HomeMy WebLinkAboutAgenda Packet CC - 10/16/2017 - City Council Meeting Agenda Packet
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US
Persons needing special accommodations in order to participate in any City meeting should call
678.242.2500.
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Matt Kunz
Bill Lusk
Burt Hewitt
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, October 16, 2017 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Jason Howard, Stonecreek 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. 17-258)
4) PUBLIC COMMENT
MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 16, 2017
Page 2 of 4
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678.242.2500.
5) CONSENT AGENDA
1. Approval of the October 2, 2017 Regular City Council Meeting Minutes.
(Agenda Item No. 17-259)
(Sudie Gordon, City Clerk)
2. Approval of Revisions to the Supplemental Pay for Sworn Police and
Certified Fire Personnel Receiving College Credit Toward Degrees.
(Agenda Item No. 17-260)
(Sam Trager, Human Resources Director)
3. Approval of a Deposit Account Agreement between The City of Milton,
Georgia and The Bancorp Bank for the Production and Administration of
Payment for FSA Cards.
(Agenda Item No. 17-261)
(Sam Trager, Human Resources Director)
4. Approval of Ratification of a Mediation Agreement (and Ratification of
the City Manager Executing Same) in the Case Fulton County, GA v. Drive
Time Car Sales Company, LLC, et al, Civil Action File No.: 2017CV290578.
(Agenda Item No. 17-262)
(Ken Jarrard, City Attorney)
5. Approval of the Agreement for Vehicle Maintenance and Light Repairs
between the City of Milton and Extra Mile Auto Tire & Service, LLC.
(Agenda Item No. 17-263)
(Bernadette Harvill, Finance Director)
6. Approval of the Agreement for Vehicle Maintenance and Light Repairs
between the City of Milton and Express Oil Change, LLC.
(Agenda Item No. 17-264)
(Bernadette Harvill, Finance Director)
7. Approval of a Work Order Addendum to the Master Services Agreement
between the City of Milton and VC3, Inc., Providing for Lease of, and
Maintenance to, Mobile Data Terminals.
(Agenda Item No. 17-265)
(David Frizzell, IT Manager)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 16, 2017
Page 3 of 4
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678.242.2500.
6) REPORTS AND PRESENTATIONS
1. Proclamation Recognizing Breast Cancer Awareness Month.
(Councilmember Longoria, Councilmember Mohrig, and Councilmember Thurman)
2. Proclamation Recognizing Cambridge High School FFA Organization.
(Councilmember Bill Lusk)
3. Presentation of Proposed Milton Trails Blueprint.
(Kathleen Field, Community Development Director)
7) FIRST PRESENTATION (None)
8) PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATIONS
1. Consideration of the Issuance of a Limited Alcohol Beverage License to
Whitetail Bicycles, Inc., 770 Mid Broadwell Road, Milton, Georgia 30004.
(Agenda Item No. 17-266)
(Bernadette Harvill, Finance Director)
2. Consideration of the Issuance of an Alcohol Beverage License to BobbyGs
LLC., d/b/a BobbyGs Chicago Eatery, 12990 Highway 9 N., Suite 114,
Milton, Georgia 30004
(Agenda Item No. 17-267)
(Bernadette Harvill, Finance Director)
3. Consideration of the Issuance of an Alcohol Beverage License to
Guitron Webb Road, LLC, d/b/a Blue River Tavern, 12990 Highway 9 N.,
Suite 102, Milton, Georgia 30004.
(Agenda Item No. 17-268)
(Bernadette Harvill, Finance Director)
PUBLIC HEARING
1. Consideration of a Resolution of the City of Milton, Georgia Extending Until
January 9, 2018, an Existing Moratorium Barring the Acceptance of
Applications for Concept Plan Approval and Applications for Issuance of
Land Disturbance Permits for Residential Development of Property in the T-
6 Transect Zone within the Deerfield Form Based Code District.
(Agenda Item No. 17-269)
(Kathleen Field, Community Development Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 16, 2017
Page 4 of 4
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678.242.2500.
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS
1. Consideration of a Resolution of the City of Milton, Georgia Extending
until January 9, 2018, an Existing Moratorium Barring the Acceptance of
Applications for Concept Plan Approval and Applications for Issuance of
Land Disturbance Permits for Residential Development of Property in the T-
6 Transect Zone within the Deerfield Form Based Code District.
(Agenda Item No. 17-269)
(Public Hearing Held at October 16, 2017 Regular City Council Meeting)
(Kathleen Field, Community Development Director)
11) NEW BUSINESS
1. Consideration of a Resolution of the City of Milton Authorizing a Pre-
Application for a Land and Water Conservation Fund Grant with the
Department of Natural Resources.
(Agenda Item No. 17-270)
(Jim Cregge, Parks & Recreation Director)
2. Consideration of Three Lease Agreements Related to the Mayfield Road
Property Acquisition between the City of Milton and the City of Alpharetta
for Future Park Space.
(Agenda Item No. 17-271)
(Ken Jarrard, City Attorney)
12) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Community Development
2. Police
13) EXECUTIVE SESSION (if needed)
14) ADJOURNMENT
(Agenda Item No. 17-272)
MILTON�
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 11, 2017
FROM: Steven Krokoff, City Manager 0
AGENDA ITEM: Approval of Revisions to the Supplemental Pay for Sworn
Police and Certified Fire Personnel Receiving College Credit
toward Degrees.
MEETING DATE: Monday, October 16, 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: (U'S'ES () NO
CITY ATTORNEY REVIEW REQUIRED: (,KYES () NO
APPROVAL BY CITY ATTORNEY. (,),-APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 1606/1(►-)
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
V
To: Honorable Mayor and City Council Members
From: Sam Trager, Director of Human Resources
Date: Submitted on October 10, 2017 for the October 16, 2017 Regular
City Council Meeting
Agenda Item: Approval of Revisions to the Supplemental Pay for Sworn Police and
Certified Fire Personnel Receiving College Credit Toward Degrees
_____________________________________________________________________________________
Department Recommendation: Approve the following revisions to the Personnel
Handbook.
Executive Summary: Due to changes recently made to the educational incentive and
the way we administer the plan, revisions were necessary to reflect the current plan.
Funding and Fiscal Impact: Funding is included in the FY 18 budget.
Alternatives: Other Council directed action.
Legal Review: Megan Martin, Jarrard and Davis, 10/6/2017
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s): Proposed policy changes
Current Policy
Supplemental Pay for Sworn Police and Certified Fire Personnel Receiving College
Credit Toward Degrees
The City will offer $1000 in supplemental base pay to sworn police and certified fire
personnel who complete 60 semester hours of college credit (or equivalent quarter hours)
from an accredited college or university with proof of transcript. Sixty hours typically
equates to an Associate’s Degree. The City will also offer an additional $1000 to an
employee’s base pay for completing his/her Bachelor’s Degree and $1000 for an
employee who attains their Master’s degree from an accredited college or university. The
most an employee may receive is $3000 in educational supplemental pay during their
tenure with the City. All supplemental pay will be added to the base pay amount. These
supplements will be applied either during the hiring process for those prospective
employees who meet the above educational standard or for those existing full-time
employees who meet the above standards during their course of employment.
Proposed Policy
Supplemental Pay for Sworn Police and Certified Fire Personnel Receiving College
Credit Toward Degree
Full-time sworn police and certified fire personnel may be eligible for educational
supplemental pay upon completion of an Associate’s, Bachelor’s or Master’s degree.
Sixty (60) semester hours (or equivalent quarter hours) of course work will equate to an
Associate’s degree. Only course work and/or degrees through an accredited college or
university shall qualify an employee for educational supplemental pay. A transcript will
be required to verify all coursework. An employee may not receive educational
supplemental pay unless the completed course work or degree is at a higher level than the
highest degree currently held by the employee. For example, an employee with a
Bachelor’s degree cannot receive supplemental pay for an Associate’s level degree or
Bachelor’s level course work. An employee with a degree conferred before January 1,
2017 receives educational supplemental pay for such degree as part of his or her base
salary. Accordingly, employees are not eligible for annual lump sum educational
supplemental payments for degrees conferred prior to January 1, 2017.
Educational supplemental pay pursuant to this Section shall be a lump sum payment
amount of $1,000.00 per degree per year. This supplemental payment will not increase
the employee’s base salary and is subject to the availability of budgeted funds. An
employee may not receive more than $3,000 annually in educational supplemental pay in
his or her tenure with the City.
Any supplemental educational pay incentive given in the form of a base salary increase
prior to the modified date of this Section shall remain effective.
TO:
FROM:
I LTO NIP
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: October 11, 2017
Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Deposit Account Agreement between The City
of Milton, Georgia and The Bancorp Bank for the Production
and Administration of Payment for FSA Cards
MEETING DATE: Monday, October 16, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,KAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (�KYES () NO
CITY ATTORNEY REVIEW REQUIRED: (,?EYES () NO
APPROVAL BY CITY ATTORNEY: (,.KAPPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 101'61"0"1
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us
0000
`.
To: Honorable Mayor and City Council Members
From: Sam Trager, Director of Human Resources
Date: Submitted on October 10, 2017 for the October 16, 2017 Regular
City Council Meeting
Agenda Item: Approval of a Deposit Account Agreement between The City of
Milton, Georgia and The Bancorp Bank for the Production and
Administration of Payment for FSA Cards
_____________________________________________________________________________________
Department Recommendation: Approve the attached Agreement with The Bancorp
Bank.
Executive Summary: The Bancorp Bank will provide debit cards for employees who
have an FSA account with our provider Admin America. Additionally, they will pay all
claims through their system and through our account.
Funding and Fiscal Impact: None.
Alternatives: Other Council directed action.
Legal Review: Jeff Strickland, Jarrard and Davis (10/02/2017)
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s): The Bancorp Bank Deposit Account Agreement
The Bancorp Bank Payment Solutions Group
Deposit Account Agreement
This Deposit Account Agreement, dated as of _____________, is between The Bancorp Bank, with its headquarters
located at 6100 S. Old Village Place, Sioux Falls, South Dakota (“Bank”) and ______________________________,
located at ____________________________________________________________________________ (“Client”).
Please ensure that this is the Legal Business Name and Address of Entity (This must coincide with the name
on the IRS documentation also required)
Recitals
Client provides employee benefit plan participants the ability to access their benefit accounts electronically through
a stored value card (“Card”) similar to a debit card transaction. Bank is a member of Visa / MasterCard and is in the
business of issuing cards and establishing accounts for the settlement of card transactions.
Client is establishing a non-interest bearing deposit account (the “Collateral Account”) for the purpose of enabling
Bank to settle Card transactions in a timely manner.
Evolution1 and _____________________________________ (Partner) have entered into an agreement to provide
Card services to employers such as Client.
Purpose
Bank and Client enter into this Deposit Account Agreement to provide the following:
1. The Client will have no access to the funds deposited into the Collateral Account until their return by
the Bank pursuant to the terms of Paragraph 3 or 4 below.
2. The Client authorizes the Bank to use funds in the Collateral Account only for the purposes of settling
Card transactions and paying fees debited from cardholders’ accounts, both further limited to Cards
issued to Client participants.
3. 120 days following the deactivation of all Cards associated with Client, Bank will return all remaining
Client funds in the Collateral Account.
4. As collateral for the Client’s obligations to the Bank, the Client hereby grants to the Bank a first
priority security interest in all funds held in the Collateral Account.
5. View-only access to the Collateral Account information is granted to Evolution1 and Partner for the
purpose of assisting the Bank and Client in resolving any relevant banking questions that may arise.
6. Bank will provide Client monthly statements of Collateral Account activity.
7. This Agreement shall be interpreted and governed in accordance with the laws of Delaware.
8. Client agrees to fund the Collateral Account in an amount reasonably required by Bank (the “Funding
Amount”), as indicated by the following table, by applying the initial collateral rate to the annual
aggregate election amount that will be loaded onto the Cards. Client will maintain the Funding
Amount by periodically transferring additional funds as nec essary to replace amounts settled by Bank.
Please select one of the following:
Select
one Replenishment Option
Initial
Collateral
Rate
Daily ACH Debit, initiated by Bank 3%
Weekly ACH Debit, initiated by Bank 5%
Weekly ACH Credit, initiated by Client 7%
Weekly Wire, initiated by Client 6%
EV1013015
If utilizing Weekly ACH Credit or Wire replenishment, funds are required to be deposited into the
Collateral Account by end of business each Tuesday for the previous Monday through Sunday
settlement week.
SMALL CASE CLIENT SET UP: In the event that calculated Funding Amount (based on the annual
benefit account elections) for the desired replenishment option is less than the required minimum
$2,500, the Funding Amount will be the lesser of $500 or $100 per participant for clients with 1-5
cardholders or the greater of $500 or 3% for clients with 6 or more cardholders; however, the Client
must use Daily ACH Debit replenishment.
WEEKLY REPLENISHMENT: The minimum funding for weekly replenishment is the grea ter of
$2,500 or the calculated amount associated with the selected replenishment option.
Client agrees that its failure to maintain the Funding Amount as required may result in Cards being
suspended until the account is properly funded. If using one of t he ACH Debit replenishment options,
the attached Authorization for ACH Debits / Credits must be completed and returned with a copy of a
voided check or spec sheet.
9. Client may request that the Funding Amount be reduced to take into account events such as a reduction
in workforce resulting in a significant decrease in the number of Client’s Cards. Bank will not
unreasonably refuse to adjust the Funding Amount and return any difference to Client.
10. Legal Entity Type (i.e. Corporation, Limited Partnership, Partn ership, Sole Proprietorship, Trust, etc.):
________________________________________________________
Please print
11. Industry Type (North American Industry Classification System (NAICS): i.e. Manufacturing, Retail,
Construction, Commercial Banking, Finance and Insurance, Educational Services, Food Services,
Transportation, etc.)
________________________________________________________
Please print
12. Additional authorized account signors, if necessary:
Signature: ___________________________ Signature: __________________________
Printed Name: _______________________ Printed Name: _______________________
Title: ______________________________ Title: ______________________________
**** Please return the signed agreement with a copy of your IRS Form SS4 (EIN Assignment Letter).
Agreements submitted without the documentary evidence may be delayed. ****
Additional documentation may be requested to verify business address and/or business name. You will be
contacted by a Bank representative if any additional documentation is required.
The parties have executed this Agreement as of the date written above.
