Service with the Adopting Employer. All prior governmental service shall be creditable (subject to any caps imposed above) after the Participant has completed _____ years (insert number) of Credited Service with the Adopting Employer. Other requirement (must specify): . (5) Payment for Prior Governmental Service Credit. Participants shall not be required to pay for governmental service credit. Participants shall be required to pay for governmental service credit as follows: The Participant must pay ____% of the actuarial cost of the service credit. The Participant must pay an amount equal to (must specify): . Other Conditions for Award of Prior Governmental Service Credit (must specify): . D. Leave Conversion for Unused Paid Time Off (e.g., Sick, Vacation, or Personal Leave) (1) Credit for Unused Paid Time Off. Subject to the limitations in Section 3.01 of the Master Plan, an Adopting Employer may elect to treat accumulated days of unused paid time off for a terminated Participant, for which the Participant is not paid, as Credited Service. The only type of leave permitted to be credited under this provision is leave from a paid time off plan which qualifies as a bona fide sick and vacation leave plan (which may include sick, vacation or personal leave) and which the Participant may take as paid leave without regard to whether the leave is due to illness or incapacity. The Credited Service resulting from the conversion of unused paid time off must not be the only Credited Service applied toward the accrual of a normal retirement benefit under the Plan. The Pension Committee shall be responsible to certify to GMEBS the total amount of unused paid time off that is creditable hereunder. Important Note: Leave cannot be converted to Credited Service in lieu of receiving a cash payment. If the Employer elects treating unused paid time off as Credited Service, the conversion to Credited Service will be automatic, and the Participant cannot request a cash payment for the unused paid time off. The Employer elects the following treatment of unused paid time off: - 13 – City of Milton (Amended Effective April 10, 2017) Unused paid time off shall not be treated as Credited Service (if checked, skip to Section 14 – Retirement Eligibility). The following types of unused paid time off for which the Participant is not paid shall be treated as Credited Service under the Plan (check one or more as applicable): Unused sick leave Unused vacation leave Unused personal leave Other paid time off (must specify, subject to limitations in Section 3.01 of Master Plan): . (2) Minimum Service Requirement. In order to receive credit for unused paid time off, a Participant must meet the following requirement at termination (check one): The Participant must be 100% vested in a normal retirement benefit. The Participant must have at least _______ years (insert number) of Total Credited Service (not including leave otherwise creditable under this Section). Other (must specify, subject to limitations in Section 3.01 of Master Plan): . (3) Use of Unused Paid Time Off Credit. Unused paid time off for which the Participant is not paid shall count as Credited Service for the following purposes under the Plan (check one or more as applicable): Computing amount of benefits payable. Meeting minimum service requirements for vesting. Meeting minimum service requirements for benefit eligibility. (4) Maximum Credit for Unused Paid Time Off. Credit for unused paid time off for which the Participant is not paid shall be limited to a maximum of 12 months (insert number). (5) Computation of Unused Paid Time Off. Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each twenty (20) days of creditable unused paid time off shall constitute one (1) complete month of Credited Service under the Plan. Partial months shall not be credited. (6) Other Conditions (please specify, subject to limitations in Section 3.01 of Master Plan): . - 14 – City of Milton (Amended Effective April 10, 2017) 14. RETIREMENT ELIGIBILITY A. Early Retirement Qualifications Early retirement qualifications are (check one or more as applicable): Attainment of age 55 (insert number) Completion of 10 years (insert number) of Total Credited Service Exceptions: If different early retirement eligibility requirements apply to a particular class or classes of Eligible Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Eligible Employees to whom exception applies (must specify): . Early retirement qualifications for excepted class(es) are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service B. Normal Retirement Qualifications Note: Please complete this Section and also list "Alternative" Normal Retirement Qualifications, if any, in Section 14.C. (1) Regular Employees Normal retirement qualifications for Regular Employees are (check one or more as applicable): Attainment of age 65 (insert number) Completion of 5 years (insert number) of Total Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re- retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): _________________________________________________________________. - 15 – City of Milton (Amended Effective April 10, 2017) Exceptions: If different normal retirement qualifications apply to a particular class or classes of Regular Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): City Managers employed by the City on or after April 1, 2007 and prior to July 1, 2014 (Employees initially employed or reemployed on or after July 1, 2014 are not eligible to participate in the Plan – see Section 9 above and Sections 2 and 14 of General Addendum). Normal retirement qualifications for excepted class(es) are (check one or more as applicable): Attainment of age 65 (insert number) Completion of _________ years (insert number) of Total Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re- retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): _________________________________________________________________. (2) Elected or Appointed Members of Governing Authority Complete this Section only if elected or appointed members of the Governing Authority or Municipal Legal Officers are permitted to participate in the Plan. Normal retirement qualifications for this class are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re- retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): _________________________________________________________________. - 16 – City of Milton (Amended Effective April 10, 2017) Exceptions: If different normal retirement qualifications apply to particular elected or appointed members of the Governing Authority or Municipal Legal Officers, the Employer must specify below to whom the different requirements apply and indicate below the requirements applicable to them. Particular elected or appointed members of the Governing Authority or Municipal Legal Officers to whom exception applies (must specify): . Normal retirement qualifications for excepted elected or appointed members of the Governing Authority or Municipal Legal Officers are (check one or more as applicable): Attainment of age _________ (insert number) Completion of _________ years (insert number) of Total Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re- retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): _________________________________________________________________. C. Alternative Normal Retirement Qualifications The Employer may elect to permit Participants to retire with unreduced benefits after they satisfy service and/or age requirements other than the regular normal retirement qualifications specified above. The Employer hereby adopts the following alternative normal retirement qualifications: Alternative Normal Retirement Qualifications (check one or more, as applicable): (1) Not applicable (the Adopting Employer does not offer alternative normal retirement benefits under the Plan). (2) Alternative Minimum Age & Service Qualifications (if checked, please complete one or more items below, as applicable): Attainment of age ___ (insert number) Completion of __ years (insert number) of Total Credited Service In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if Participant - 17 – City of Milton (Amended Effective April 10, 2017) meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): ___________________________________________________________. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the above qualifications in order to qualify for this alternative normal retirement benefit. Other eligibility requirement (must specify): (3) Rule of _______ (insert number). The Participant's combined Total Credited Service and age must equal or exceed this number. Please complete additional items below: To qualify for this alternative normal retirement benefit, the Participant (check one or more items below, as applicable): Must have attained at least age ______ (insert number) Must not satisfy any minimum age requirement In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets the minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): ___________________________________________________________. This alternative normal retirement benefit is available to: All Participants who qualify. - 18 – City of Milton (Amended Effective April 10, 2017) Only the following Participants (must specify): . A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the Rule in order to qualify for this alternative normal retirement benefit. Other eligibility requirement (must specify): . (4) Alternative Minimum Service. A Participant is eligible for an alternative normal retirement benefit if he has at least ________ years (insert number) of Total Credited Service, regardless of the Participant's age. In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets the minimum service requirement specified immediately above and is at least age 62 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): ___________________________________. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): . A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (must specify): . (5) Other Alternative Normal Retirement Benefit. Must specify qualifications: . In-Service Distribution to Eligible Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets minimum age and service requirements specified immediately above and is at least age 62 (unless a lower safe-harbor age is - 19 – City of Milton (Amended Effective April 10, 2017) permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): ___________________________________________________________. This alternative normal retirement benefit is available to: All Participants who qualify. Only the following Participants (must specify): . A Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (must specify): . (6) Other Alternative Normal Retirement Benefit for Public Safety Employees Only. Must specify qualifications: . In-Service Distribution to Eligible Employees who are Public Safety Employees permitted (i.e., a qualifying Participant may commence receiving retirement benefits while in service without first incurring a Bona Fide Separation from Service), if the Participant meets minimum age and service requirements specified immediately above and is at least age 50 (unless a lower safe-harbor age is permitted under applicable federal law), subject to applicable Plan provisions concerning recalculation and offset applied at re-retirement to account for the value of benefits received prior to re-retirement. This rule shall apply to (check one): all Participants only the following class(es) of Participants (must specify): ___________________________________________________________. This alternative normal retirement benefit is available to: All public safety employee Participants who qualify. Only the following public safety employee Participants (must specify): . - 20 – City of Milton (Amended Effective April 10, 2017) A public safety employee Participant (check one): is required is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (must specify): . Note: "Public safety employees" are defined under the Internal Revenue Code for this purpose as employees of a State or political subdivision of a State who provide police protection, firefighting services, or emergency medical services for any area within the jurisdiction of such State or political subdivision. D. Disability Benefit Qualifications Subject to the other terms and conditions of the Master Plan and except as otherwise provided in an Addendum to this Adoption Agreement, disability retirement qualifications are based upon Social Security Administration award criteria or as otherwise provided under Section 2.23 of the Master Plan. The Disability Retirement benefit shall commence as of the Participant's Disability Retirement Date under Section 2.24 of the Master Plan. To qualify for a disability benefit, a Participant must have the following minimum number of years of Total Credited Service (check one): Not applicable (the Adopting Employer does not offer disability retirement benefits under the Plan). No minimum. _______ years (insert number) of Total Credited Service. Other eligibility requirement (must specify): . 15. RETIREMENT BENEFIT COMPUTATION A. Maximum Total Credited Service The number of years of Total Credited Service which may be used to calculate a benefit is (check one or all that apply): not limited. limited to _________ years for all Participants. limited to ________ years for the following classes of Eligible Regular Employees: All Eligible Regular Employees. Only the following Eligible Regular Employees: . - 21 – City of Milton (Amended Effective April 10, 2017) limited to _______ years as an elected or appointed member of the Governing Authority. limited to _______ years as a Municipal Legal Officer. Other (must specify): . B. Monthly Normal Retirement Benefit Amount (1) Regular Employee Formula The monthly normal retirement benefit for Eligible Regular Employees shall be 1/12 of (check and complete one or more as applicable): (a) Flat Percentage Formula. 2.75% (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: All Participants who are Regular Employees. Only the following Participants (must specify): . (b) Alternative Flat Percentage Formula. ______% (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to the following Participants (must specify): . (c) Split Final Average Earnings Formula. _____ % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus ______% (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: All Participants who are Regular Employees. Only the following Participants (must specify): . (d) Alternative Split Final Average Earnings Formula. _____ % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus ______% (insert percentage) of Final Average - 22 – City of Milton (Amended Effective April 10, 2017) Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: All Participants. Only the following Participants (must specify): . [Repeat above subsections as necessary for each applicable benefit formula and Participant class covered under the Plan.] (2) Covered Compensation (complete only if Split Formula(s) is checked above): Covered Compensation is defined as (check one or more as applicable): (a) A.I.M.E. Covered Compensation as defined in Section 2.18 of the Master Plan. This definition of Covered Compensation shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify): . (b) Dynamic Break Point Covered Compensation as defined in Section 2.19 of the Master Plan. This definition of Covered Compensation shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify): . (c) Table Break Point Covered Compensation as defined in Section 2.20 of the Master Plan. This definition of Covered Compensation shall apply to (check one): All Participants who are Regular Employees. Only the following class(es) of Participants (must specify): . (d) Covered Compensation shall mean a Participant's annual Earnings that do not exceed $_______________ (specify amount). This definition shall apply to (check one): All Participants who are Regular Employees. Only the following Participants (must specify): . - 23 – City of Milton (Amended Effective April 10, 2017) (3) Final Average Earnings Unless otherwise specified in an Addendum to the Adoption Agreement, Final Average Earnings is defined as the monthly average of Earnings paid to a Participant by the Adopting Employer for the 60 (insert number not to exceed 60) consecutive months of Credited Service preceding the Participant's most recent Termination in which the Participant's Earnings were the highest, multiplied by 12. Note: GMEBS has prescribed forms for calculation of Final Average Earnings that must be used for this purpose. This definition of Final Average Earnings applies to: All Participants who are Regular Employees. Only the following Participants (must specify): . [Repeat above subsection as necessary for each applicable definition and Participant class covered under the Plan.] (4) Formula for Elected or Appointed Members of the Governing Authority The monthly normal retirement benefit for members of this class shall be as follows (check one): Not applicable (elected or appointed members of the Governing Authority or Municipal Legal Officers are not permitted to participate in the Plan). $_________ (insert dollar amount) per month for each year of Total Credited Service as an elected or appointed member of the Governing Authority or Municipal Legal Officer or major fraction thereof (6 months and 1 day). This formula applies to: All elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to participate. Only the following elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to participate (must specify): . [Repeat above subsection as necessary for each applicable formula for classes of elected or appointed members covered under the Plan.] C. Monthly Early Retirement Benefit Amount Check and complete one or more as applicable: (1) Standard Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced on an Actuarially Equivalent basis in accordance with Section 12.01 of the Master Plan to account for early commencement of benefits. This provision shall apply to: - 24 – City of Milton (Amended Effective April 10, 2017) All Participants. Only the following Participants (must specify): Participants who terminated prior to July 1, 2014, who were not reemployed prior to such date. (2) Alternative Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced to account for early commencement of benefits based on the following table. This table shall apply to: All Participants. Only the following Participants (must specify): Participants who were employed with the City on June 30, 2014 and who terminated employment prior to April 10, 2017. Alternative Early Retirement Reduction Table Number of Years Before Age _65 (check as applicable) Percentage of Normal Retirement Benefit* (complete as applicable) 0 1.000 1 0.97 2 0.94 3 0.91 4 0.88 5 0.85 6 0.82 7 0.79 8 0.76 9 0.73 10 0.70 11 0.___ 12 0.___ 13 0.___ 14 0.___ 15 0.