Client: The Bancorp Bank:
Signature: ______________________________ Signature: ____________________________
Printed Name: __________________________ Name: _______________________________
Title: _________________________________ Title: ________________________________
Telephone Number: _____________________
Fax Number: __________________________
Email Address: ________________________
Company Tax ID Number: _____________
MILTONft
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: Ober 9, 2017
FROM: Steven Krokoff, City Manager 0)
AGENDA ITEM: Approval of Ratification of a Mediation Agreement (and
Ratification of the City Manager Executing Same) in the Case
Fulton County, GA v. Drive Time Car Sales Company, LLC, et
al, Civil Action File No.: 2017CV290578.
MEETING DATE: Monday, October 16, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (��PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (44ES () NO
CITY ATTORNEY REVIEW REQUIRED: (44ES () NO
APPROVAL BY CITY ATTORNEY: („)/APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 10116,/10"
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
MEDIATION AGREEMENT
THIS MEDIATION. AGREEMENT is between. ROBERT J PROCTOR (the "Mediator")
and the parties and counsel more particularly identified. below (the ``Participants") with reference
to the following proceeding (the "Proceeding"):
Court: Fulton Superior Court
Case: Fulton. County, Georgia, et al v. DriveTime (ar Sales Company, LLC, et
al, Civil Action File No.: 2017CV290578
Judge: Hort. Craig &hwall
1. Mediator has been appointed by the Court in the referenced p oceeding to. serve as mediator
between and among the Participants with reference to the Proceedirig.
2. All matters concerning this mediation shall be governed by the provisions of Article VII
of the Georgia Supreme Court Alternative Dispute Resolution Rules�regarding Confidentiality and
Immunity which are incorporated herein by this reference.
3. The Mediator shall be compensated at the rate of $400. per hoax (in quarter hour increments)
for actual time expended in reference. to the mediation, including !time spent preparing for and
admiriistering the mediation, together with any actual out of pocket expenses incurred. The fee
shall.be divided equally between the plaintiff/petitioner and defendar t]respondents (including third
party defendants.).. If there are multiple plaintiffs/petitioners or defendantlresporiden#s, Mediator
will on request issue multiple"bills but each of the.Participants shall be jointly and severally liable
for their one-half of the total bill. Nothing contained Herein prohibits;'a Participant from petitioning
the Court for a different division of Mediator's fees and expenses.
Executed in multiple counterparts.
MEDIATOR
1sl Robert J. Proctor
Robert J. Proctor
Date of execution: 10/V2017
I
i
l
I
PARTICIPANT SIGNATURE PAGE TO MEDIATION AGREEMENT
WITH. MEDIATOR ROBERT J. PROCTOR
Name of Party: City of Milton; Georgia
Type of Party:: Defendant
Counsel identification:
Names): Richard A. Carothers.
E. Ronald. Bennett, Jr.
Ficin Names); Carothers & Mitchell., LLC
Addresses. for US Mail: 1.809 Buford Highway, Buford, Georgia 3618.
Email addresses: richard.carothers@carmitch.com
i
ron. bennett@e armitch. corn
Telephone Numbers. 770-932-3552
(Please. indicate lead attorney(§) ifthere are multiple counsel): Ricl ard.A. Carothers
PARTICIPANT EXECUTION
Name of Party to` ty of Milton, Georgia
By:
Representative capacity:
Date of execution:
Counsel, for Participant:
Richard A. Carothers Date: 1016117
E. Ronald Bennett, Jr. Date: 1.016117
10
MHA"ONIP
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: ctober 9, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of the Agreement for Vehicle Maintenance and
Light Repairs between the City of Milton and Extra Mile Auto
Tire & Service, LLC.
MEETING DATE: Monday, October 16, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (1PPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (44ES () NO
CITY ATTORNEY REVIEW REQUIRED: (r<ES () NO
APPROVAL BY CITY ATTORNEY: {�APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 10101°V)
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
HOME OF 'THEBEST QUALITY OF LIFE IN GEORGIA'
LTON' -
ESTABLISHED 2006
AGREEMENT FOR VEHICLE MAINTENANCE AND REPAIRS
THIS AGREEMENT is made and entered into this day of 20_, 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 Extra Mile Auto Tire and Service, LLC., a Georgia Limited Liability
Company, (herein after referred to as the "Contractor"), collectively referred to herein as the
"Parties."
WITNESSETH:
WHEREAS, City desires to retain Contractor to provide certain services generally
described as routine maintenance and repairs for City department vehicles (the "Work"); and
WHEREAS, City finds that specialized knowledge, skills, and training are necessary to
perform the Work (defined below) contemplated under this Agreement; and
WHEREAS, Contractor has represented that it is qualified by training and experience to
perform the Work; 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, and the Work, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that may in any manner affect cost, progress or
performance of Work.
NOW, THEREFORE, for and in consideration of the mutual promises, the public
purposes, and the acknowledgements and agreements contained herein, and other good and
adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually
agree as follows:
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Agreement. The Agreement shall consist of this Professional Services
Agreement and each of the Exhibits hereto, which are incorporated herein by reference,
including:
Exhibit "A" - City Solicitation Documents
Exhibit "B" - Contractor Response/ Proposal
Vehicle Maintenance and Repair Agreement 11
Exhibit "C" - Scope of Work
Exhibit "D" - Contractor Affidavit
Exhibit "E" - Subcontractor Affidavit
Exhibit "F" - RESERVED
B. Proiect Description. The "Project" at issue in this Agreement is generally
described as: Vehicle maintenance and light repair services to City of Milton fleet vehicles.
C. The Work. The Work to be completed under this Agreement (the "Work")
includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit
"C", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit
"C", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat,
utilities, transportation, facilities, services and any other miscellaneous items and work necessary
to complete the Work. Some details necessary for proper execution and completion of the Work
may not be specifically described in the Scope of Work, but they are a requirement of the Work if
they are a usual and customary component of the contemplated services or are otherwise
necessary for proper completion of the Work.
All services shall be stated on a written service ticket or other form that can be reviewed
and approved by the City or its designated employees prior to performance. For services not
specifically described and firmly priced in this Agreement, the service ticket shall state the exact
nature of the services and the price to be charged, which shall be approved prior to performance.
D. Schedule, Completion Date 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 on October 1, 201.7 ("Effective Date") and
terminate without further obligation on the part of City on September 30, 2018 (provided that
certain obligations will survive the Term). In accordance with O.C.G.A. g 36-60-13, this
Agreement shall automatically renew for two successive annual renewal terms absent City's
provision of written notice of non -renewal to Contractor at least five (5) days prior to first day of
the renewal term. Title to any supplies, materials, equipment, or other personal property shall
remain in Contractor until fully paid for by City.
II. WORK CHANGES
A. Change Order Defined. A "Change Order" means a written modification of the
Agreement, signed by representatives of City and Contractor with appropriate authorization.
B. Right to Order Changes. City reserves the right to order changes in the Work to
be performed under this Agreement by altering, adding to, or deducting from the Work. All such
changes shall be incorporated in written Change Orders and executed by Contractor and City.
Such Change Orders shall specify the changes ordered and any necessary adjustment of
compensation and completion time. If the Parties cannot reach an agreement on the terms for
performing the changed work within a reasonable time to avoid delay or other unfavorable
impacts as determined by City in its sole discretion, City shall have the right to determine
reasonable terms, and Contractor shall proceed with the changed work.
Vehicle Maintenance and Repair Agreement 12
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 executed on behalf of City and Contractor.
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 any Change Order affecting the price where the
Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of
the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten
percent of the original contract amount.
III. COMPENSATION AND METHOD OF PAYMENT
A. Payment Terms. City agrees to pay 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
all supporting documents requested by City to process the invoice. Invoices shall be submitted
on a monthly basis. Any material deviations in tests or inspections performed, or times or
locations required to complete such tests or inspections, and like deviations from the Work
described in this Agreement shall be clearly communicated to City before charges are incurred and
shall be handled through Change Orders as described in Section II above. City shall pay
Contractor within thirty (30) days after approval of the invoice by City staff..
B. Maximum Contract Price. The total amount paid in each annual term under this
Agreement as compensation for Work performed and reimbursement for costs incurred shall not,
in any case, exceed $100,000 (the "Maximum Contract Price'), except as outlined in Section II(C)
above. The compensation for Work performed shall be based upon the number of vehicles
brought in for service, the type of service requested, and the unit price schedule and extra work
hourly rates set forth in Exhibit "B". The City does not guarantee any minimum amount of work
under this Agreement, and annual compensation is expected to be less than the Maximum
Contract Price.
C. Reimbursement for Costs. There shall be no reimbursement for costs except the
cost for replacement parts as expressly provided in Exhibit "B" or else as separately agreed to by
City in writing.
IV. 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
Vehicle Maintenance and Repair Agreement 13
capacity, experience, and professional skill and judgment to provide the Work in pursuit of the
timely and competent completion of the Work undertaken 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. City will not, and need not, inquire into adequacy, fitness, suitability or correctness
of Contractor's performance. Contractor further agrees that no approval of designs, plans,
specifications or other work product by any person, body or agency shall relieve Contractor of
the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under
professional and industry standards, or for performing services under this Agreement in
accordance with sound and accepted professional and industry principles.
D. 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.✓ws 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.
Vehicle Maintenance and Repair Agreement 14
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.
Vehicle Maintenance and Repair Agreement 15
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.
I. 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 and
$2,000,000 (two million dollars) aggregate for comprehensive
coverage including for bodily and personal injury, sickness, disease
or death, injury to or destruction of property, including loss of use
resulting therefrom.
(b) Commercial Automobile Liability (owned, non -owned, hired)
coverage of at least $1,000,000 (one million dollars) combined single
limit per occurrence for comprehensive coverage including bodily
and personal injury, sickness, disease or death, injury to or
destruction of property, including loss of use resulting therefrom.
(c) Garage Liability and/or Garage Keeper Liability of at least $500,000
(five hundred thousand dollars) per automobile per accident limit
for claims arising out of garage/ mechanic's services and caused by
Contractor's errors, omissions, or negligent acts. (This insurance is
Vehicle Maintenance and Repair Agreement 16
needed only if Contractor's other policies do not fully provide such
coverage.)
(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 entitled 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: $ _N/A_ per
occurrence shall be provided and will apply over all liability
policies, without exception, including but not limited to
Commercial General Liability, Commercial Automobile Liability,
Employers' Liability, and Garage/Garage Keeper 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 (if applicable)
Umbrella L iabili!y 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
Vehicle Maintenance and Repair Agreement 17
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.
(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.
Vehicle Maintenance and Repair Agreement 18
(iii) 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 IV(G) of
this Agreement.
(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) 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.
(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, and have an effective date which is on or
prior to the Effective Date.
(9) City as Additional Insured and Loss Payee: City shall be named as an
additional insured and loss payee on all policies required by this
Agreement, except City need not be named as an additional insured and
loss payee on any Workers' Compensation policy.
Vehicle Maintenance and Repair Agreement 19
(10) 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. 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.
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. 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 subcontractor(s) attestation of the
subcontractors 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 Contractors 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
Vehicle Maintenance and Repair Agreement 110
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 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.]
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.
K. Records, Reports and Audits.
(1) Records:
(a) Books, records, documents, account legers, data bases, and similar
materials relating to the Work performed for City under this
Agreement ("Records") shall be established and maintained by
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
Vehicle Maintenance and Repair Agreement 111
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
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.
L. 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
Vehicle Maintenance and Repair Agreement 112
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.
M. 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.
N. Key Personnel. RESERVED
O. Meetings. Contractor is required to meet with City's personnel, or designated
representatives, to resolve technical or contractual problems that may occur during the Term of
this Agreement at no additional cost to City. Meetings will occur as problems arise and will be
coordinated by City. City shall inform Contractor'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 Contractors option and expense,
a conference call meeting may be substituted. Consistent failure to participate in problem
resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good
faith effort to resolve problems, may result in termination of this Agreement for cause.
P. Authority to Contract. The individual executing this Agreement on behalf of
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.
Q. Ownership of Work. RESERVED
R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
all other provisions of Federal law, Contractor agrees that, during performance of this
Vehicle Maintenance and Repair Agreement 113
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.
S. Warranty. Work shall be warranted as stated in Exhibit "B."
V. COVENANTS OF CITY
A. Right of Entry. RESERVED.
B. City's Representative. Scott Mulvey shall be authorized to act on City's behalf
with respect to the Work as City's designated representative on this Project; provided that any
changes to the Work or the terms of this Agreement must be approved as provided in Section II
above.
VI. TERMINATION
A. For Convenience. City may terminate this Agreement for convenience at any time
upon providing written notice thereof at least seven (7) calendar days in advance of the
termination date.
B. For Cause. Contractor shall have no right to terminate this Agreement prior to
completion, 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 Contractors 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. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement
shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall
terminate immediately and absolutely at such time as appropriated or otherwise unobligated
funds are no longer available to satisfy the obligation of City.
D. Payment Upon Termination. Upon termination, City shall provide for payment
to 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
Maximum Contract Price.
E. Conversion to Termination for Convenience. If City terminates this Agreement
Vehicle Maintenance and Repair Agreement 114
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, 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.
G. 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.
VII. MISCELLANEOUS
A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the
complete agreement between the Parties and supersedes any and all other agreements, either oral
or in writing, between the Parties with respect to the subject matter of this Agreement. No other
agreement, statement or promise relating to the subject matter of this Agreement not contained
in this Agreement shall be valid or binding. This Agreement may be modified or amended only
by a written Change Order (as provided in Section II above) or other document signed by
representatives of both Parties with appropriate authorization.
B. Successors and Assigns. Subject to the provision of this Agreement regarding
assignment, this Agreement shall be binding on the heirs, executors, administrators, successors
and 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. CaRtions 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.
Vehicle Maintenance and Repair Agreement 1 15
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.
(1) Communications Relating to Day -to -Day Activities. All communications
relating to the day-to-day activities of the Work shall be exchanged
between City's representative (named above) for City and 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
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO CONTRACTOR shall be sent to:
Extra Mile Auto Tire & Service, LLC
2875 Bethany Bend
Milton, Georgia 30004
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.
Vehicle Maintenance and Repair Agreement 1 16
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 and has notified City of
any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this
Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern.
The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this
Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed
against a Party because it was responsible for drafting one or more provisions of the Agreement.
In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and
articles such as "the" and "an," but the fact that a modifier or an article is absent from one
statement and appears in another is not intended to affect the interpretation of either statement.
Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural
forms, unless the context of their usage clearly requires contrary meaning.
M. Force Majeure. Neither City nor 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.
Vehicle Maintenance and Repair Agreement 1 17
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]
Vehicle Maintenance and Repair Agreement 1 18
CONTRACTOR: Ex a Mile Auto Tire &Service, LLC
Signature: /� r
Print Name:
Title: / gig -
President/Vice
President/Vice President (Corporation)
[CORPORATE SEAL]
(required if corporation)
Attest/Witness:
Signature.
Print Name: OSL r. '�
Title:
(Assistant) Corporate Secretary (required if corporation)
Attest:
Signature:
Print Name: _
Title: City Clerk
Approved as to form:
City Attorney
CITY OF MILTON, GEORGIA
Bv: Joe Lockwood, Mavor
[CITY SEAL]
Vehicle Maintenance and Repair Agreement 1 19
EXHIBIT "A"
Vehicle Maintenance and Repair Agreement 120
'9_ i I 1k, I
_TO�N�t
es iAn NI I'M 2M,
RFP Number: RFP Title:
17-CMO1 j City Vehicle Maintenance and Light Repair Services
Due Date and Time: Aug 24, 2017
Local Time: 2:00 p.m. j Number of Pages: 49
ISSIUINC DEPARTMENT INFORMATION
Issue Date: Aug 3, 2017
City of Milton Phone: 678-242-2500
2006 Heritage Walk Fax: 678-242-2499
Milton, Ga. 30004 Website: www.cityofmiltonga.us
INSTRUCTIONS TO OFFERORS
Return Proposal to:
Mark Face of Envelope/Package:
Offeror FAX Number:
RFP Number: 17-CM01
City of Milton
Name of Company or Firm �
Attn: Honor Motes, Purchasing Office
---- _ -__
Special Instructions:
2006 Heritage Walk
Deadline for Written Questions
Milton, Ga. 30004
Aug 14, 2017 at 5:00 pm
Email questions to Honor Motes at
honor. motes@cityofmiltonga.us
IMPrJRT ,Ni SEE STANDARD TERMS AND
CONDITIONS
OFFERORS MUST COMPLETE THE FOLLOWING
Off ror Nam ; Addr ,s: ; Authorized Offeror Signatory /
eA875-
'f ®,,� OoPlease print name a si n 4in ink
Offeror Phone Number:
Offeror FAX Number:
Offe�rprFederal I.D. Number:
-�
Offeror E -m it Address:
OFFERORS MUST RETURN THIS COVER SHEET WITH RFP REOOK9E
2006 Heritage Walk Miiton. GA 30004 P: 678.242.25001 F: 678.242.249; info(-'cityofrr.ilion,)a.us i :Yw,,v.cityofmiltonga.t.s
2 1 RFP i 7-CMO1
TABLE OF CONTENTS
Offeror's RFP Checklist
Disclosure Form
Schedule of Events
Section 1: Project Overview and Instructions
Section 2: RFP Standard Information
Section 3: Scope of Project
Section 4: Offeror Qualifications
Section 5: Cost Proposal
Section 6: Evaluation Criteria
Section 7: Standard Contract Information
Standard Contract
4 1 RFP 17-1-IM01
L"rO
Eb"i'rtlSLi5ii�U 2004
CITY OF MILTON DISCLOSURE FORM
MUST BE RETURNED WITH PROPOSAL
This form is for disclosure of campaign contributions and family member relations with City
of Milton officials/employees.
Please complete this form and return as part of your RFP package when it is submitted.
Name of Offeror
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
List the dollar amount/value and description of each campaign contribution made over
the past two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value
Description
Please list any family member that is currently (or has been employed within the last 12
months) by the City of Milton and your relation:
5 ( RFP 17-CMOI
UN*,
L - t - rst�L�s! �o zax�
MUST BE RETURNED WITH PROPOSAL
RFP 17-CM01 PROPOSAL LETTER
We propose to furnish and deliver any and all of the deliverables and services named in
the Request for Proposal (RFP) - RFP 17-CM01, City Vehicle Maintenance and Light Repair
Services.
It is understood and agreed that we have read the City's specifications shown or
referenced in the RFP and that this proposal is made in accordance with the provisions of
such specifications. By our written signature on this proposal, we guarantee and certify
that all items included meet or exceed any and all such City specifications. We further
agree, if awarded a contract, to deliver goods and services which meet or exceed the
specifications. The City reserves the right to reject any or all proposals, waive
technicalities, and informalities, and to make an award in the best interest of the City.
PROPOSAL SIGNATURE AND CERTIFICATION
I understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the
proposal and certify that I am authorized to sign for my company. I further certify that the
provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not
been violated and will not be violated in any respect.
Authorized Signature
Print/Type Name
Print/Type Company Name
Date
7 i RFP 17-PWO1
SCHEDULE OF EVENTS
Task
Date
Issue RFP
Aug 3, 2017
Deadline for Questions
Aug "14, 2017 by 5:00 p.m. EST
Answers Posted by the City
On oi, about, Aug 17, 2017
(Addendum)
i
Proposals Due
By 2:00 p.m. EST on Aug 24, 2017
Award Contract
Sept 25, 2017 (proposed)
NOTE: PLEASE CHECK THE CITY WEBSITE (hifp://www.cityofmiltonga.us) OR THE DOAS
WEBSITE (http://ssi.doas.state.ga.us/P.RSapp/`PR_._index.isp) FOR ADDENDA AND
SCHEDULE UPDATES.
8 1 RFP 17-PWO1
SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS
1.0 BACKGROUND AND STATEMENT OF INTENT
The City of Milton is requesting sealed proposals from qualified Offerors with
demonstrated professional competence and experience to provide for the fleet
vehicle maintenance and light repair services as specified in the Scope of Work
(Section 3). The awarded contractors must be located within four (4) road miles of
Milton City Hall or Milton Police Department and have a location of suitable size and
personnel to handle the repair and maintenance of the fleet vehicles without
undue delay. City Hall is located at 2006 Heritage Walk Milton GA 30004. Milton
Police Department is located at 13000 Deerfield Parkway, Milton GA 30004. The
City of Milton may and prefers to award multiple non-exclusive contracts. However,
the City reserves the right to award the RFP to one Contractor if needed. The City
desires a three (3) year agreement which is renewed annually. A list of existing city
vehicles is attached herein as examples only. The number, make/model and
composition may change without prior notice. The selection will be based on
overall price, services, performance, reliability and location convenience of the
proposers. It is the intent to award this RFP to "Full Service Providers". The City
reserves the right to award a specific service (i.e. Tires) to an offeror if it's in the best
interest of the City. The City's needs are outlined in the following Request for
Proposal (RFP). All offerors must comply with all general and special requirements of
the RFP information and instructions enclosed herein.
1.1 SINGLE POINT OF CONTACT
From the date this Request for Proposals (RFP) is issued until an Offeror is
selected, Offerors are not allowed to communicate with any City staff or elected
officials regarding this procurement, except at the direction of Honor Motes. Any
unauthorized contact may disqualify the Offeror from further consideration.
Contact information for the single point of contact is as follows:
Procurement Office: Honor Motes
Address: 2006 Heritage Walk, Milton, GA 30004
Telephone Number: 678-242-2507
E-mail Address: honor.motes@cityofmiltonga.us
1.2 REQUIRED REVIEW
A. Review RFP.
Offerors should carefully review the instructions; mandatory requirements,
specifications, standard terms and conditions, and standard contract
set out in this RFP and promptly notify the procurement office
identified above via e-mail of any ambiguity, inconsistency, unduly
restrictive specifications, or error which they discover upon examination
of this RFP.
B. Form of Questions.
Offerors with questions or requiring clarification or interpretation of any
section within this RFP must:,ubmit their questions in writing via email to the
procurement office referenced above on or before 5 PM (EST) on Aug 14,
9 1 RFP 17-PWO1
2017 . Each question must provide clear reference to the section,
page, and item in question. Questions received after the deadline
may not be considered.
C. City's Answers.
The City will provide an official written answer to all questions on or about
August 17, 2017. The City's response will be by formal written addendum.
Any other form of interpretation, correction, or change to this RFP will not
be binding upon the City. Any formal written addendum will be posted
alongside the posting of the RFP at http://www.cityotmiltonga.us or
http://ssl.doos.state.ga.us/PRSapp/PR_index.jsp. Offerors must sign and
return any addendum with their RFP response.
D. Standard Contract.
By submitting a response to this RFP, Offeror agrees to acceptance of the
City's standard contract. Much of the language included in the standard
contract reflects requirements of state law. Requests for exceptions to the
standard contract terms, or any added provisions must be submitted to
the procurement office referenced above by the date for receipt of
written/e-mailed questions or with the Offeror's RFP response and must
be accompanied by an explanation of why the exception is being
taken and what specific effect it will have on the Offeror's ability to
respond to the RFP or perform the contract. The City reserves the right
to address non -material, minor, insubstantial requests for exceptions
with the highest scoring Offeror during contract negotiation. Any
material, substantive, important exceptions requested and granted to the
standard terms and conditions and standard contract language will be
addressed in any formal written addendum issued for this RFP and will
apply to all Offerors submitting a response to this RFP.
E. Mandatory Requirements.
To be eligible for consideration, an Offeror must meet the intent of all
mandatory requirements. The City will determine whether an Offeror's RFP
response complies with the intent of the requirements. RFP responses that
do not meet the full intent of all requirements listed in this RFP may be
subject to point reductions during the evaluation process or may be
deemed non-responsive.
1.3 Reserved
1.4 SUBMITTING PROPOSALS
Offerors must organize their proposals into sections that follow the following format.
A. Submittal Requirements.
Proposals shall include the following:
1. City of Milton request for proposal cover page (information entered
and signed: first page of this document)
2. City of Milton Disclosure form (signed)
3. City of kAilion Proposal letter (information entered)
10 1 RFP 17-PWO1
4. Technical Proposal:
Each Technical Proposal Shall be:
a. No more than six (6) single sided pages (three pages if
double sided)
1. Cover page(s), table of contents, tabs, and required forms
do not count toward the page limit
b. Minimum of 11 point font
c. Stapled or spiral -bound. No binders
Each Technical Proposal Shall Contain:
a. Design Team (2 pages) - include project staffing,
qualifications of the design team, and what sets the team
apart
b. Work Plan (2 pages) - provide an anticipated project
schedule, any anticipated challenges, and any innovative
approaches
c. Related Projects and References (2 pages)
1. Describe at least 3 similar projects with references
and the degree of involvement of the team
d. Pricing (See Section 5.0)
5. Applicable Addenda Acknowledgement Forms (if necessary)
Offerors must organize their proposal into sections that follow the format of Section
1.4 and Section 5.0.
B. Failure to Comply with Instructions.
Offerors failing to comply with these instructions may be subject to point
deductions. The City may also choose to not evaluate, may deem
non-responsive, and/or may disqualify from further consideration
any qualifications that do not follow this RFP format, are difficult to
understand, are difficult to read, or are missing any requested information.
C. Copies Required and Deadline for Receipt of Proposals.
One original and three; (3) copies of each submittal (plus a CD or Flash
Drive) should be provided to the City. Proposals must be received at the
Finance department receptionist's desk in City Hall prior to 2:00 PM,
local time, August 24, 2017. Emailed responses to requests for proposals
are not acceptable. Proposals will be opened at approximately 2:05 pm
and names of Offerors will be announced.
*Important to remember when submitting digital files:
1. Mark all CD's or Flash Drives with Ofteror's name and RFP number
and title.
2. All digital files must be ii i either (unless otherwise specified within this
document):
a. Microsoft Office file format or
b. Portable Document Format (PDF).
11 1 RFP 17-PWO1
3. Use caution in creating the electronic files. If the Cities are unable to
open files due to data -corruption, password or encryption error, etc.,
the Offeror's proposal may be considered incomplete.
4. NOTE: All digital copies must include exactly the some information as
provided in the hard copy "Original".
D. Late Proposals.
Regardless of cause, late proposals will not be accepted and will
automatically be disqualified from further consideration. It shall be the
Offeror's sole risk to assure delivery to the receptionist's desk at the
designated office by the designated time. Late proposals will not be
opened and may be returned to the Offeror at the expense of the Offeror
or destroyed if requested.
1.5 OFEROR'S CERTIFICATION
A. Understanding of Specifications and Requirements.
By submitting a response to this RFP, Offeror agrees to an understanding
of and compliance with the specifications and requirements described in
this RFP.
1.6 COST OF PREPARING PROPOSALS
A. City Not Responsible for Preparation Costs.
The costs for developing and delivering responses to this RFP and any
subsequent presentations of the proposal as requested by the City are
entirely the responsibility of the Offeror. The City is not liable for any
expense incurred by the Offeror in the preparation and presentation of
their proposals.
B. All Timely Submitted Materials Become City Property.
All materials submitted in response to this RFP become the property of the
City of Milton and are io be appended to any formal documentation,
which would further define or expand any contractual relationship
between the City and Offeror resulting from this RFP process.
12 ) RFP 1 ?-PWOI
SECTION 2: RFP STANDARD INFORMATION
2.0 AUTHORITY
This RFP is issued under the authority of the City of Milton. The RFP process is a
procurement option allowing the award to be based on stated evaluation criteria.
The RFP states the relative importance of all evaluation criteria. No other evaluation
criteria, other than as outlined in the RFP, will be used.
2.1 OFFEROR COMPETITION
The City encourages free and open competition among Offerors. Whenever
possible, the City will design specifications, proposal requests, and conditions to
accomplish this objective, consistent with the necessity to satisfy the City's need
to procure technically sound, cost-effective services and supplies.
2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION
A. Public Information.
All information received in response to this RFP, including copyrighted
material, is deemed public information and will be made available for
public viewing and copying after the time for receipt of qualifications
has passed, and the award has been made, with the following four
exceptions: (1) bona fide trade secrets meeting confidentiality
requirements that have been properly marked, separated, and
documented; (2) matters involving individual safety as determined by the
City of Milton; (3) any company financial information requested by the
City of Milton to determine vendor responsibility, unless prior written
consent has been given by the Offeror; and (4) other constitutional
protections.