___ *Interpolate for whole months (3) Alternative Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced to account for early commencement of benefits based on the following table. This table shall apply to: - 25 – City of Milton (Amended Effective April 10, 2017) All Participants. Only the following Participants (must specify): Participants who were employed with the City on June 30, 2014 and remain employed with the City (with no break in Service) as of April 10, 2017. Alternative Early Retirement Reduction Table Number of Years Before Age 65 (check as applicable) Percentage of Normal Retirement Benefit* (complete as applicable) 0 1.000 1 0.98 2 0.96 3 0.94 4 0.92 5 0.90 6 0.88 7 0.86 8 0.84 9 0.82 10 0.80 11 0.___ 12 0.___ 13 0.___ 14 0.___ 15 0.___ *Interpolate for whole months D. Monthly Late Retirement Benefit Amount (check one): (1) The monthly Late Retirement benefit shall be computed in the same manner as the Normal Retirement Benefit, based upon the Participant's Accrued Benefit as of his Late Retirement Date. (2) The monthly Late Retirement benefit shall be the greater of: (1) the monthly retirement benefit accrued as of the Participant's Normal Retirement Date, actuarially increased in accordance with the actuarial table contained in Section 12.05 of the Master Plan; or (2) the monthly retirement benefit accrued as of the Participant's Late Retirement Date, without further actuarial adjustment under Section 12.06 of the Master Plan. - 26 – City of Milton (Amended Effective April 10, 2017) E. Monthly Disability Benefit Amount The amount of the monthly Disability Benefit shall be computed in the same manner as the Normal Retirement benefit, based upon the Participant's Accrued Benefit as of his Disability Retirement Date. Minimum Disability Benefit. The Adopting Employer may set a minimum Disability Benefit. The Employer elects the following minimum Disability benefit (check one): Not applicable (the Adopting Employer does not offer disability retirement benefits under the Plan). No minimum is established. No less than (check one): 20% 10% ____% (if other than 20% or 10% insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period (excluding any period of unpaid leave of absence) immediately preceding his Termination of Employment as a result of a Disability. (Unless otherwise specified in an Addendum to the Adoption Agreement, no minimum will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) No less than (check one): 66 2/3 % ______% (if other than 66 2/3%, insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period (excluding any period of unpaid leave of absence) immediately preceding his Termination of Employment as a result of a Disability, less any monthly benefits paid from federal Social Security benefits as a result of disability as reported by the Employer. (Unless otherwise specified in an Addendum to the Adoption Agreement, no minimum will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) Note: The Adopting Employer is responsible for reporting to GMEBS any amounts to be used in an offset. F. Minimum/Maximum Benefit For Elected Officials In addition to any other limitations imposed by federal or state law, the Employer may impose a cap on the monthly benefit amount that may be received by elected or appointed members of the Governing Authority. The Employer elects (check one): Not applicable (elected or appointed members of the Governing Authority do not participate in the Plan). No minimum or maximum applies. - 27 – City of Milton (Amended Effective April 10, 2017) Monthly benefit for Service as an elected or appointed member of the Governing Authority may not exceed 100% of the Participant's final salary as an elected or appointed member of the Governing Authority. Other minimum or maximum (must specify): . 16. SUSPENSION OF BENEFITS FOLLOWING BONA FIDE SEPARATION OF SERVICE; COLA A. Re-Employment as Eligible Employee After Normal, Alternative Normal, or Early Retirement and Following Bona Fide Separation of Service (see Master Plan Section 6.06(c) Regarding Re-Employment as an Ineligible Employee and Master Plan Section 6.06(e) and (f) Regarding Re-Employment After Disability Retirement) (1) Reemployment After Normal or Alternative Normal Retirement. In the event that a Retired Participant 1) is reemployed with the Employer as an Eligible Employee (as defined in the Plan) after his Normal or Alternative Normal Retirement Date and after a Bona Fide Separation from Service, or 2) is reemployed with the Employer in an Ineligible Employee class, and subsequently again becomes an Eligible Employee (as defined in the Plan) due to the addition of such class to the Plan after his Normal or Alternative Normal Retirement Date, the following rule shall apply (check one): (a) The Participant's benefit shall be suspended in accordance with Section 6.06(a)(1) of the Master Plan for as long as the Participant remains employed. (b) The Participant may continue to receive his retirement benefit in accordance with Section 6.06(b) of the Master Plan. This rule shall apply to (check one): all Retired Participants only the following classes of Retired Participants (must specify - benefits of those Retired Participants not listed shall be suspended in accordance with Section 6.06(a) of the Master Plan if they return to work with the Employer): . - 28 – City of Milton (Amended Effective April 10, 2017) (2) Reemployment After Early Retirement. In the event a Participant Retires with an Early Retirement benefit after a Bona Fide Separation from Service 1) is reemployed with the Employer as an Eligible Employee before his Normal Retirement Date; or 2) is reemployed with the Employer in an Ineligible Employee class, and subsequently again becomes an Eligible Employee (as defined in the Plan) before his Normal Retirement Date due to the addition of such class to the Plan, the following rule shall apply (check one or more as applicable): (a) The Participant's Early Retirement benefit shall be suspended in accordance with Section 6.06(a)(1) of the Master Plan for as long as the Participant remains employed. This rule shall apply to (check one): all Retired Participants; only the following classes of Retired Participants (must specify): ___________________________________________________________. (b) The Participant's Early Retirement benefit shall be suspended in accordance with Section 6.06(a)(1) of the Master Plan. However, the Participant may begin receiving benefits after he satisfies the qualifications for Normal Retirement or Alternative Normal Retirement, as applicable, and after satisfying the minimum age parameters of Section 6.06(a)(3) of the Master Plan, in accordance with Section 6.06(b)(2)(B)(i) of the Master Plan. This rule shall apply to (check one): all Retired Participants; only the following classes of Retired Participants (must specify): ___________________________________________________________. (c) The Participant's Early Retirement benefit shall continue in accordance with Section 6.06(b)(2)(B)(ii) of the Master Plan. This rule shall apply to (check one): all Retired Participants; only the following classes of Retired Participants (must specify): ___________________________________________________________. B. Cost Of Living Adjustment The Employer may elect to provide for an annual cost-of-living adjustment (COLA) in the amount of benefits being received by Retired Participants and Beneficiaries, which shall be calculated and paid in accordance with the terms of the Master Plan. The Employer hereby elects the following (check one): (1) No cost-of-living adjustment. (2) Variable Annual cost-of-living adjustment not to exceed ______% (insert percentage). - 29 – City of Milton (Amended Effective April 10, 2017) (3) Fixed annual cost-of-living adjustment equal to ______% (insert percentage). The above cost-of-living adjustment shall apply with respect to the following Participants (and their Beneficiaries) (check one): All Participants (and their Beneficiaries). Participants (and their Beneficiaries) who terminate employment on or after __________________ (insert date). Other (must specify): . The Adjustment Date for the above cost-of-living adjustment shall be (if not specified, the Adjustment Date shall be January 1): ______________________________________________. 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING A. Eligible Regular Employees Subject to the terms and conditions of the Master Plan, a Participant who is an Eligible Regular Employee and whose employment is terminated for any reason other than death or retirement shall earn a vested right in his accrued retirement benefit in accordance with the following schedule (check one): No vesting schedule (immediate vesting). Cliff Vesting Schedule. Benefits shall be 100% vested after the Participant has a minimum of 7 years (insert number not to exceed 10) of Total Credited Service. Benefits remain 0% vested until the Participant satisfies this minimum. Graduated Vesting Schedule. Benefits shall become vested in accordance with the following schedule (insert percentages): COMPLETED YEARS OF TOTAL CREDITED SERVICE VESTED PERCENTAGE 1 % 2 % 3 % 4 % 5 % 6 % 7 % 8 % 9 % 10 % - 30 – City of Milton (Amended Effective April 10, 2017) Exceptions: If a vesting schedule other than that specified above applies to a special class(es) of Regular Employees, the Employer must specify the different vesting schedule below and the class(es) to whom the different vesting schedule applies. Regular Employees to whom exception applies (must specify): City Manager. Vesting Schedule for excepted class (must specify; schedule for 100% vesting cannot exceed 10 years): Immediate Vesting (no vesting requirement). B. Elected or Appointed Members of the Governing Authority Subject to the terms and conditions of the Master Plan, a Participant who is an elected or appointed member of the Governing Authority or a Municipal Legal Officer shall earn a vested right in his accrued retirement benefit for Credited Service in such capacity in accordance with the following schedule (check one): Not applicable (elected or appointed members of the Governing Authority are not permitted to participate in the Plan). No vesting schedule (immediate vesting). Other vesting schedule (must specify; schedule for 100% vesting cannot exceed 10 years): . 