B. Procurement Officer Review of Proposals.
Upon opening the submittals received in response to this RFP, the
procurement office will review the proposals and separate out any
information that meets the referenced exceptions in Section 2.2(A)
above, providing the following conditions have been met:
1. Confidential information is clearly marked and separated from the rest
of the submittal.
2. An affidavit from an Offeror's legal counsel attesting to and explaining
the validity of the trade secret claim is attached to each submittal
containing trade secrets. Please contact Honor Motes for additional
information.
Information separated out under this process will be available for review
only by the procurement office, the evaluation committee members, and
limited other designees. Offerors must be prepared to pay all legal costs
and fees associated with defending a claim for confidentiality in the
event of a "right to know" (open records) request from another party.
2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS
A. Initial Classification of F'r000sals as Responsive or Nonresponsive.
13 1 RFP 17-PWO1
Proposals may be found nonresponsive at any time during the
evaluation process or contract negotiation, if any of the required
information is not provided; the submitted price is found to be excessive
or inadequate as measured by criteria stated in the RFP; or the
qualification is not within the specifications described and required in the
RFP. If a qualification is found to be nonresponsive, it will not be
considered further.
B. Determination of Responsibility.
The procurement office will determine if a Offeror has met the standards
of responsibility. Such a determination may be made at any time
during the evaluation process and through contract negotiation if
information surfaces that would result in a determination of nonresponsive.
C. Evaluation of Proposals.
The evaluation committee will evaluate the remaining proposals and
recommend whether to award the contract to the highest scoring Offeror
or, if necessary, to seek discussion/negotiation in order to determine the
highest scoring Offeror. All responsive proposals will be evaluated
based on stated evaluation criteria. In scoring against stated criteria,
the City may consider such factors as accepted industry standards
and a comparative evaluation of all other qualified RFP responses.
These scores will be used to determine the most advantageous offering
to the City.
D. Completeness of Proposals.
Selection and award wily be based on the Offeror's proposals and other
items outlined in this RFP. Submitted responses may not include references
to information located elsewhere, such as Internet websites or libraries,
unless specifically requested. Information or materials presented by
Offerors outside the formal response or subsequent
discussion/negotiation, if requested, will not be considered, will have no
bearing on any award, and may result in the Offeror being disqualified
from further consideration.
E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product
Demonstration.
After receipt of all proposals and prior to the determination of the
award, the City may initiate discussions with one or more Offerors should
clarification or negotiation be necessary. Offerors may also be required to
make an oral presentation and/or product demonstration to clarify
their RFP response or to further define their offer. In either case, Offerors
should be prepared to send qualified personnel to Milton, Georgia to
discuss technical and contractual aspects of the submittal. Oral
presentations and product demonstrations, if requested, shall be at the
Offeror's expense.
14 1 RFP 17-PWO1
F. Best and Final Offer.
The "Best and Final Offer" is an option available to the City under the RFP
process which permits the City to request a "best and final offer" from
one or more offerors if additional information is required to make a final
decision. Offerors may be contacted asking that they submit their "best
and final offer," which must include any and all discussed and/or
negotiated changes. The City reserves the right to request a "best and
final offer" for this RFP, if any, based on price/cost alone.
G. Evaluation Committee Recommendation for Contract Award.
The evaluation committee will provide a written recommendation for
contract award.
H. Request for Documents Notice.
Upon concurrence with the evaluation committee's recommendation
for contract award, the procurement officer may issue a "Request for
Documents Notice" to the highest scoring Offeror to obtain the required
insurance documents, contract performance security, and any other
necessary documents. Receipt of the "Request for Documents Notice"
does not constitute a contract and no work may begin until a contract
signed by all parties is in place.
Contract Negotiation.
The procurement officer and/or city department representatives may
begin contract negotiation with the responsive and responsible Offeror
whose submittal achieves the highest score and is, therefore, the
most advanageous to the City. If contract negotiation is unsuccessful or
the highest scoring Offeror fails to provide necessary documents or
information in a timely manner, or fails to negotiate in good faith, the
City may terminate negotiations and begin negotiations with the next
highest scoring Offeror.
J. Contract Award.
Contract award, if any, will be made to the highest scoring Offeror
who provides all required documents and successfully completes
contract negotiation.
2.4 RIGHTS RESERVED
While the City has every intention to award a contract as a result of this RFP,
issuance of the RFP in no way constitutes a commitment by the City of Milton
to award and execute a contract. Upon a determination such actions would
be in its best interest, the Ciiy, in its sole discretion, reserves the right to:
1. Modify, cancel or terminate this RFP,
2. Reject any or all proposals received in response to this RFP,
3. Select an Offeror without holding interviews,
4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP
which would not have significant impact on any submittal,
15 1 RFP 17-PWQI
5. To request further documentation or information, and to discuss a RFP
submittal for any purpose in order to answer questions or to provide
clarification,
6. Not award if it is in the best interest of the City not to proceed with contract
execution; or
7. If awarded, terminate any contract in accordance with the terms and
conditions of the contract if the City determines adequate funds are not
available.
16 1 RFP 17-PWO1
SECTION 3: SCOPE OF PROJECT
3.0 PROJECT — Vehicles to be serviced (Subject to Change):
Year
Make
Model
Police
2007
Ford #7
Crown Victoria - Black
2007
Ford
Crown Vic Charcoal
2007
Ford
119 Expedition XLT 4x2
2007
Toyota
Tacoma
2009
Ford (0)
Crown Victoria
2010
Ford(CID)
Explorer
2011
Ford
Ford Fusion
2012
Ford
Explorer
2013
Ford
Police Interceptor SUV
2013
Ford
Police Interceptor SUV
2013 _
Ford
Police Interceptor SUV
2013
Ford
Taurus SD
2013
_
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford_
SD
2013
Chz-vy (CID)
_Taurus
1 Tahoe
2013
Dodge(CID)
Charger
2013
Dodge(CID)
Charger
2014
Ford _
Police Interceptor SUV
2014
Ford
Police Interceptor SUV
2014
Ford
Police Interceptor SUV
2014
Ford
Police Interceptor SUV
2014
Ford
Police Interceptor SUV
2015
Ford(Hybrid)
Fusion
2015
_
Dodge(Manager)
Durango
2015
Ford(CID)
Explorer
2015
Ford
Police Interceptor SLTV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
hors;;
Police Interceptor SUV
2015 _
F.)rd
Police Interceptor SUV
2015
_
Ford y
Police Interceptor SLTV
_
2015
Ford
V Police Interceptor SUV
2016
Ford
Police Interceptor SUV
2016
Ford
Police Interceptor SUV
171 RFP 17-PW01
2016
Ford
Police Interceptor SUV
2016
Ford
Police Interceptor SUV
2016
Ford
Police Interco for SUV
2017
Ford(Training)
F150 V8
2017
Ford(Chief)
Police Interceptor SUV
2017
Ford
Police Interceptor SUV
2017
Ford
Police Interceptor SUV
2017
1 Ford
Police Interceptor SUV
City Administration
2007
Ford
Fusion
2007
Ford
Ranger
2010
Ferd
Explorer
2010
Ford
Explorer
2010
Ford
F150
2010
Ford
F150
2010
Ford
F150
2015
Ford
Escape
2015
Ford
Explorer
2015
Ford
F250
2016
Ford
F250
Fire Administration
2010
Ford
F150
2012
Ford
Expedition
2013
Ford
Explorer
2013
Ford
—Explorer
2014 _
Ford
F250
2014
Ford
_
Expedition
2016
Ford
Explorer
2016
Ford
Explorer
2017
Ford
F150
2017
Ford
F150
18 RFP 17-CMOI
3.1 SERVICE REQUIREMENTS — Included but not limited to the following:
Regular Oil change
Synthetic oil change
Synthetic oil change (Over 6QTS)
Transmission flushes
Coolant Flush
Fuel Induction Service
Differential Service
02 Sensors
Timing Chain
Water Pump
Fan Belt
Tune Up (wires,plugs)
Fuel rail
Air filter
Cabin Air Filter
Mass air flow sensor
Abs Module
Radiator Replacement
Tire Pressure Sensors
Mount/Balance/Install Tires
Alignment 4 Wheel
Tire Rotation
Front Control Arm
Shocks and Struts
Battery Replacement
Bulbs Headlight
Bulbs taillights
Bulbs blinkers
Windshield wipers
Brakes
Rotors
Brake Fluid Flush
Ac Fan motor
Ac Flush
Alternator
Belt Tensioner
Coolant Fan
100,000 mile service
Emissions Testing
19 1 RFP i;-CMf�i
3.3 TIME REQUIREMENTS - below are from arrival to departure (Priority Service):
✓ Oil changes in 25 minutes or less
✓ Tires installed, balanced and aligned in 45 minutes or less
✓ All lights checked on every service call (except light bar/emergency lights)
and repaired.
✓ Transmission flush completed in 45 minutes or less
✓ All other services "as soon as possible"
20 1 RFP 17 -CMG i
SECTION 4: OFFEROR PROPOSALS
4.0 CITY'S RIGHT TO INVESTIGATE
The City may make such investigations as deemed necessary to determine
the ability of the Offeror to provide the supplies and/or perform the services
specified.
4.1 OFFEROR INFORMATIONAL REQUIREMENTS
Firms interested in providing the services described in this RFP should be
able to demonstrate experience in the areas described in Section 3.
21 1 RFP 17-CMOI
SECTION 5: COST PROPOSAL
e.�
--T0 7%4*t
ESTABLISHED 77
MUST BE RETURNED WITH BID
RFP 17-CMO1
One (1) original and two (2) copies shall be submitted in a separate sealed
envelope before the required deadline. The offeror's cost proposal shall be
signed by an authorized agent of the company. There is no maximum page limit
to section 5.
The undersigned bidder, having familiarized themselves with the work required by
the RFP, the bid documents, all laws, regulations, and other factors affecting
performance of the work, and having satisfied itself/himself/herself of the expense
and difficulties attending performance of the work; Hereby proposes and agrees,
if this bid for the above named project is accepted to enter into a contract to
perform all work necessary to the successful completion of the contract; and to
supply all required submittals as indicated or specified in the RFP and the bid
documents to be performed or furnished by bidder. The quantities listed below
are estimates. The actual price will be the actual quantities multiplied by the
"fixed cost per unit" listed below plus any applicable hourly service requirements.
Please complete the "Fixed Cost Per Unit" column below and return with proposal
(See Attached Schedule)
22 1 RFP C tt s
Service
requirements
Estimated
Yearly
Quantity
Fixed Cost per unit Total
Regular Oil change
<25minutes
120ti°
Synthetic oil change
<25minutes
40
O9 -
Synthetic oil change(Over 6QTS)YV
*
Transmission flushes
Coolant Flush
S0
30
7xv Z�
09
Fuel Induction Service
40
Differential ServicefI
02 Sensors
Timing Chain��
Water Pump
0�
Fan Belt
Tune Up (wires, lugs)
60 O'O-
Fuel rail
15
as
Air filter
50
,yrs
Cabin Air Filter
Mass air flow sensor
12
`p~
Abs Module
12
e4fG
Radiator Replacement
14
Tire Pressure Sensors
Mount/Balance/Install Tires
Alignment 4 Wheel
Tire Rotation
Front Control Arm
5
+>
Shocks and Struts
,o
Battery Replacement
20
Bulbs Headlight
25
Bulbs taillights
50
ea
Bulbs blinkers
e►„
Windshield wipers
80
t�k4
Brakes _
50
�..
a
Rotors
10
>i
Brake Fluid Flush
zgw,
Ac Fan motor
10
A# 4 --
Ac Flush
10
f -j -r
Alternator
10
ff
Belt Tensioner
4
Coolant Fan
10
tfot, 4-
100,000 mile
100,000mile service
35
Emissions Testing
r
Grand Total
23 1 RFP 17 -CMC 1
In addition to the above services, please provide the rate per hour schedule for services
not covered above:
• Business hours rate $
Written in words $ 1Yli
• After hours rate
Written in words $ -';) o yam - r ,r• f - JAt.,, � eu r 41'�..e.rvj;
Please describe your hours of operation and how it meets our priority service requirements:
f
n a f- '4�e_t"✓t
L s f "' f %1 J ..,i r• lf..��... r i
Company Name
Authorized Signature
Print/Type Name
Print/Type Title
I
Date
24 1 RFP 17-CMOI
SECTION 6: EVALUATION CRITERIA
6.0 EVALUATION CRITERIA
The evaluation committee will review and evaluate the proposals according to
the criteria listed below. Proposals not meeting the minimum technical
requirements and those who are non-responsive will not be considered. Positive
or negative City of Milton experiences are part of the evaluation. Lack of service
experience with the City is not a detriment to the evaluation as long as positive
references and experiences can be produced. The City reserves the right to test
service at any vendor shop for evaluation purposes. Location evaluation is
determined by proximity to City Hall and Milton Police Department. The City may
request short-listed proposers to meet with City Staff for evaluation purposes.
Proposal Evaluation Criteria:
• Ability, Location, Hours of Operation, References, Service 50%
Experience, Performance Liability, and City of Milton
Experience (if any)
• Price (Section 5.0) 50%
25 1 RFP 17-CMOI
SECTION 7: STANDARD CONTRACT INFORMATION
7.0 STANDARD CONTRACT
The City's standard contract is attached to this document as Appendix A. Offeror
should notify the City of any terms within the standard contract that preclude
them from responding to the RFP. This notification must be made by the deadline
for receipt of written/e-mailed questions or with the Offeror's RFP response. Any
requests for material, substantive, imponant exceptions to the standard contract
will be addressed in any formal written addendum issued by the procurement
officer in charge of the solicitation. The City reserves the right to address any non-
material, minor, insubstantial exceptions to the standard contract with the highest
scoring Offeror at the time of contract negotiation.
7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS
This RFP and any addenda, the Ofteror's RFP response, including any
amendments, a best and final offer, any clarification question responses, and any
negotiations shall be included in any resulting contract. The City's standard
contract, attached as Appendix A, contains the contract terms and conditions
which will form the basis of any contract negotiated between the City and the
highest scoring Offeror. The contract language contained in Appendix A does
not define the total extent of he contract language that may be negotiated. In
the event of a dispute as to the duties and responsibilities of the parties under this
contract, the contract, along with any attachments prepared by the City, will
govern in the some order of precedence as listed in the contract.