18. PRE-RETIREMENT DEATH BENEFITS A. In-Service Death Benefit Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following in-service death benefit, to be payable in the event that an eligible Participant's employment with the Employer is terminated by reason of the Participant's death prior to Retirement (check and complete one): (1) Auto A Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant, had he elected a 100% joint and survivor benefit under Section 7.03 of the Master Plan. In order to be eligible for this benefit, a Participant must meet the following requirements (check one): The Participant must be vested in a normal retirement benefit. The Participant must have ______ years (insert number) of Total Credited Service. The Participant must be eligible for Early or Normal Retirement. - 31 – City of Milton (Amended Effective April 10, 2017) Other eligibility requirement (must specify): . (2) Actuarial Reserve Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, actuarially equivalent to the reserve required for the Participant's anticipated Normal Retirement benefit, provided the Participant meets the following eligibility conditions (check one): The Participant shall be eligible upon satisfying the eligibility requirements of Section 8.02(c) of the Master Plan. The Participant must have _____ years (insert number) of Total Credited Service. Other eligibility requirement (must specify): . Imputed Service. For purposes of computing the actuarial reserve death benefit, the Participant's Total Credited Service shall include (check one): Total Credited Service accrued prior to the date of the Participant's death. Total Credited Service accrued prior to the date of the Participant's death, plus (check one): one-half (½) ___________ (insert other fraction) of the Service between such date of death and what would otherwise have been the Participant's Normal Retirement Date. (See Master Plan Section 8.02(b) regarding 10-year cap on additional Credited Service.) Minimum In-Service Death Benefit for Vested Employees Equal to Terminated Vested Death Benefit. Unless otherwise specified under "Exceptions" below, if a Participant's employment is terminated by reason of the Participant's death prior to Retirement, and if as of the date of death the Participant is vested but he does not qualify for the in-service death benefit, then the Auto A Death Benefit will be payable, provided the Auto A Death Benefit is made available to terminated vested employees under the Adoption Agreement (see "Terminated Vested Death Benefit" below). (3) Exceptions: If an in-service death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify formula that complies with definitely determinable requirements of Treasury Regulations Section 1.401-1(b)(1)(i) and does not violate limits applicable to governmental plans under Code Sections 401(a)(17) and 415): . - 32 – City of Milton (Amended Effective April 10, 2017) Participants to whom alternative death benefit applies (must specify): . Eligibility conditions for alternative death benefit (must specify): . B. Terminated Vested Death Benefit (1) Complete this Section only if the Employer offers a terminated vested death benefit. The Employer may elect to provide a terminated vested death benefit, to be payable in the event that a Participant who is vested dies after termination of employment but before Retirement benefits commence. Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following terminated vested death benefit (check one): Auto A Death Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant had he elected a 100% joint and survivor benefit under Section 7.03 of the Master Plan. Accrued Retirement Benefit. A monthly benefit payable to the Participant's Pre-Retirement Beneficiary which shall be actuarially equivalent to the Participant's Accrued Normal Retirement Benefit determined as of the date of death. (2) Exceptions: If a terminated vested death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify formula that complies with definitely determinable requirements of Treasury Regulations Section 1.401-1(b)(1)(i) and does not violate limits applicable to governmental plans under Code Sections 401(a)(17) and 415): . Participants to whom alternative death benefit applies (must specify): . Eligibility conditions for alternative death benefit (must specify): . - 33 – City of Milton (Amended Effective April 10, 2017) 19. EMPLOYEE CONTRIBUTIONS (1) Employee contributions (check one): Are not required. Are required in the amount of _____ % (insert percentage) of Earnings for all Participants. Are required in the amount of 3.0 % (insert percentage) of Earnings for Participants in the following classes (must specify): Eligible Regular Employees employed on or after April 1, 2007, commencing with the first payroll period beginning on or after April 1, 2007. [Repeat above subsection as necessary if more than one contribution rate applies.] (2) Pre-Tax Treatment of Employee Contributions. If Employee Contributions are required in Subsection (1) above, an Adopting Employer may elect to "pick up" Employee Contributions to the Plan in accordance with IRC Section 414(h). In such case, Employee Contributions shall be made on a pre-tax rather than a post-tax basis, provided the requirements of IRC Section 414(h) are met. If the Employer elects to pick up Employee Contributions, it is the Employer's responsibility to ensure that Employee Contributions are paid and reported in accordance with IRC Section 414(h). The Adopting Employer must not report picked up contributions as wages subject to federal income tax withholding. The Employer hereby elects (check one): To pick up Employee Contributions. By electing to pick up Employee Contributions, the Adopting Employer specifies that the contributions, although designated as Employee Contributions, are being paid by the Employer in lieu of Employee Contributions. The Adopting Employer confirms that the executor of this Adoption Agreement is duly authorized to take this action as required to pick up contributions. This pick-up of contributions applies prospectively, and it is evidenced by this contemporaneous written document. On and after the date of the pick-up of contributions, a Participant does not have a cash or deferred election right (within the meaning of Treasury Regulation Section 1.401(k)-1(a)(3)) with respect to the designated Employee Contributions, which includes not having the option of receiving the amounts directly instead of having them paid to the Plan. Not to pick up Employee Contributions. (3) Interest on Employee Contributions. The Adopting Employer may elect to pay interest on any refund of Employee Contributions. Interest shall not be paid. - 34 – City of Milton (Amended Effective April 10, 2017) Interest shall be paid on a refund of Employee Contributions at a rate established by GMEBS from time to time. Other rate of interest (must specify rate, subject to the provisions of Section 13.06 of the Master Plan Document): . 20. MODIFICATION OF THE TERMS OF THE ADOPTION AGREEMENT If an Adopting Employer desires to amend any of its elections contained in this Adoption Agreement (or any Addendum), the Governing Authority by official action must adopt an amendment of the Adoption Agreement (or any Addendum) or a new Adoption Agreement (or Addendum) must be adopted and forwarded to the Board for approval. The amendment of the new Adoption Agreement (or Addendum) is not effective until approved by the Board and other procedures required by the Plan have been implemented. The Administrator will timely inform the Adopting Employer of any amendments made by the Board to the Plan. 21. TERMINATION OF THE ADOPTION AGREEMENT This Adoption Agreement (and any Addendum) may be terminated only in accordance with the Plan. The Administrator will inform the Adopting Employer in the event the Board should decide to discontinue this volume submitter program. 