7.2 SUBOFFEROR
The highest scoring Offeror will be the prime Offeror if a contract is awarded and
shall be responsible, in total, for all work of any sub -offerors. All sub -offerors, if any,
must be listed in the proposals. The City reserves the right to approve all sub -
Offerors. The Offeror shall be responsible to the City for the acts and omissions of
all sub -Offerors or agents and of persons directly or indirectly employed by such
sub -offerors, and for the acts and omissions of persons employed directly by the
Offeror. Further, nothing contained 'within this document or any contract
documents created as a result of any contract awards derived from this RFP shall
create any contractual relationships between any subcontractor and the City.
7.3 GENERAL INSURANCE REQUIREMENTS
See sample contract.
7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT
The Offeror is required to supply the City of Milton with proof of compliance with
the Workers' Compensation Act while performing work for the City. Neither the
26 1 RFP 17 -CMOs
Offeror nor its employees are employees of the City. The proof of
insurance/exemption must be received by the City of Milton within 10 working
days of the Request for Documents Notice and must be kept current for the entire
term of the contract.
CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE
REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME.
7.5 COMPLIANCE WITH LAWS
The Offeror must, in performance of work under this contract, fully comply with all
applicable federal, state, or local laws, rules and regulations, including the Civil
Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with
Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any
subletting or sub -consulting by the Offeror subjects sub -offerors to the same
provision. The Offeror agrees that the hiring of persons to perform the contract will
be made on the basis of mere and qualifications and there will be no
discrimination based upon race, color, religion, creed, political ideas, sex, age,
marital status, physical or mental disability, or national origin by the persons
performing the contract.
7.6 CONTRACT TERMINATION
See sample contract.
EXHIBIT "C"
See Exhibits "A" arid "B"
Vehicle Maintenance and Repair Agreement 122
EXHIBIT "D"
STATE OF t4
COUNTY OF 6&1-7-0
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:
a 3y 000
Federal Work Authorization User Identification
Number
,1/2g/1-7
Date of Authorization
Extra Mile Auto Tire & Service, LLC
Name of Contractor
City Vehicle Maintenance and Light Rpp:,ijrs
Name of Project
Citv of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true'and correct.
Executed on 20 1 in
�L 17% qty), _6,4 (.state).
SilWaddre of'Authorized Ofricer or Agent
rinted Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND4WORN BEFORE ME
ON THIS THE a7 DAY OF
20 1-7.
11 AA 1/�(�
NMArlc - -
[NOTARY SEAL]
f 00
My Commission Expires: �",> t-•:o;•is;� 11�'.�
_ _
y
-- --- -
:W6 �bbl0� �
y6 .o+ ya�••0��
Vehicle Maintenance and Repair Agreement 123
STATE OF _
COUNTY OF
FXHIRIT "F."
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 Authorization User Identification
Number
Date of Authorization
Name of Contractor
City Vehicle Maintenance and Light Repairs
Name of Project
City of Milton. Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on , 20 in
(city), (state).
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE DAY OF
.20
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
Vehicle Maintenance and Repair Agreement 124
RESERVED
EXHIBIT "F"
Vehicle Maintenance and Repair Agreement 125
,4��Fto® CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
9/29/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
STARR-MATHEWS AGENCY
108 North Court St.
P. 0. BOX 188
Calhoun GA 30703-0188
CONTACT AShle Rice
NAME: y
FAX
PHONE0. (706) 629-4441 A/C No: (706)629-3631
E-MAIL arice@starrmathews.com
ADDRESS:
INSURERS AFFORDING COVERAGE NAIC #
INSURER A:Em to ers Mutual Casualty Co 21415
INSURED
Extra Mile Auto Tire & Service, LLC
2875 Bethany Bend
Milton GA 30004
INSURERB:FHM Insurance Company 10699
INSURER C:
INSURER D:
INSURER E :
INSURER F:
COVERAGES CERTIFICATE NUMBER:2017-18 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
(NSR
LTR
TYPE OF INSURANCE
ADSL
UBR
NUMBER
POLICPOLICY IYYYY
MMIDDY
MM /DEXP
LIMITS
X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
A
CLAIMS -MADE ❑X OCCUR
DAMA PREMIE TO RENTED 300, 000
SES Ea occurrence $
MED EXP (Any one person) $ 10,000
X
Y
5X2972917
4/29/2017
4/29/2018
PERSONAL &ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER.
GENERAL AGGREGATE $ 2,000,000
PRODUCTS-COMP/OPAGG $ 2,000,000
POLICY PRO LOC
X JECT
$
OTHER
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ 1, 000, 000
Ea accident
BODILY INJURY (Per person) $
A
X ANY AUTO
ALL OWNED SCHEDULED
AUTOSAUTOS
NON -OWNED
HIRED AUTOS AUTOS
X
y
5X2972917
4/29/2017
4/29/2018
BODILY INJURY (Per accident) $
DAMAGE $
PROP accident)
Medical payments $ 5,000
X
UMBRELLA LIAB
HCLAIMS-MADE
OCCUR
EACH OCCURRENCE $ 11000,000
AGGREGATE $
A
EXCESS LIAR
DED I X RETENTIONS 0
$
X
Y
5X2972917
4/29/2017
4/29/2018
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE
X PER OTH-
STAT UTE I ER
E.L. EACH ACCIDENT $ 500,000
E.L. DISEASE - EA EMPLOYE $ 500,000
B
OFFICER/MEMBER EXCLUDED? ❑
(Mandatory in NH)
N / A
y
WC30600256652016A
4/29/2017
4/29/2018
E.L. DISEASE - POLICY LIMIT 1 $ 500,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
A
Garage Keepers Liability
X
5X2972917
4/29/2017
4/29/2018
$500 Ded $200,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
City of Milton Vehicle Maintenance and Light Repairs
rK I It-II.A 1 C 179VLUCK
City of Milton
2006 Heritage Walk
Milton, GA 30004
ACORD 25 (2014/01)
INS025 (201401)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Craig Mashburn/ASR
V IySS-LU14 AI.VKU I,VKYVKA I IVIY. All nynts reser vtvu.
The ACORD name and logo are registered marks of ACORD
TO:
FROM:
MILTON'IP&
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: October 9, 2017
Steven Krokoff, City Manager 0
AGENDA ITEM: Approval of the Agreement for Vehicle Maintenance and
Light Repairs between the City of Milton and Express Oil
Change, LLC.
MEETING DATE: Monday, October 16, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (q --APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (4-rES () NO
CITY ATTORNEY REVIEW REQUIRED: (.SES () NO
APPROVAL BY CITY ATTORNEY: (,,KAPPROVED () NOT APPROVED
PLACED ON AGENDA FOR: I o I /(, 110'-)
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
01000
HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA'
M I LTONI�-
ESTABLISIIED2006
AGREEMENT FOR VEHICLE MAINTENANCE AND REPAIRS
THIS AGREEMENT is made and entered into this day of 20_, 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 Velocity Ventures, 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 certain services generally
described as routine maintenance and repairs for City department vehicles (the "Work"); and
WHEREAS, City finds that specialized knowledge, skills, and training are necessary to
perform the Work (defined below) contemplated under this Agreement; and
WHEREAS, Contractor has represented that it is qualified by training and experience to
perform the Work; 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, 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 Professional 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
Vehicle Maintenance and Repair Agreement 1 1
Exhibit "D" - Contractor Affidavit
Exhibit "E" - Subcontractor Affidavit
Exhibit "F" - RESERVED
B. Proiect Description. The "Project" at issue in this Agreement is generally
described as: Vehicle maintenance and light repair services to City of Milton fleet vehicles.
C. The Work. The Work to be completed under this Agreement (the "Work")
includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit
"C", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit
"C", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat,
utilities, transportation, facilities, services and any other miscellaneous items and work necessary
to complete the Work. Some details necessary for proper execution and completion of the Work
may not be specifically described in the Scope of Work, but they are a requirement of the Work if
they are a usual and customary component of the contemplated services or are otherwise
necessary for proper completion of the Work.
All services shall be stated on a written service ticket or other form that can be reviewed
and approved by the City or its designated employees prior to performance. For services not
specifically described and firmly priced in this Agreement, the service ticket shall state the exact
nature of the services and the price to be charged, which shall be approved prior to performance.
D. Schedule, Completion Date, 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 on October 1, 2017 ("Effective Date") and
terminate without further obligation on the part of City on September 30, 2018 (provided that
certain obligations will survive the Term). In accordance with O.C.G.A. § 36-60-13, this
Agreement shall automatically renew for two successive annual renewal terms absent City's
provision of written notice of non -renewal to Contractor at least five (5) days prior to first day of
the renewal term. Title to any supplies, materials, equipment, or other personal property shall
remain in Contractor until fully paid for by City.
II. WORK CHANGES
A. Change Order Defined. A "Change Order" means a written modification of the
Agreement, signed by representatives of City and Contractor with appropriate authorization.
B. Right to Order Changes. City reserves the right to order changes in the Work to
be performed under this Agreement by altering, adding to, or deducting from the Work. All such
changes shall be incorporated in written Change Orders and executed by Contractor and City.
Such Change Orders shall specify the changes ordered and any necessary adjustment of
compensation and completion time. If the Parties cannot reach an agreement on the terms for
performing the changed work within a reasonable time to avoid delay or other unfavorable
impacts as determined by City in its sole discretion, City shall have the right to determine
reasonable terms, and Contractor shall proceed with the changed work.
Vehicle Maintenance and Repair Agreement 1 2
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 executed on behalf of City and Contractor.
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 any Change Order affecting the price where the
Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of
the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten
percent of the original contract amount.
III. COMPENSATION AND METHOD OF PAYMENT
A. Payment Terms. City agrees to pay 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
all supporting documents requested by City to process the invoice. Invoices shall be submitted
on a monthly basis. Any material deviations in tests or inspections performed, or times or
locations required to complete such tests or inspections, and like deviations from the Work
described in this Agreement shall be clearly communicated to City before charges are incurred and
shall be handled through Change Orders as described in Section II above. City shall pay
Contractor within thirty (30) days after approval of the invoice by City staff.
B. Maximum Contract Price. The total amount paid in each annual term under this
Agreement as compensation for Work performed and reimbursement for costs incurred shall not,
in any case, exceed $100,000 (the "Maximum Contract Price'), except as outlined in Section II(C)
above. The compensation for Work performed shall be based upon the number of vehicles
brought in for service, the type of service requested, and the unit price schedule and extra work
hourly rates set forth in Exhibit "B". The City does not guarantee any minimum amount of work
under this Agreement, and annual compensation is expected to be less than the Maximum
Contract Price.
C. Reimbursement for Costs. There shall be no reimbursement for costs except the
cost for replacement parts as expressly provided in Exhibit "B" or else as separately agreed to by
City in writing.
IV. 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
Vehicle Maintenance and Repair Agreement 13
timely and competent completion of the Work undertaken 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. City will not, and need not, inquire into adequacy, fitness, suitability or correctness
of Contractor's performance. Contractor further agrees that no approval of designs, plans,
specifications or other work product by any person, body or agency shall relieve Contractor of
the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under
professional and industry standards, or for performing services under this Agreement in
accordance with sound and accepted professional and industry principles.
D. 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. shall be authorized
to act on Contractor's behalf with respect to the Work as Contractors 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
Vehicle Maintenance and Repair Agreement 14
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
Vehicle Maintenance and Repair Agreement 15
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.
I. 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 and
$2,000,000 (two million dollars) aggregate for comprehensive
coverage including for bodily and personal injury, sickness, disease
or death, injury to or destruction of property, including loss of use
resulting therefrom.
(b) Commercial Automobile Liability (owned, non -owned, hired)
coverage of at least $1,000,000 (one million dollars) combined single
limit per occurrence for comprehensive coverage including bodily
and personal injury, sickness, disease or death, injury to or
destruction of property, including loss of use resulting therefrom.
(c) Garage Liability and/or Garage Keeper Liability of at least $500,000
(five hundred thousand dollars) per automobile per accident limit
for claims arising out of garage/ mechanic's services and caused by
Contractor's errors, omissions, or negligent acts. (This insurance is
needed only if Contractor's other policies do not fully provide such
Vehicle Maintenance and Repair Agreement 1 6
coverage.)
(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 entitled 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: $ –N/A— per
occurrence shall be provided and will apply over all liability
policies, without exception, including but not limited to
Commercial General Liability, Commercial Automobile Liability,
Employers' Liability, and Garage/ Garage Keeper 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 (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
Vehicle Maintenance and Repair Agreement 1 7
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.
(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) Incorporation of Indemnification Obligations. Policies shall
Vehicle Maintenance and Repair Agreement 18
include an endorsement incorporating the indemnification
obligations assumed by Contractor under the terms of this
Agreement, including but not limited to Section IV(G) of
this Agreement.
(5) Acceptability of Insurers: The insurance to be maintained by 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 Contractors 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) 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.
(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, and have an effective date which is on or
prior to the Effective Date.
(9) City as Additional Insured and Loss Payee: City shall be named as an
additional insured and loss payee on all policies required by this
Agreement, except City need not be named as an additional insured and
loss payee on any Workers' Compensation policy.
(10) Progress Payments: The making of progress payments to Contractor shall
Vehicle Maintenance and Repair Agreement 1 9
not be construed as relieving Contractor or its subcontractors or insurance
carriers from providing the coverage required in this Agreement.
J. Employment of Unauthorized Aliens Prohibited - E -Verify Affidavit. Pursuant
to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services
unless:
(1) 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.
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. 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 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
Vehicle Maintenance and Repair Agreement 110
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 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.
§ 13-10-91.1
500 or more employees.
100 or more employees.
Fewer than 100 employees.
Contractor hereby agrees that, in the event Contractor employs or contracts with any
subcontractor(s) in connection with this Agreement and where the subcontractor is required to
provide an affidavit pursuant to O.C.G.A. § 13-10-91, 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.
K. Records, Reports and Audits.
(1) Records:
(a) Books, records, documents, account legers, data bases, and similar
materials relating to the Work performed for City under this
Agreement ("Records') shall be established and maintained by
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
Vehicle Maintenance and Repair Agreement 1 11
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
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.
L. 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
Vehicle Maintenance and Repair Agreement 112
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.
M. 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.
N. Key Personnel. RESERVED
O. Meetings. Contractor is required to meet with City's personnel, or designated
representatives, to resolve technical or contractual problems that may occur during the Term of
this Agreement at no additional cost to City. Meetings will occur as problems arise and will be
coordinated by City. City shall inform Contractor'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 Contractor's option and expense,
a conference call meeting may be substituted. Consistent failure to participate in problem
resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good
faith effort to resolve problems, may result in termination of this Agreement for cause.
P. Authority to Contract. The individual executing this Agreement on behalf of
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.
Q. Ownership of Work. RESERVED
R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
all other provisions of Federal law, Contractor agrees that, during performance of this
Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate
Vehicle Maintenance and Repair Agreement 113
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.
S. Warranty. Work shall be warranted as stated in Exhibit "B."
V. COVENANTS OF CITY
A. Right of Entry. RESERVED.
B. City's Representative. Scott Mulvey shall be authorized to act on City's behalf
with respect to the Work as City's designated representative on this Project; provided that any
changes to the Work or the terms of this Agreement must be approved as provided in Section II
above.
VI. TERMINATION
A. For Convenience. City may terminate this Agreement for convenience at any time
upon providing written notice thereof at least seven (7) calendar days in advance of the
termination date.
B. For Cause. Contractor shall have no right to terminate this Agreement prior to
completion, 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. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement
shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall
terminate immediately and absolutely at such time as appropriated or otherwise unobligated
funds are no longer available to satisfy the obligation of City.
D. PUMent 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
Maximum Contract Price.
E. Conversion to Termination for Convenience. If City terminates this Agreement
for cause and it is later determined that City did not have grounds to do so, the termination will
Vehicle Maintenance and Repair Agreement 114
be converted to and treated as a termination for convenience under the terms of Section VI(A)
above.
F. 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.
G. 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.
VII. MISCELLANEOUS
A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the
complete agreement between the Parties and supersedes any and all other agreements, either oral
or in writing, between the Parties with respect to the subject matter of this Agreement. No other
agreement, statement or promise relating to the subject matter of this Agreement not contained
in this Agreement shall be valid or binding. This Agreement may be modified or amended only
by a written Change Order (as provided in Section II above) or other document signed by
representatives of both Parties with appropriate authorization.
B. Successors and Assigns. Subject to the provision of this Agreement regarding
assignment, this Agreement shall be binding on the heirs, executors, administrators, successors
and 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,
Vehicle Maintenance and Repair Agreement 1 15
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.
(1) Communications Relating to Day -to -Day Activities. All communications
relating to the day-to-day activities of the Work shall be exchanged
between City's representative (named above) for City and 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
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO CONTRACTOR shall be sent to:
Velocity Ventures, Inc
1418 Dresden Dr, Ste 220
Atlanta, GA 30319
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.
Vehicle Maintenance and Repair Agreement 1 16
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 and has notified City of
any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this
Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern.
The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this
Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed
against a Party because it was responsible for drafting one or more provisions of the Agreement.
In the interest of brevity, the Agreement may omit modifying words such as "all" and "any' and
articles such as "the" and "an," but the fact that a modifier or an article is absent from one
statement and appears in another is not intended to affect the interpretation of either statement.
Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural
forms, unless the context of their usage clearly requires contrary meaning.
M. Force Majeure. Neither City nor 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.
Vehicle Maintenance and Repair Agreement 1 17
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]
Vehicle Maintenance and Repair Agreement 1 18
CONTRACTOR: Velocity Ventures, Inc
Signature: lx / z -,—
Print Name: / t aka
Title:
K�sjdlent/Vice President (Corporation)
[CORPORATE SEAL]
(required if corporation)
Attest/Witness:
Signature:
Print 1jarr
Title:
Corporate Secretary (required if corporation)
Attest:
Signature:
Print Name: _
Title: City Clerk
Approved as to form:
City Attorney
CITY OF MILTON, GEORGIA
By: Joe Lockwood, Mayor
[CITY SEAL]
Vehicle Maintenance and Repair Agreement 1 19
EXHIBIT "A"
Vehicle Maintenance and Repair Agreement 1 20
ESTASLIS1IED 2M
CITY OF MILTON REQUEST FOR PROPOSALS
(THIS IS NOT AN ORDER)
RFP Number:
RFP Title:
17-CMO1
City Vehicle Maintenance and Light Repair Services
Due Date and Time: Aug 24, 2017
Fax: 678-242-2499
Local Time: 2:00 p.m.
Number of Pages: 49
ISSUING DEPARTMENT INFORMATION
Issue Date: Aug 3, 2017
City of Milton
Phone: 678-242-2500
2006 Heritage Walk
Fax: 678-242-2499
Milton, Ga. 30004
Website: www.citvofmiltonga.us
INSTRUCTIONS TO OFFERORS
Return Proposal to:
Mark Face of Envelope/Package:
Offeror Phone Number:
RFP Number: 17-CMO1
City of Milton
Name of Company or Firm
Attn: Honor Motes, Purchasing Office
Special Instructions:
2006 Heritage Walk
Deadline for Written Questions
Milton, Ga. 30004
Aug 14, 2017 at 5:00 pm
Email questions to Honor Motes at
honor.motes@citvofmiltonga.us
IMPORTANT: SEE STANDARD TERMS AND CONDITIONS
OFFERORS MUST COMPLETE THE FOLLOWING
Offeror Name/Address:
Authorized Offeror Signatory:
Please print name and sign in ink
Offeror Phone Number:
Offeror FAX Number:
Offeror Federal I.D. Number:
Offeror E-mail Address:
OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
2 1 RFP 17-CMOI
TABLE OF CONTENTS
Offeror's RFP Checklist
Disclosure Form
Schedule of Events
Section 1: Project Overview and Instructions
Section 2: RFP Standard Information
Section 3: Scope of Project
Section 4: Offeror Qualifications
Section 5: Cost Proposal
Section 6: Evaluation Criteria
Section 7: Standard Contract Information
Standard Contract
3 1 RFP 17-CMOI
OFFEROR'S RFP CHECKLIST
The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton
].-Read the entire document. Note critical items such as: mandatory requirements;
supplies/services required; submittal dates; number of copies required for submittal; funding
amount and source; contract requirements (i.e., contract performance security, insurance
requirements, performance and/or reporting requirements, etc.).
2. Note the procurement officer's name, address, phone numbers and e-mail address. This is
the only person you are allowed to communicate with regarding the RFP and is an excellent
source of information for any questions you may have.
3. Attend the pre -qualifications conference if one is offered. These conferences provide an
opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify
the City of any ambiguities, inconsistencies, or errors in the RFP.
4. Take advantage of the "question and answer" period. Submit your questions to the
procurement officer by the due date listed in the Schedule of Events and view the answers given
in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the DOAS
website at hftp://ssi.doas.state.aa.us/PRSapp/PR index.isp and on the City's website at
hftp://www.cityofmiltonaa.us will include all questions asked and answered concerning the RFP.
5. Follow the format required in the RFP when preparing your response. Provide point -by -
point responses to all sections in a clear and concise manner.
b. Provide complete answers/descriptions. Read and answer all questions and
requirements. Don't assume the City or evaluation committee will know what your company
capabilities are or what items/services you can provide, even if you have previously contracted
with the City. The submittals are evaluated based solely on the information and materials provided
in your response.
7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc.
8. Check the website for RFP addenda. Before submitting your response, check the DOAS
website at http://ssi.doas.state.aa.us/PRSapp/PR index.isp and the City website at
http://w".cityofmiltonaa.us to see whether any addenda were issued for the RFP. If so, you must
submit a signed cover sheet for each addendum issued along with your RFP response.
9. Review and read the RFP document again to make sure that you have addressed all
requirements. Your original response and the requested copies must be identical and be
complete. The copies are provided to the evaluation committee members and will be used to
score your response.
10. Submit your response on time. Note all the dates and times listed in the Schedule of
Events and within the document, and be sure to submit all required items on time. Late submittal
responses are never accepted.
This checklist is provided for assistance only and should not be submitted with Offeror response.
4 1 RFP 17-CMOI
MILIUN'11N
ESTABLISHED 2006
CITY OF MILTON DISCLOSURE FORM
MUST BE RETURNED WITH PROPOSAL
This form is for disclosure of campaign contributions and family member relations with City
of Milton officials/employees.
Please complete this form and return as part of your RFP package when it is submitted.
Name of Offeror
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
List the dollar amount/value and description of each campaign contribution made over
the past two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value
Description
Please list any family member that is currently (or has been employed within the last 12
months) by the City of Milton and your relation:
5 1 RFP 17-CMO1
MIL I - "I U
ESTABLISHED 2006
MUST BE RETURNED WITH PROPOSAL
RFP 17-CMOI PROPOSAL LETTER
We propose to furnish and deliver any and all of the deliverables and services named in
the Request for Proposal (RFP) - RFP 17-CMO1, City Vehicle Maintenance and Light Repair
Services.
It is understood and agreed that we have read the City's specifications shown or
referenced in the RFP and that this proposal is made in accordance with the provisions of
such specifications. By our written signature on this proposal, we guarantee and certify
that all items included meet or exceed any and all such City specifications. We further
agree, if awarded a contract, to deliver goods and services which meet or exceed the
specifications. The City reserves the right to reject any or all proposals, waive
technicalities, and informalities, and to make an award in the best interest of the City.
PROPOSAL SIGNATURE AND CERTIFICATION
I understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the
proposal and certify that I am authorized to sign for my company. I further certify that the
provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not
been violated and will not be violated in any respect.
Authorized Signature
Print/Type Name
Print/Type Company Name
Date
6 1 RFP 17-CM01
MUST BE RETURNED WITH PROPOSAL
CONTRACTOR AFFIDAVIT AND AGREEMENT
STATE OF GEORGIA
CITY OF MILTON
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-
10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services on behalf of the City of Milton has registered with, is authorized to use
and uses the federal work authorization program commonly known as E -Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines established
in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal
work authorization program throughout the contract period and the undersigned contractor will
contract for the physical performance of services in satisfaction of such contract only with
subcontractors who present an affidavit to the contractor with the information required by
O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date
of authorization are as follows:
eVerify Number
Date of Authorization
Name of Contractor
City Vehicle Maintenance and Light Repair
Services
City of Milton
Name of Public Employer
I hereby declare under penalty of perjury
that the foregoing is true and correct.
Executed on _, 201_ in (city),
(state).
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer
or Agent
SUBSCRIBED AND SWORN BEFORE ME ON
THIS THE DAY OF 201_.
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
7 1 RFP 17-PWO1
SCHEDULE OF EVENTS
Task
Date
Issue RFP
Aug 3, 2017
Deadline for Questions
Aug 14, 2017 by 5:00 p.m. EST
Answers Posted by the City
(Addendum)
On or about, Aug 17, 2017
Proposals Due
By 2:00 p.m. EST on Aug 24, 2017
Award Contract
Sept 25, 2017 (proposed)
NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE DOAS
WEBSITE (http://ssl.doas.state.ga.us/PRSapp/PR index.isp) FOR ADDENDA AND
SCHEDULE UPDATES.
8 1 RFP 17-PWO1
SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS
1.0 BACKGROUND AND STATEMENT OF INTENT
The City of Milton is requesting sealed proposals from qualified Offerors with
demonstrated professional competence and experience to provide for the fleet
vehicle maintenance and light repair services as specified in the Scope of Work
(Section 3). The awarded contractor(s must be located within four (4) road miles of
Milton City Hall or Milton Police Department and have a location of suitable size and
personnel to handle the repair and maintenance of the fleet vehicles without
undue delay. City Hall is located at 2006 Heritage Walk, Milton GA 30004. Milton
Police Department is located at 13000 Deerfield Parkway, Milton GA 30004. The
City of Milton may and prefers to award multiple non-exclusive contracts. However,
the City reserves the right to award the RFP to one Contractor if needed. The City
desires a three (3) year agreement which is renewed annually. A list of existing city
vehicles is attached herein as examples only. The number, make/model and
composition may change without prior notice. The selection will be based on
overall price, services, performance, reliability and location convenience of the
proposers. It is the intent to award this RFP to "Full Service Providers". The City
reserves the right to award a specific service (i.e. Tires) to an offeror if it's in the best
interest of the City. The City's needs are outlined in the following Request for
Proposal (RFP). All offerors must comply with all general and special requirements of
the RFP information and instructions enclosed herein.
1.1 SINGLE POINT OF CONTACT
From the date this Request for Proposals (RFP) is issued until an Offeror is
selected, Offerors are not allowed to communicate with any City staff or elected
officials regarding this procurement, except at the direction of Honor Motes. Any
unauthorized contact may disqualify the Offeror from further consideration.
Contact information for the single point of contact is as follows:
Procurement Office: Honor Motes
Address: 2006 Heritage Walk, Milton, GA 30004
Telephone Number: 678-242-2507
E-mail Address: honor.motes@cityofmiltonga.us
1.2 REQUIRED REVIEW
A. Review RFP.
Offerors should carefully review the instructions; mandatory requirements,
specifications, standard terms and conditions, and standard contract
set out in this RFP and promptly notify the procurement office
identified above via e-mail of any ambiguity, inconsistency, unduly
restrictive specifications, or error which they discover upon examination
of this RFP.
B. Form of Questions.
Offerors with questions or requiring clarification or interpretation of any
section within this RFP must submit their questions in writing via email to the
procurement office referenced above on or before 5 PM (EST) on Aug 14,
9 1 RFP 17-PWO1
2017 . Each question must provide clear reference to the section,
page, and item in question. Questions received after the deadline
may not be considered.
C. City's Answers.
The City will provide an official written answer to all questions on or about
August 17, 2017. The City's response will be by formal written addendum.
Any other form of interpretation, correction, or change to this RFP will not
be binding upon the City. Any formal written addendum will be posted
alongside the posting of the RFP at hfp://www.cityofmiltonga.us or
http://ssi.doas.state.ga.us/PRSapp/PR_index.jsp. Offerors must sign and
return any addendum with their RFP response.
D. Standard Contract.
By submitting a response to this RFP, Offeror agrees to acceptance of the
City's standard contract. Much of the language included in the standard
contract reflects requirements of state law. Requests for exceptions to the
standard contract terms, or any added provisions must be submitted to
the procurement office referenced above by the date for receipt of
written/e-mailed questions or with the Offeror's RFP response and must
be accompanied by an explanation of why the exception is being
taken and what specific effect it will have on the Offeror's ability to
respond to the RFP or perform the contract. The City reserves the right
to address non -material, minor, insubstantial requests for exceptions
with the highest scoring Offeror during contract negotiation. Any
material, substantive, important exceptions requested and granted to the
standard terms and conditions and standard contract language will be
addressed in any formal written addendum issued for this RFP and will
apply to all Offerors submitting a response to this RFP.