22. EMPLOYER ADOPTION AND AUTHORIZATION FOR AMENDMENTS Adoption. The Adopting Employer hereby adopts the terms of the Adoption Agreement and any Addendum, which is attached hereto and made a part of this ordinance. The Adoption Agreement (and, if applicable, the Addendum) sets forth the Employees to be covered by the Plan, the benefits to be provided by the Adopting Employer under the Plan, and any conditions imposed by the Adopting Employer with respect to, but not inconsistent with, the Plan. The Adopting Employer reserves the right to amend its elections under the Adoption Agreement and any Addendum, so long as the amendment is not inconsistent with the Plan or the Internal Revenue Code or other applicable law and is approved by the Board of Trustees of GMEBS. The Adopting Employer acknowledges that it may not be able to rely on the volume submitter advisory letter if it makes certain elections under the Adoption Agreement or the Addendum. The Adopting Employer hereby agrees to abide by the Master Plan, Trust Agreement, and rules and regulations adopted by the Board of Trustees of GMEBS, as each may be amended from time to time, in all matters pertaining to the operation and administration of the Plan. It is intended that the Act creating the Board of Trustees of GMEBS, this Plan, and the rules and - 35 – City of Milton (Amended Effective April 10, 2017) regulations of the Board are to be construed in harmony with each other. In the event of a conflict between the provisions of any of the foregoing, they shall govern in the following order: (1) The Act creating the Board of Trustees of The Georgia Municipal Employees' Benefit System, O.C.G.A. Section 47-5-1 et seq. (a copy of which is included in the Appendix to the Master Defined Benefit Plan Document) and any other applicable provisions of O.C.G.A. Title 47; (2) The Master Defined Benefit Plan Document and Trust Agreement; (3) This Ordinance and Adoption Agreement (and any Addendum); and (4) The rules and regulations of the Board. In the event that any section, subsection, sentence, clause or phrase of this Plan shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other section or sections, subsections, sentences, clauses or phrases of this Plan, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part hereof. The Governing Authority hereby declares that it would have passed the remaining parts of this Plan or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. This Adoption Agreement (and any Addendum) may only be used in conjunction with Georgia Municipal Employees Benefit System Master Defined Benefit Retirement Plan Document approved by the Internal Revenue Service under advisory letter _____________ dated ____________, 20___. The Adopting Employer understands that failure to properly complete this Adoption Agreement (or any Addendum), or to operate and maintain the Plan and Trust in accordance with the terms of the completed Adoption Agreement (and any Addendum), Master Plan Document and Trust, may result in disqualification of the Adopting Employer's Plan under the Internal Revenue Code. Inquiries regarding the adoption of the Plan, the meaning of Plan provisions, or the effect of the IRS advisory letter should be directed to the Administrator. The Administrator is Georgia Municipal Employees Benefit System, with its primary business offices located at: 201 Pryor Street, SW, Atlanta, Georgia, 30303. The business telephone number is: (404) 688-0472. The primary person to contact is: GMEBS Legal Counsel. Authorization for Amendments. Effective on and after February 17, 2005, the Adopting Employer hereby authorizes the volume submitter practitioner who sponsors the Plan on behalf of GMEBS, to prepare amendments to the Plan, for approval by the Board, on its behalf as provided under Revenue Procedure 2005-16, as superseded by Revenue Procedure 2015-36, Revenue Procedure 2011-49, and Announcement 2005-37. Effective January 1, 2013, Georgia Municipal Association, Inc. serves as the volume submitter practitioner for the Plan. Employer notice and signature requirements were met for the Adopting Employer before the effective date of February 17, 2005. The Adopting Employer understands that the implementing amendment reads as follows: - 36 – City of Milton (Amended Effective April 10, 2017) On and after February 17, 2005, the Board delegates to the Practitioner the authority to advise and prepare amendments to the Plan, for approval by the Board, on behalf of all Adopting Employers, including those Adopting Employers who have adopted the Plan prior to the January 1, 2013, restatement of the Plan, for changes in the Code, the regulations thereunder, revenue rulings, other statements published by Internal Revenue Service, including model, sample, or other required good faith amendments (but only if their adoption will not cause such Plan to be individually designed), and for corrections of prior approved plans. These amendments shall be applied to all Adopting Employers. Employer notice and signature requirements have been met for all Adopting Employers before the effective date of February 17, 2005. In any event, any amendment prepared by the Practitioner and approved by the Board will be provided by the Administrator to Adopting Employers. Notwithstanding the foregoing paragraph, no amendment to the Plan shall be prepared on behalf of any Adopting Employer as of either: • the date the Internal Revenue Service requires the Adopting Employer to file Form 5300 as an individually designed plan as a result of an amendment by the Adopting Employer to incorporate a type of Plan not allowable in a volume submitter plan as described in Revenue Procedure 2015-36; or • as of the date the Plan is otherwise considered an individually designed plan due to the nature and extent of the amendments. If the Adopting Employer is required to obtain a determination letter for any reason in order to maintain reliance on the advisory letter, the Practitioner's authority to amend the Plan on behalf of the Adopting Employer is conditioned on the Plan receiving a favorable determination letter. The Adopting Employer further understands that, if it does not give its authorization hereunder or, in the alternative, adopt another pre-approved plan, its Plan will become an individually designed plan and will not be able to rely on the volume submitter advisory letter. - 37 – City of Milton (Amended Effective April 10, 2017) AN ORDINANCE (continued from page 1) Section 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment with the City was terminated or who vacated his office with the City for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination. Section 3. The effective date of this Ordinance shall be April 10, 2017. Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed. Approved by the Mayor and Council of the City of Milton, Georgia this _______ day of _____________________, 20_____. Attest: CITY OF MILTON, GEORGIA City Clerk Mayor (SEAL) Approved: __________________________ City Attorney The terms of the foregoing Adoption Agreement are approved by the Board of Trustees of Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) Secretary City of Milton (Amended Effective April 10, 2017) GENERAL ADDENDUM TO THE GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT This is an Addendum to the Adoption Agreement completed by the City of Milton, as follows (complete one or more sections, as applicable): ***Item (1) of Pre –Approved Addendum – Not Applicable*** (2) Discontinuance of participation in the Plan by one or more Departments or classes of Employees (for amendment of Adoption Agreement only - see Section 9 of Adoption Agreement): (a) DB Plan Participation Closed to Employees Initially Employed or Reemployed on or after July 1, 2014 – Any Employee who is initially employed or reemployed by the City of Milton or after July 1, 2014 will not participate in the DB Plan (this Plan) with respect to his/her Service and Earnings on or after the date of such initial employment or reemployment. Eligible Regular Employees who are employed with the City as of June 30, 2014 will remain in the DB Plan (this Plan), subject to the eligibility requirements of this Plan, and except as otherwise provided in subsections 2(b) and Section 14 below concerning the effect of becoming reemployed. An Employee who is employed with the City as of June 30, 2014 but who does not satisfy the eligibility requirements (e.g., hour per week or month per year requirement) to participate in this Plan as of such date, and who, without terminating and becoming reemployed by the City, meets the eligibility requirements to participate in this Plan on or after July 1, 2014 shall become a Participant in this Plan upon satisfying such eligibility requirements, subject to subsection 2(b) and Section 14 below concerning the effect of becoming reemployed. (b) Employed as of June 30, 2014; Effect of Termination & Reemployment – If an Eligible Regular Employee who is employed with the City as of June 30, 2014 terminates employment and becomes reemployed by the City on or after July 1, 2014, said Employee will not be eligible to participate in the DB - 2 - City of Milton (Amended Effective April 10, 2017) Plan (this Plan) with respect to his/her Service and Earnings with the City on or after said reemployment date. In addition, said Eligible Regular Employee’s vested status, the Eligible Regular Employee’s eligibility for retirement and pre-retirement death benefits, and the amount of any benefits payable to or on behalf of the Eligible Regular Employee under the DB Plan (this Plan), if any, with respect to the Eligible Regular Employee’s Service with the City prior to said reemployment date will be determined based upon the Eligible Regular Employee’s Credited Service and his/her Final Average Earnings as of the date of his or her termination of employment preceding the date he/she is first reemployed by the City on or after July 1, 2014. Notwithstanding the provision above concerning determination of vested status, portability service with other GMEBS Retirement Fund member employers will be taken into account as provided under subsection 2(d) below. Service and Earnings on or after said reemployment date will not be taken into account for any purpose under the DB Plan (this Plan) (e.g., for purposes of becoming vested under the DB Plan, meeting benefit eligibility requirements, or computing the amount of benefits payable, if any, under the DB Plan). See also Section 14 of this Addendum regarding Frozen Plan Provisions. (c) Former Employees Not Employed on June 30, 2014 Who Become Reemployed or after July 1, 2014 – If a former Employee of the City who is not employed with the City as of June 30, 2014 becomes reemployed by the City on or after July 1, 2014, the Employee will not be eligible to participate in the