E. Mandatory Requirements.
To be eligible for consideration, an Offeror must meet the intent of all
mandatory requirements. The City will determine whether an Offeror's RFP
response complies with the intent of the requirements. RFP responses that
do not meet the full intent of all requirements listed in this RFP may be
subject to point reductions during the evaluation process or may be
deemed non-responsive.
1.3 Reserved
1.4 SUBMITTING PROPOSALS
Offerors must organize their proposals into sections that follow the following format.
A. Submittal Requirements.
Proposals shall include the following:
1. City of Milton request for proposal cover page (information entered
and signed: first page of this document)
2. City of Milton Disclosure form (signed)
3. City of Milton Proposal letter (information entered)
10 1 RFP 17-PWO1
4. Technical Proposal:
Each Technical Proposal Shall be:
a. No more than six (6) single sided pages (three pages if
double sided)
1. Cover page(s), table of contents, tabs, and required forms
do not count toward the page limit
b. Minimum of 11 point font
c. Stapled or spiral -bound. No binders
Each Technical Proposal Shall Contain:
a. Design Team (2 pages) - include project staffing,
qualifications of the design team, and what sets the team
apart
b. Work Plan (2 pages) - provide an anticipated project
schedule, any anticipated challenges, and any innovative
approaches
c. Related Projects and References (2 pages)
1. Describe at least 3 similar projects with references
and the degree of involvement of the team
d. Pricing (See Section 5.0)
5. Applicable Addenda Acknowledgement Forms (if necessary)
Offerors must organize their proposal into sections that follow the format of Section
1.4 and Section 5.0.
B. Failure to Comply with Instructions.
Offerors failing to comply with these instructions may be subject to point
deductions. The City may also choose to not evaluate, may deem
non-responsive, and/or may disqualify from further consideration
any qualifications that do not follow this RFP format, are difficult to
understand, are difficult to read, or are missing any requested information.
C. Copies Required and Deadline for Receipt of Proposals.
One original and three (3) copies of each submittal (plus a CD or Flash
Drive) should be provided to the City. Proposals must be received at the
Finance department receptionist's desk in City Hall prior to 2:00 PM,
local time, August 24, 2017. Emailed responses to requests for proposals
are not acceptable. Proposals will be opened at approximately 2:05 pm
and names of Offerors will be announced.
*Important to remember when submitting digital files:
1. Mark all CD's or Flash Drives with Offeror's name and RFP number
and title.
2. All digital files must be in either (unless otherwise specified within this
document):
a. Microsoft Office file format or
b. Portable Document Format (PDF).
11 1 RFP 17-PWOI
3. Use caution in creating the electronic files. If the Cities are unable to
open files due to data -corruption, password or encryption error, etc.,
the Offeror's proposal may be considered incomplete.
4. NOTE: All digital copies must include exactly the same information as
provided in the hard copy "Original".
D. Late Proposals.
Regardless of cause, late proposals will not be accepted and will
automatically be disqualified from further consideration. It shall be the
Offeror's sole risk to assure delivery to the receptionist's desk at the
designated office by the designated time. Late proposals will not be
opened and may be returned to the Offeror at the expense of the Offeror
or destroyed if requested.
1.5 OFEROR'S CERTIFICATION
A. Understanding of Specifications and Requirements.
By submitting a response to this RFP, Offeror agrees to an understanding
of and compliance with the specifications and requirements described in
this RFP.
1.6 COST OF PREPARING PROPOSALS
A. City Not Responsible for Preparation Costs.
The costs for developing and delivering responses to this RFP and any
subsequent presentations of the proposal as requested by the City are
entirely the responsibility of the Offeror. The City is not liable for any
expense incurred by the Offeror in the preparation and presentation of
their proposals.
B. All Timely Submitted Materials Become City Property.
All materials submitted in response to this RFP become the property of the
City of Milton and are to be appended to any formal documentation,
which would further define or expand any contractual relationship
between the City and Offeror resulting from this RFP process.
12 1 RFP 17-PWO1
SECTION 2: RFP STANDARD INFORMATION
2.0 AUTHORITY
This RFP is issued under the authority of the City of Milton. The RFP process is a
procurement option allowing the award to be based on stated evaluation criteria.
The RFP states the relative importance of all evaluation criteria. No other evaluation
criteria, other than as outlined in the RFP, will be used.
2.1 OFFEROR COMPETITION
The City encourages free and open competition among Offerors. Whenever
possible, the City will design specifications, proposal requests, and conditions to
accomplish this objective, consistent with the necessity to satisfy the City's need
to procure technically sound, cost-effective services and supplies.
2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION
A. Public Information.
All information received in response to this RFP, including copyrighted
material, is deemed public information and will be made available for
public viewing and copying after the time for receipt of qualifications
has passed, and the award has been made, with the following four
exceptions: (1) bona fide trade secrets meeting confidentiality
requirements that have been properly marked, separated, and
documented; (2) matters involving individual safety as determined by the
City of Milton; (3) any company financial information requested by the
City of Milton to determine vendor responsibility, unless prior written
consent has been given by the Offeror; and (4) other constitutional
protections.
B. Procurement Officer Review of Proposals.
Upon opening the submittals received in response to this RFP, the
procurement office will review the proposals and separate out any
information that meets the referenced exceptions in Section 2.2(A)
above, providing the following conditions have been met:
1. Confidential information is clearly marked and separated from the rest
of the submittal.
2. An affidavit from an Offeror's legal counsel attesting to and explaining
the validity of the trade secret claim is attached to each submittal
containing trade secrets. Please contact Honor Motes for additional
information.
Information separated out under this process will be available for review
only by the procurement office, the evaluation committee members, and
limited other designees. Offerors must be prepared to pay all legal costs
and fees associated with defending a claim for confidentiality in the
event of a "right to know" (open records) request from another party.
2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS
A. Initial Classification of Proposals as Responsive or Nonresponsive.
13 1 RFP 17-PWO]
Proposals may be found nonresponsive at any time during the
evaluation process or contract negotiation, if any of the required
information is not provided; the submitted price is found to be excessive
or inadequate as measured by criteria stated in the RFP; or the
qualification is not within the specifications described and required in the
RFP. If a qualification is found to be nonresponsive, it will not be
considered further.
B. Determination of Responsibility.
The procurement office will determine if a Offeror has met the standards
of responsibility. Such a determination may be made at any time
during the evaluation process and through contract negotiation if
information surfaces that would result in a determination of nonresponsive.
C. Evaluation of Proposals.
The evaluation committee will evaluate the remaining proposals and
recommend whether to award the contract to the highest scoring Offeror
or, if necessary, to seek discussion/negotiation in order to determine the
highest scoring Offeror. All responsive proposals will be evaluated
based on stated evaluation criteria. In scoring against stated criteria,
the City may consider such factors as accepted industry standards
and a comparative evaluation of all other qualified RFP responses.
These scores will be used to determine the most advantageous offering
to the City.
D. Completeness of Proposals.
Selection and award will be based on the Offeror's proposals and other
items outlined in this RFP. Submitted responses may not include references
to information located elsewhere, such as Internet websites or libraries,
unless specifically requested. Information or materials presented by
Offerors outside the formal response or subsequent
discussion/negotiation, if requested, will not be considered, will have no
bearing on any award, and may result in the Offeror being disqualified
from further consideration.
E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product
Demonstration.
After receipt of all proposals and prior to the determination of the
award, the City may initiate discussions with one or more Offerors should
clarification or negotiation be necessary. Offerors may also be required to
make an oral presentation and/or product demonstration to clarify
their RFP response or to further define their offer. In either case, Offerors
should be prepared to send qualified personnel to Milton, Georgia to
discuss technical and contractual aspects of the submittal. Oral
presentations and product demonstrations, if requested, shall be at the
Offeror's expense.
14 1 RFP 17-PWOI
F. Best and Final Offer.
The "Best and Final Offer" is an option available to the City under the RFP
process which permits the City to request a "best and final offer" from
one or more offerors if additional information is required to make a final
decision. Offerors may be contacted asking that they submit their "best
and final offer," which must include any and all discussed and/or
negotiated changes. The City reserves the right to request a "best and
final offer" for this RFP, if any, based on price/cost alone.
G. Evaluation Committee Recommendation for Contract Award.
The evaluation committee will provide a written recommendation for
contract award.
H. Reauest for Documents Notice.
Upon concurrence with the evaluation committee's recommendation
for contract award, the procurement officer may issue a "Request for
Documents Notice" to the highest scoring Offeror to obtain the required
insurance documents, contract performance security, and any other
necessary documents. Receipt of the "Request for Documents Notice"
does not constitute a contract and no work may begin until a contract
signed by all parties is in place.
Contract Negotiation.
The procurement officer and/or city department representatives may
begin contract negotiation with the responsive and responsible Offeror
whose submittal achieves the highest score and is, therefore, the
most advantageous to the City. If contract negotiation is unsuccessful or
the highest scoring Offeror fails to provide necessary documents or
information in a timely manner, or fails to negotiate in good faith, the
City may terminate negotiations and begin negotiations with the next
highest scoring Offeror.
J. Contract Award.
Contract award, if any, will be made to the highest scoring Offeror
who provides all required documents and successfully completes
contract negotiation.
2.4 RIGHTS RESERVED
While the City has every intention to award a contract as a result of this RFP,
issuance of the RFP in no way constitutes a commitment by the City of Milton
to award and execute a contract. Upon a determination such actions would
be in its best interest, the City, in its sole discretion, reserves the right to:
1. Modify, cancel or terminate this RFP,
2. Reject any or all proposals received in response to this RFP,
3. Select an Offeror without holding interviews,
4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP
which would not have significant impact on any submittal,
15 1 RFP 17-PWOI
5. To request further documentation or information, and to discuss a RFP
submittal for any purpose in order to answer questions or to provide
clarification,
6. Not award if it is in the best interest of the City not to proceed with contract
execution; or
7. If awarded, terminate any contract in accordance with the terms and
conditions of the contract if the City determines adequate funds are not
available.
16 1 RFP 17-PWO1
SECTION 3: SCOPE OF PROJECT
3.0 PROJECT - Vehicles to be serviced (Subject to Change):
Year
Make
Model
Police
2007
Ford #7
Crown Victoria - Black
2007
Ford
Crown Vic Charcoal
2007
Ford
119 Expedition XLT 4x2
2007
Toyota
Tacoma
2009
Ford (#3)
Crown Victoria
2010
Ford(CID)
Explorer
2011
Ford
Ford Fusion
2012
Ford
Explorer
2013
Ford
Police Interceptor SUV
2013
Ford
Police Interceptor SUV
2013
Ford
Police Interceptor SUV
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Chevy (CID)
Tahoe
2013
Dod e CID
Charger
2013
Dodge(CID)
Charger
2014
Ford
Police Interceptor SUV
2014
Ford
Police Interceptor SUV
2014
Ford
Police Interceptor SUV
2014
Ford
Police Interceptor SUV
2014
Ford
Police Interceptor SUV
2015
Ford(Hybrid)
Fusion
2015
Dodge(Manager)
Durango
2015
Ford(CID)
Explorer
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2016
Ford
I Police Interceptor SUV
2016
Ford
I Police Interceptor SUV
17 1 RFP 17-PWO1
2016
Ford
Police Interceptor SUV
2016
Ford
Police Interceptor SUV
2016
Ford
Police Interceptor SUV
2017
Ford(Training)
F150 V8
2017
Ford(Chief)
Police Interceptor SUV
2017
Ford
Police Interceptor SUV
2017
Ford
Police Interceptor SUV
2017
Ford
I Police Interceptor SUV
City Administration
2007
Ford
Fusion
2007
Ford
Ranger
2010
Ford
Explorer
2010
Ford
Explorer
2010
Ford
F150
2010
Ford
F150
2010
Ford
F150
2015
Ford
Escape
2015
Ford
Explorer
2015
Ford
F250
2016
Ford
F250
Fire Administration
2010
Ford
F150
2012
Ford
Expedition
2013
Ford
Explorer
2013
Ford
Explorer
2014
Ford
F250
2014
Ford
Expedition
2016
Ford
Explorer
2016
Ford
Explorer
2017
Ford
F150
2017
Ford
F150
18 1 RFP 17-CMOI
3.1 SERVICE REQUIREMENTS - Included but not limited to the following:
Regular Oil change
Synthetic oil change
Synthetic oil change (Over 6QTS)
Transmission flushes
Coolant Flush
Fuel Induction Service
Differential Service
02 Sensors
Timing Chain
Water Pump
Fan Belt
Tune Up (wires,plugs)
Fuel rail
Air filter
Cabin Air Filter
Mass air flow sensor
Abs Module
Radiator Replacement
Tire Pressure Sensors
Mount/Balance/Install Tires
Alignment 4 Wheel
Tire Rotation
Front Control Arm
Shocks and Struts
Battery Replacement
Bulbs Headlight
Bulbs taillights
Bulbs blinkers
Windshield wipers
Brakes
Rotors
Brake Fluid Flush
Ac Fan motor
Ac Flush
Alternator
Belt Tensioner
Coolant Fan
100,000 mile service
Emissions Testing
19 1 RFP 17-CMO1
3.3 TIME REQUIREMENTS - below are from arrival to departure (Priority Service):
✓ Oil changes in 25 minutes or less
✓ Tires installed, balanced and aligned in 45 minutes or less
✓ All lights checked on every service call (except light bar/emergency lights)
and repaired.
✓ Transmission flush completed in 45 minutes or less
✓ All other services "as soon as possible"
20 1 RFP 17-CM0i
SECTION 4: OFFEROR PROPOSALS
4.0 CITY'S RIGHT TO INVESTIGATE
The City may make such investigations as deemed necessary to determine
the ability of the Offeror to provide the supplies and/or perform the services
specified.
4.1 OFFEROR INFORMATIONAL REQUIREMENTS
Firms interested in providing the services described in this RFP should be
able to demonstrate experience in the areas described in Section 3.