DB Plan (this Plan) with respect to his or her Service and Earnings with the City on or after the date on which he or she is reemployed. The Employee’s vested status, the Employee’s eligibility for retirement and pre-retirement benefits, and the amount of any benefits payable under this Plan, if any, with respect to the Employee’s Service with the City prior to said reemployment date will be determined in accordance with the applicable terms of this Plan, if any, in effect as of the date of the Employee’s most recent termination from the City preceding the date on which he or she is first reemployed by the City on or after July 1, 2014, and the Employee’s Credited Service and Final Average Earnings with the City, if any, as of said termination date. Notwithstanding the - 3 - City of Milton (Amended Effective April 10, 2017) provision above concerning determination of vested status, portability service will be taken into account as provided under subsection 2(d) below. Service and Earnings with the City on or after said reemployment date will not be taken into account for any purpose under this Plan (e.g., for purposes of becoming vested, meeting benefit eligibility requirements, or computing the amount of benefits payable under this Plan). See also Section 14 of this Addendum regarding Frozen Plan Provisions. (d) GMEBS Portability Service – Credited Service under the defined benefit retirement plans of other GMEBS Retirement Fund member employers (portability service) will continue to be taken into account under this Plan in accordance with the GMEBS Master Plan (solely for purposes of determining vested status and eligibility for retirement benefits under this Plan) with respect to: (1) Eligible Regular Employees who are employed with the City as of June 30, 2014; and (2) former Eligible Regular Employees of the City not employed with the City as of June 30, 2014 who previously participated in the DB Plan (this Plan), provided they do not become reemployed by the City on or after July 1, 2014. If an Employee or former Employee described in this subsection 2(d)(1) – (2) becomes reemployed with the City on or after July 1, 2014, then any portability service on or after said reemployment date will not be taken into account for any purpose under the DB Plan (this Plan), notwithstanding any provision of the Master Plan to the contrary. ***Items (3) through (13) of Pre–Approved Addendum–Not Applicable*** (14) Frozen Plan Provisions (for amendment of Adoption Agreement only – see Section 9 of Adoption Agreement regarding Classes of Eligible Employees): (a) Plan Freeze - The Plan is "frozen" effective as of July 1, 2014 (specify date). The Plan shall be subject to all provisions of the Adoption Agreement and Master Plan, except as otherwise provided herein, and the Employer shall continue to maintain the Plan's qualified status. The Plan shall be frozen, as follows (check as applicable): - 4 - City of Milton (Amended Effective April 10, 2017) (i) The Plan shall be frozen with respect to the following class(es) of Eligible Employees (one or more as applicable): all Participants; all Eligible Regular Employees; Members of the Governing Authority; Municipal Legal Officers; other (must specify): Employees initially employed or reemployed on or after July 1, 2014. (ii) Active Participants in the affected class(es) of Eligible Employees as of the freeze effective date shall be vested in their normal retirement benefits accrued as of the effective date of the freeze to the extent funded notwithstanding any provision of the Adoption Agreement to the contrary. (iii) Employees who are (check all that apply): employed by the Employer or in office as of _________ (specify date), first employed on or after July 1, 2014 (specify date), first take office on or after ___________ (specify date), reemployed on or after July 1, 2014 (specify date), return to office (following a vacation of office) on or after __________ (specify date), shall not be eligible to participate in the Plan on or after the date on which such Employee is first employed or reemployed on or after July 1, 2014, as applicable (specify date). (iv) With respect to Employees designated in paragraph (iii) above, Earnings on or after the date on which such Employee is first employed or reemployed on or after July 1, 2014, as applicable (specify date) shall not be taken into account for purposes of the Plan. (v) The Employees designated in paragraph (iii) above shall not be credited with service for the Employer on or after the date on which such Employee is first employed or reemployed on or after July 1, 2014, as applicable (specify date) for purposes of (check all that apply): computing the amount of benefits payable; meeting minimum service requirements - 5 - City of Milton (Amended Effective April 10, 2017) for participation and vesting; meeting minimum service requirements for benefit eligibility under the Plan. (vi) The following additional provisions shall apply as a result of the freeze (must specify): See General Addendum Section 2 for additional provisions concerning Plan freeze. The terms of the foregoing Addendum to the Adoption Agreement are approved by the Mayor and Council of the City of Milton, Georgia this ________ day of _____________, 2017. Attest: CITY OF MILTON, GEORGIA _________________________ ____________________________________ City Clerk Mayor (SEAL) Approved: __________________________ City Attorney The terms of the foregoing Addendum are approved by the Board of Trustees of the Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) Secretary MILTON"116 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: arch 14, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Sirus Trading Investment LLC, dba I Love NY Pizza, 980 Birmingham Road, Milton, Georgia 30004. MEETING DATE: Monday, March 20, 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 (4-1�0 APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: .03j-j,6jZo0 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on February 27, 2017, for the March 20, 2017 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Sirus Trading Investment LLC, dba I Love NY Pizza, 980 Birmingham Road, Milton, Georgia 30004 ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Sirus Trading Investment LLC, dba I Love NY Pizza for Consumption on Premises: Wine and Malt Beverages pending approval of the ordinance amendment to section 4-73(a) of Chapter 4 (Alcoholic Beverages). Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to change of corporate business name and ownership. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Sirus Trading Investment LLC, dba I Love NY Pizza Contact Name: Kamil Kaya Business Address: 980 Birmingham Road, Milton, GA 30004 Type of License: Package Retail – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager Kathleen Field, Director of Community Development Attachment(s): None. MILTONI P ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE:rch 14, 2017 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of an Ordinance of the City of Milton, Georgia to Amend Chapter 4 of the Code of the City of Milton, Georgia to Amend the Requirements for the Issuance of Alcoholic Beverage Licenses; To Provide for the Repeal of Conflicting Ordinances; To Provide an Effective Date; and for Other Lawful Purposes. MEETING DATE: Monday, March 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( KES () NO CITY ATTORNEY REVIEW REQUIRED: (OYES () NO APPROVAL BY CITY ATTORNEY: (1APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 03I+4fZo► 7 2006 Heritage Walk Milton, GA 0000 P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us t46 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on February 24, 2017 for First Presentation on the March 6, 2017 Regular Council Meeting and Unfinished Business on the March 20, 2017 Regular Council Meeting Agenda Item: Amend Chapter 4, Alcoholic Beverage Licenses, of the Code of the City of Milton, Georgia ____________________________________________________________________________ Department Recommendation: The department recommends approval of the amendment in order to align our ordinance with those of the State of Georgia. Executive Summary: This proposal is aimed at aligning the City of Milton’s alcoholic beverage license applicant qualifications with those of the State of Georgia: to include qualified alien or non -immigrants under the Federal Immigration and Nationality Act who have a valid alien number issued by the Department of Homeland Security or other federal immigration agency. Funding and Fiscal Impact: This change will present the opportunity for additional issuances of licenses thereby potentially increasing revenues from those issuances. Alternatives: The City can choose to keep the ordinance as it is currently written and only allow United States citizens and legal permanent residents of the United States to be eligible for an alcoholic beverage license within the City limits. Legal Review: Paul Frickey (February 24, 2017) Concurrent Review: Steven Krokoff, City Manager Attachment(s): Ordinance Revision STATE OF GEORGIA ORDINANCE NUMBER ____________ COUNTY OF FULTON AN ORDINANCE OF THE CITY OF MILTON, GEORGIA TO AMEND CHAPTER 4 OF THE CODE OF THE CITY OF MILTON, GEORGIA TO AMEND THE REQUIREMENTS FOR THE ISSUANCE OF ALCOHOLIC BEVERAGE LICENSES; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES. BE IT ORDAINED by the City Council of the City of Milton, Georgia while in a regular Council meeting on March 20, 2017, at 6:00 PM as follows: WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations for the protection and preservation of the public health, safety and welfare of its citizens; and WHERAS, Section 1.12(b)(38) of the Charter specifically authorizes the City to “regulate or prohibit … the manufacture, sale, or transportation of intoxic ating liquors”; and WHEREAS, Chapter 4 of the City of Milton Code of Ordinances regulates the sale of alcoholic beverages in the City of Milton and imposes a requirement that individuals obtain a license in order to sell alcoholic beverages in the City; and WHEREAS, the Mayor and Council have determined that it is in the best interest of the City’s residents to amend the existing application requirements to match the state requirements for such licenses issued by the state; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, as follows: SECTION 1. That Section 4-73(a) of the City of Milton Code of Ordinances, with respect to the alcoholic beverage applications is hereby amended to read as follows: a. No license issued pursuant to this chapter for alcoholic beverages shall be granted to any person who is not a citizen of the United States or an alien lawfully admitted for permanent residence: 1. A United States citizen; 2. A legal permanent resident of the Un ited 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. SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. That this Ordinance shall become effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia. SO ORDAINED this the 20th day of March, 2017, the public’s health, safety, and welfare demanding it. Approved: ______________________________ Joe Lockwood, Mayor Attest: __________________________ City Clerk (Seal) M I LTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 14, 2017 FROM: Steven Krokoff, City Manag AGENDA ITEM: Consideration of an Ordinance of the City of Milton, Georgia to Amend Article VI - Financial Management Program, Division 2 - Accounting Auditing and Financial Reporting. (Financial Policies) MEETING DATE: Monday, March 20, 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: ( rYES () NO CITY ATTORNEY REVIEW REQUIRED: (e*(ES () NO APPROVAL BY CITY ATTORNEY: VAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 03 Its) 1017 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us w To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on March 2, 2017 for the March 6, 2017 Regular City Council Meeting under First Presentation and the March 20, 2017 Regular City Council Meeting under Unfinished Business Agenda Item: Consideration of an Amendment to Chapter 2, Article VI – Financial Management Program to Provide for Necessary Updates and Revisions. Department Recommendation: The recommendation is to approve the amendments as presented Executive Summary: In preparation for the credit rating presentation, our financial advisors from Davenport & Company, LLC reviewed our current financial policies and f ound a few things that could be addressed to help strengthen our financial position. The recommended changes were reasonable and have been vetted by both our attorney and our auditor. Funding and Fiscal Impact: The changes could have a positive impact on our credit rating, thus affecting the interest rate on bonds going forward. Alternatives: You can choose to not approve the changes. Legal Review: Approved by Ken Jarrard on 3/1/17 Concurrent Review: Steven Krokoff, City Manager Tim Lyons, Mauldin & Jenkins CPA Attachment: Ordinance amendment Page 1 of 4 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF MILTON, GEORGIA TO AMEND CHAPTER 2, ARTICLE VI – FINANCIAL MANAGEMENT PROGRAM TO PROVIDE FOR NECESSARY UPDATES AND REVISIONS. BE IT ORDAINED by the City Council of the City of Milton, Georgia while in regular called council meeting on March 20, 2017 at 6:00 p.m. as follows: SECTION 1. Division 3. Budgetary Policy, Sec. 2-345 – Operating Budget, (e) Operating budget information, (7) Budget stabilization resources. a. The city shall establish a fund-balance reserve in all operating funds for working capital. The purpose of working capital is to: 1. Cover the cost of expenditures caused by unforeseen emergencies; 2. Cover shortfalls caused by revenue declines; and 3. Eliminate any short-term borrowing for cash flow purposes. This reserve shall accumulate and then be maintained at an amount, which represents no less than two months of operating and debt expenditures (approximately 16 percent of budgeted expenditures)25 percent of the subsequent year’s budgeted revenues. b. Upon incorporation of the city, no reserve exists. The city shall establish the 16 percent reserve requirement referenced in subsection €(7)a.1 of this section over a minimum three-year period and a maximum five-year period. Such reserve shall be discussed during the annual financial planning process so that a clear understanding is maintained by the mayor and city council of the city’s progress in meeting the reserve requirements. SECTION 2. Division 5. Cash and Investment Management, Sec. 2-433. Primary objectives, (1) Safety. a. Credit risk. The term “credit risk” means the risk of loss due to the failure of the security issuer or backer. The city shall minimize credit risk by: 1. Limiting investments to the safest types of securities (primarily obligations of the U.S. government or obligations explicitly guaranteed by the U.S. government or its agencies). 2. Requiring a credit rating of “A3”Aa3 or better from Moody’s rating agency and “A-“AA- or better from Standard and Poor’s. […] SECTION 3. Division 5. Cash and Investment Management, Sec. 2-433. Primary objectives, (1) Safety. Page 2 of 4 d. Concentration risk. The term “concentration risk” means the risk associated with a high concentration of government funds which are note diversified. The city shall minimize concentration risk by: 1. Limiting investments with any one issuer to less than five fifteen percent of the investment portfolio. […] SECTION 4. Division 5. Cash and Investment Management, Sec. 2-438. Reporting, (a) Methods. The investment officer shall prepare an investment report monthly to City Council which shall be included in the financial update report. Additionally, investment holdings will be detailed at least once annually. SECTION 5. Division 7. Debt Management Policy, Sec. 2-505. Sound financing procedures. When the city utilizes debt financing, the following will occur to ensure that the debt is soundly financed: (1) Analysis of the financial impact, both short-term and long-term, of issuing the debt such that the issuance of debt keeps within the following guidelines; (1)a. Total tax-supported debt as a percentage of total taxable full not exceed 1.75%; and a.b. Total tax-supported debt service as a percentage of General Government Operating Revenues will not exceed 15%. SECTION 6. Division 13. Fund Balance Policy, Sec. 2-681. Operational guidelines. The following guidelines address the classification and use of fund balance in governmental funds: (1) Classifying fund balance amounts. Fund balance classifications depict the nature of the net resources that are reported in a governmental fund. An individual governmental fund may include nonspendable resources and amounts that are restricted, committed, or assigned, or any combination of those classifications. The general fund may also include an unassigned amount. (2) Encumbrance reporting. Encumbering amounts for specific purposes for which resources have already been restricted, committed or assigned should not result in separate display of encumbered amounts. Encumbered amounts for specific purposes for which amounts have not been previously restricted, committed or assigned, will be classified as committed or assigned, as appropriate, based on the definitions and criteria set forth in GASB Statement No. 54. (3) Prioritization of fund balance use. When an expenditure is incurred for purposes for which both restricted and unrestricted (committed, assigned, or unassigned) amounts are available, it shall be the policy of the city to consider restricted amounts to have been reduced first. When an expenditure is incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used, it shall be the Page 3 of 4 policy of the city that the committed amounts would be reduced first, followed by assigned amounts and then unassigned amounts. (4) Minimum unassigned fund balance. The city will maintain a minimum unassigned fund balance in its general fund of 1625 percent of the subsequent year's budgeted expenditures revenues. This minimum fund balance is to protect against cash flow shortfalls related to timing of projected revenue receipts and to maintain a budget stabilization commitment. (5) Replenishing deficiencies. When fund balance falls below the minimum 16 percent between 25 and 20 percent of the subsequent year’s budgeted revenues, the city will replenish shortages/deficiencies using the budget strategies and timeframes described below it over a period not to exceed one year. A deficiency resulting in a minimum fund balance less than 20 percent of the subsequent year’s budgeted revenues shall be replenished over a period not to exceed three years. The city will implement the following budget strategies in the case of shortage/deficiencies:.  The city will reduce recurring expenditures to eliminate any structural deficit; or  The city will increase revenues or pursue other fund sources; or  A combination of the two options above. Minimum fund balance deficiencies shall be replenished within the following time periods: ORDAINED this the 20th day of March, 2017. _______________________________________ Joe Lockwood, Mayor _________________________________________ Sudie AM Gordon, City Clerk (Seal) MUTONI�t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 14, 2017 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of a Property Acquisition Contract for a 2.55 - acre Tract Adjacent to Wood Road, with the Sellers being James and Tracy Smith, and the Acquisition Price being $275,000. MEETING DATE: Monday, March 20, 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: (,IVES () NO CITY ATTORNEY REVIEW REQUIRED: (yYES () NO APPROVAL BY CITY ATTORNEY: (APPROVED NOT APPROVED PLACED ON AGENDA FOR: & 311411j/7 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us V1 AGREEMENT FOR SALE OF REALTY TIIIS AGREEMENT FOR SALE OF REALTY (the "Agreement") is made and MILTON, GEORGIA, a duly formed municipality of the State of Georgia ("Buyer"), and JAMES A. SMITH and T C. SMITH ("Sellers"). 1. The Buyer agrees to buy, and the Sellers agree to sell, all that tract of land containing a total of 2,55 acres, more or less, as shown on Exhibit "A." attached hereto and incorporated herein by reference, and known as Fulton County Tax Parcel 22-393006310257 and including all structures, f,rxtures and appurtenances attached thereto (hereinafter referred to as the "Property"). 2. Purchase Price. The purchase price of the Property shall be $275,000.00. 3. Earnest lMone),. The Buyer will tender $10,000.00 in eamest money to the Sellers upon contract execution. 4. Due Diligence. The Buyer shall have a sixty (60) day Due Diligence period commencing immediately upon execution of this Agreement. During the Due Diligence period, the Buyer may conduct environmental testing, including but not limited to soil borings, and may otherwise generally inspect the Property and rnay terminate this Agreement with or without cause. If this Agreement is terminated during the Due Diligence period, the Eamest IVfoney identified in Paragraph 3 shall be retumed to the Buyer. If the Agreement is not so terminated, the Earnest Money shall be applied against the purchase price. At the conclusion of the Due Diligence period, the Buyer's right to terminate as described in this Section shall expire. Buyer shall procure, at Buyer's cost, a written title opinion establishing that title to the Property is good, insurable, and marketable, and vested in Sellers. Buyer, after examining said title opinion, shall notifu Sellers ofany defects or unacceptable exceptions thereto at least three (3) days prior to the end of the Due Diligence period. All issues as to title defects and/or unacceptable exceptions to title shall be satisfactorily resolved by Sellers prior to closing. It is agreed that such papers that may be legally necessary to carry out the terms of this Agreement shall be executed and delivered by the parties prior to closing. If the Buyer shall decline to accept the Property due to a title defect or other exception to title, then this Agreement shall be null and void, whereupon the parties hereto shall have no further rights, duties, obligations, or liabilities to one another hereunder, 5. Marketable Title. Sellers agree to furnish good, insurable, and marketable title to the Property. For the purposes of this Agreement, "good, insurable, and marketable title" shall mean fee simple ownership which is: (i) free from all claims, liens, and monetary encumbrances of any kind or nature whatsoever other than permiued exceptions expressly agreed to in writing by the Buyer; (ii) insurable by a reputable title inswance company at then-current standard rates underthe standard form of ATLA owner's policy of title insurance with all standard orprinted exceptions therein deleted and without exception other than for permitted exceptions expressly agreed to in writing by Buyer. The Property is sold subject only to the valid and agreed upon exceptions to title disclosed to the Buyer as of the date of closing and as presented in aceordance with this Agreement. 6. Warranty. The Sellers hereby affirmatively warrants that it has no knowledge of any latent or patent physical condition(s), hazards(s) or feature(s) of, on or below the Property that will in any material way impede with or frustrate the reasonable use of the Property by Buyer. 7. Public Hearine. Prior to closing on the Property, the Sellers acknowledge that the Buyer may hold a public hearing with respect to this purchase. 8. Closinq Date. A closing shall be conducted within thirty (30) days of the conclusion of the Due Diligence period described in Section 4. Title to the Property shall transfer to Buyer at the time of closing. At the closing, the Sellers shall deliver to the Buyer a Warranty Deed to the Property conveying good, insurable, and marketable title to the Property, and all mineral rights, with the hereditaments and appurtenances, to the Buyer and its assigns, in fee simple, free and clear of all liens, encumbrances, or exceptions on all or any part of the Property, except for easements, restrictions, and other exceptions of record, together with all right, title, and interest of the Sellers in and to the Property. 9. Taxes. All taxes, assessments, and encumbrances which are a lien against the Property and are due and payable at the time of conveyance to the Buyer shall be satisfied by the Sellers. Real estate taxes which are a lien (but are not yet due and payable) will be prorated as of the date of closing. The Sellers will pay the documentary revenue stamp tax or transfer, conveyance or recordation tax, assessment or charge, if any. 10. Risk of Loss. All risk of loss or damage to the Property will pass from the Sellers to the Buyer at closing. In the event that loss or damage occurs to the Property prior to closing, the Buyer may, without liability, refuse to accept the conveyance of title, or it altematively may elect to accept the conveyance of title to the Property "AS IS." The Sellers shall deliver possession of the Property to the Buyer at the time of closing. 11. Right of Entry. The Buyer may enter upon the Property at reasonable times for surveying and other reasonable purposes related to this transaction from the date ofexecution of this Agreement, through and including the time of delivery of possession of the Property to the Buyer by the Sellers. The Buyer's entry upon the Property in accordance with this paragraph shall be undertaken in such a manner so as to not unreasonably interfere with Sellers' ongoing operations or in such a manner as would do permanent or long-term damage to the Property. 12. Preservation of Properfv. The Sellers will prevent and refrain from any use of the Property for any pu{pose or in any manner which would adversely affect the Buyer's use and enjoyment of the Property in the future. In the event of such actions, the Buyer may, without liability, refuse to accept the conveyance of title, or the Buyer altematively may elect to accept conveyance of title to the Property. 13. Removal of Items. If there are improvements and fixtures on the Property, the Buyer will inspect such improvements/fixtures during the due diligence period and render a determination as to any fixtures or improvements (non-personalty) that the Buyer may want to retain. The Seller shall not remove any fixtures/improvements from the Property unless and until this inspection occurs. Following that inspection, the Buyer will advise the Seller of any fixtures or improvements that the Buyer wishes to retain. Any fixtures/improvements not identified by the Buyer may be removed by the Seller prior to closing. Seller shall have the right to remove personalty from the Property prior to closing. 14. Sgecific Performance. The parties agree that in the event of a breach hereof by the Sellers (i.e. the refusal to execute the deed at closing or to deliver possession of the Property to the Buyer at the appointed time), damages will be inadequate, and therefore the court having jurisdiction herein may award the Buyer specific performance in lieu of damages or any other remedies allowed by law. 15. Binding Effect. The agreements set forth herein are to apply to and bind the heirs, executors, administrators, successors, personal representatives and assigns of the Sellers. 16. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 17. Severability. If any paragraph, subparagraph, sentence, clause, phrase, or any portion of this 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. 18. Governins Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Georgia. 19. Broker or Asent. Any broker or agent fees incurred by Sellers in relation to this transaction shall be bome exclusively by the Sellers. IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR SALE OF REALTY as of the day and year f,rrst above written. SELLERS: rwl SIGNED, SEALED, AND DELIVERED Expires: 7,,i/!-'4 BY: SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public INOTARY SEAL] My Commission Expires: BUYER: CITY OF MILTON, GEORGIA Joe Lockwood, Mayor lcouNTY SEALI 5... fu*" "r.7 /*{1 Exhibit A L'(!14 lht €r 2010 'YbIl1--_-----14965 : \tr',t lrEOn r 5:ru I loi. r1l) 1 4865 3- 595 I iI14A t40141 LahGs End Rive rs 2OlSPErcel Srles 20 t4 P816l SEI€s 20 t3 Percel Seles '-EUu.f'"." T lr[738 ! +OJU t+4,? ft I 4735 + Parcel: 22 393006310257 Acres 2.55 SMiTH JAMES ANTHONY & SlH 1 10S0C BIRMINGHAM ROSWELL C tv) r,i:v14zU1 LEAII\U i UN FAKM UH ALPHARETTA, GA 3OOO4 1 1 090c Frrl.ra Corary ara!es pn eflo( tO O.OdU,je lh6 r|ujt rr1 ./ ale tnlorralton gossible No waranltes. eXprc$ed Cr tmDltOO, are prcv'Ox iol lne 6aE , ,rr' .n rts use or rnlerpret;irron The as*ssmerl r"i"r .,.rr':'. is fim lre last (Erl]fied Ia,roll All oala rs aubjecl to char€e belore lhe nexl r*(iflcd Inr& Ii Date onnled 03/0711 7 :otl 46:03