21 1 RFP 17 -CMO i
SECTION 5: COST PROPOSAL
. t �
ESTABLI511EU 2006
MUST BE RETURNED WITH BID
RFP 17-CMO1
One (1) original and two (2) copies shall be submitted in a separate sealed
envelope before the required deadline. The offeror's cost proposal shall be
signed by an authorized agent of the company. There is no maximum page limit
to section 5.
The undersigned bidder, having familiarized themselves with the work required by
the RFP, the bid documents, all laws, regulations, and other factors affecting
performance of the work, and having satisfied itself/himself/herself of the expense
and difficulties attending performance of the work; Hereby proposes and agrees,
if this bid for the above named project is accepted to enter into a contract to
perform all work necessary to the successful completion of the contract; and to
supply all required submittals as indicated or specified in the RFP and the bid
documents to be performed or furnished by bidder. The quantities listed below
are estimates. The actual price will be the actual quantities multiplied by the
"fixed cost per unit" listed below plus any applicable hourly service requirements.
Please complete the "Fixed Cost Per Unit" column below and return with proposal.
(See Attached Schedule)
22 1 RFP 17-CMOI
Service
requirements
Estimated
Yearly
Quantity Fixed Cost per unit Total
Regular Oil change
<25minutes
120
Synthetic oil change
<25 minutes
40
Synthetic oil change(Over 6QTS)
Transmission flushes
50
Coolant Flush
30
Fuel Induction Service
40
Differential Service
02 Sensors
Timing Chain
Water Pump
Fan Belt
Tune Up (wires,plugs)
60
Fuel rail
15
Air filter
50
Cabin Air Filter
Mass air flow sensor
12
Abs Module
12
Radiator Replacement
14
Tire Pressure Sensors
Mount/Balance/Install Tires
Alignment 4 Wheel
Tire Rotation
Front Control Arm
5
Shocks and Struts
10
Battery Replacement
20
Bulbs Headlight
25
Bulbs taillights
50
Bulbs blinkers
50
Windshield wipers
80
Brakes
50
Rotors
10
Brake Fluid Flush
Ac Fan motor
10
Ac Flush
10
Alternator
10
Belt Tensioner
Coolant Fan
10
100,000 mile service
35
Emissions Testing
Grand Total
23 1 RFP 17-CMOI
In addition to the above services, please provide the rate per hour schedule for services
not covered above:
• Business hours rate $
Written in words $
• After hours rate $
Written in words $
Please describe your hours of operation and how it meets our priority service requirements:
Company Name
Authorized Signature
Print/Type Name
Print/Type Title
Date
24 1 RFP 17-CMO1
SECTION 6: EVALUATION CRITERIA
6.0 EVALUATION CRITERIA
The evaluation committee will review and evaluate the proposals according to
the criteria listed below. Proposals not meeting the minimum technical
requirements and those who are non-responsive will not be considered. Positive
or negative City of Milton experiences are part of the evaluation. Lack of service
experience with the City is not a detriment to the evaluation as long as positive
references and experiences can be produced. The City reserves the right to test
service at any vendor shop for evaluation purposes. Location evaluation is
determined by proximity to City Hall and Milton Police Department. The City may
request short-listed proposers to meet with City Staff for evaluation purposes.
Proposal Evaluation Criteria:
Ability, Location, Hours of Operation, References, Service 50%
Experience, Performance Liability, and City of Milton
Experience (if any)
Price (Section 5.0) 50%
25 1 RFP 17-CMOI
SECTION 7: STANDARD CONTRACT INFORMATION
7.0 STANDARD CONTRACT
The City's standard contract is attached to this document as Appendix A. Offeror
should notify the City of any terms within the standard contract that preclude
them from responding to the RFP. This notification must be made by the deadline
for receipt of written/e-mailed questions or with the Offeror's RFP response. Any
requests for material, substantive, important exceptions to the standard contract
will be addressed in any formal written addendum issued by the procurement
officer in charge of the solicitation. The City reserves the right to address any non-
material, minor, insubstantial exceptions to the standard contract with the highest
scoring Offeror at the time of contract negotiation.
7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS
This RFP and any addenda, the Offeror's RFP response, including any
amendments, a best and final offer, any clarification question responses, and any
negotiations shall be included in any resulting contract. The City's standard
contract, attached as Appendix A, contains the contract terms and conditions
which will form the basis of any contract negotiated between the City and the
highest scoring Offeror. The contract language contained in Appendix A does
not define the total extent of the contract language that may be negotiated. In
the event of a dispute as to the duties and responsibilities of the parties under this
contract, the contract, along with any attachments prepared by the City, will
govern in the same order of precedence as listed in the contract.
7.2 SUBOFFEROR
The highest scoring Offeror will be the prime Offeror if a contract is awarded and
shall be responsible, in total, for all work of any sub -offerors. All sub -offerors, if any,
must be listed in the proposals. The City reserves the right to approve all sub -
Offerors. The Offeror shall be responsible to the City for the acts and omissions of
all sub -Offerors or agents and of persons directly or indirectly employed by such
sub -offerors, and for the acts and omissions of persons employed directly by the
Offeror. Further, nothing contained within this document or any contract
documents created as a result of any contract awards derived from this RFP shall
create any contractual relationships between any subcontractor and the City.
7.3 GENERAL INSURANCE REQUIREMENTS
See sample contract.
7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT
The Offeror is required to supply the City of Milton with proof of compliance with
the Workers' Compensation Act while performing work for the City. Neither the
26 1 RFP I7-CMOI
Offeror nor its employees are employees of the City. The proof of
insurance/exemption must be received by the City of Milton within 10 working
days of the Request for Documents Notice and must be kept current for the entire
term of the contract.
CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE
REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME.
7.5 COMPLIANCE WITH LAWS
The Offeror must, in performance of work under this contract, fully comply with all
applicable federal, state, or local laws, rules and regulations, including the Civil
Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with
Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any
subletting or sub -consulting by the Offeror subjects sub -offerors to the same
provision. The Offeror agrees that the hiring of persons to perform the contract will
be made on the basis of merit and qualifications and there will be no
discrimination based upon race, color, religion, creed, political ideas, sex, age,
marital status, physical or mental disability, or national origin by the persons
performing the contract.
7.6 CONTRACT TERMINATION
See sample contract.
Sample Contract Intentionally Omitted
"EXHIBIT B"
ESTABLIS) ILD 2006
CITY OF MILTON REQUEST FOR PROPOSALS
(THIS IS NOT AN ORDER)
RFP Number:
RFP Title:
17-CM01
City Vehicle Maintenance and Light Repair Services
Due Date and Time: Aug 24, 2017
Fax: 678-242-2499
Local Time: 2:00 p.m.
Number of Pages: 49
ISSUING DEPARTMENT INFORMATION
Issue Date: Aug 3, 2017
City of Milton
Phone: 678-242-2500
2006 Heritage Walk
Fax: 678-242-2499
Milton, Go. 30004
Website: www.citvofmiltonaa.us
INSTRUCTIONS TO OFFERORS
Return Proposal to:
_
I Mark Face of Envelope/Package:
RFP Number: 17-CMO1
City of Milton
Name of Company or Firm
Attn: Honor Motes, Purchasing Office
Special Instructions:
2006 Heritage Walk
Deadline for Written Questions ---�-
Milton, Ga. 30004
Aug 14, 2017 at 5:00 pm
Offero Federal I.D. Number:
Email questions to Honor Motes at
sZ33 q
honor.motes@cityofmiltonaa.us
IMPORTANT: SEE STANDARD TERMS AND CONDITIONS
OFFERORS MUST COMPLETE THE FOLLOWING
Offeror Name/Address:
Authorize Offeror Sig ory:
ti � �j 17re�detl Dr Sk- 2Zv
&CLOI
dh�PIrent +am
si n in ink
Offeror Phone Number:
Offeror FAX Number:
- -SI
a -Ci C, I - SI (os
Offero Federal I.D. Number:
Off rorUail Address:
sZ33 q
�
OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONgE
2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info(s-cityofmiltongo.us I www.cityofmiltongo.us
0000
F
2 I RFP 1 Cr�101
TABLE OF CONTENTS
Offeror's RFP Checklist
Disclosure Form
Schedule of Events
Section 1: Project Overview and Instructions
Section 2: RFP Standard Information
Section 3: Scope of Project
Section 4: Offeror Qualifications
Section 5: Cost Proposal
Section 6: Evaluation Criteria
Section 7: Standard Contract Information
Standard Contract
3 1 RFP 171_1__1111� 11
OFFEROR'S RFP CHECKLIST
The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton
1. Read the entire document. Note critical items such as: mandatory requirements;
supplies/services required; submittal dates; number of copies required for submittal; funding
amount and source; contract requirements (i.e., contract performance security, insurance
requirements, performance and/or reporting requirements, etc.).
2. Note the procurement officer's name, address, phone numbers and e-mail address. This is
the only person you are allowed to communicate with regarding the RFP and is an excellent
source of information for any questions you may have.
3. Attend the pre -qualifications conference if one is offered. These conferences provide an
opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify
the City of any ambiguities, inconsistencies, or errors in the RFP.
4. Take advantage of the "question and answer" period. Submit your questions to the
procurement officer by the due date listed in the Schedule of Events and view the answers given
in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the DOAS
website at hftp://ssl.doas.state.ga.us/PRSapp/PR index.isp and on the City's website at
hftp://www.cityofmiltonga.us will include all questions asked and answered concerning the RFP.
5. Follow the format required in the RFP when preparing your response. Provide point -by -
point responses to all sections in a clear and concise manner.
6. Provide complete answers/descriptions. Read and answer all questions and
requirements. Don't assume the City or evaluation committee will know what your company
capabilities are or what items/services you can provide, even if you have previously contracted
with the City. The submittals are evaluated based solely on the information and materials provided
in your response.
7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc.
8. Check the website for RFP addenda. Before submitting your response, check the DOAS
website at http://ssl.doas.state.go.us/PRSapp/PR index.isp and the City website at
hftp://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so, you must
submit a signed cover sheet for each addendum issued along with your RFP response.
9. Review and read the RFP document again to make sure that you have addressed all
requirements. Your original response and the requested copies must be identical and be
complete. The copies are provided to the evaluation committee members and will be used to
score your response.
10. Submit your response on time. Note all the dates and times listed in the Schedule of
Events and within the document, and be sure to submit all required items on time. Late submittal
responses are never accepted.
This checklist is provided for assistance only and should not be submitted with Offeror response.
4 1 RFP i 7 -!NAD i
ESTABLISHED 2006
CITY OF MILTON DISCLOSURE FORM
MUST BE RETURNED WITH PROPOSAL
This form is for disclosure of campaign contributions and family member relations with City
of Milton officials/employees.
Please complete this form and return as part of your RFP package when it is submitted.
Name of Offeror Noqm-l` 4c a
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
N(r)e--
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
,nom
Description
Please list any family member that is currently (or has been employed within the last 12
months) by the City of Milton and your relation:
Lo A-
5 ( RFP 1 7 -CM01
MUST BE RETURNED WITH PROPOSAL
RFP 17-CMO1 PROPOSAL LETTER
We propose to furnish and deliver any and all of the deliverables and services named in
the Request for Proposal (RFP) - RFP 17-CMO1, City Vehicle Maintenance and Light Repair
Services.
It is understood and agreed that we have read the City's specifications shown or
referenced in the RFP and that this proposal is made in accordance with the provisions of
such specifications. By our written signature on this proposal, we guarantee and certify
that all items included meet or exceed any and all such City specifications. We further
agree, if awarded a contract, to deliver goods and services which meet or exceed the
specifications. The City reserves the right to reject any or all proposals, waive
technicalities, and informalities, and to make an award in the best interest of the City.
PROPOSAL SIGNATURE AND CERTIFICATION
I understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the
proposal and certify that I am authorized to sign for my company. I further certify that the
provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not
been violated and will not be violated in any respect.
Authorized Signature``
Print/Type Name U%\Iks Oe�r-
Print/Type Company Name
Date
g
ESTADLISHM 2006
MUST BE RETURNED WITH PROPOSAL
RFP 17-CMO1 PROPOSAL LETTER
We propose to furnish and deliver any and all of the deliverables and services named in
the Request for Proposal (RFP) - RFP 17-CMO1, City Vehicle Maintenance and Light Repair
Services.
It is understood and agreed that we have read the City's specifications shown or
referenced in the RFP and that this proposal is made in accordance with the provisions of
such specifications. By our written signature on this proposal, we guarantee and certify
that all items included meet or exceed any and all such City specifications. We further
agree, if awarded a contract, to deliver goods and services which meet or exceed the
specifications. The City reserves the right to reject any or all proposals, waive
technicalities, and informalities, and to make an award in the best interest of the City.
PROPOSAL SIGNATURE AND CERTIFICATION
I understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the
proposal and certify that I am authorized to sign for my company. I further certify that the
provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not
been violated and will not be violated in any respect.
Authorized Signature``
Print/Type Name U%\Iks Oe�r-
Print/Type Company Name
Date
MUST BE RETURNED WITH PROPOSAL
CONTRACTOR AFFIDAVIT AND AGREEMENT
STATE OF GEORGIA
CITY OF MILTON
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-
10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services on behalf of the City of Milton has registered with, is authorized to use
and uses the federal work authorization program commonly known as E -Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines established
in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal
work authorization program throughout the contract period and the undersigned contractor will
contract for the physical performance of services in satisfaction of such contract only with
subcontractors who present an affidavit to the contractor with the information required by
O.C.G.A. § 13-10-91 (b).
Contractor hereby attests that its federal work authorization user identification number and date
of authorization are as follows:
I hereby declare under penalty of perjury
eVerify Number that the foregoin is true and t
8123//r�-
Date of Authorization
Name of Contr ctor
City Vehicle Maintenance and Light Repair
Services
City of Milton
Name of Public Employer
� correc .
Executed on v�3, 20111 in (city),
(state).
S' nature of Authorized Of ' er or Agent
--Printed Name and Title of Authorized Officer
or Agent
SUBSCRIBED kND SWORN EFORE ME ON
THIS THE. .— DAY OF _ i- 201 l'�
7 1 RFP -PW01
SCHEDULE OF EVENTS
Task
Date
Issue RFP
Aug 3, 2017
Deadline for Questions
Aug 14, 2017 by 5:00 p.m. EST
Answers Posted by the City
(Addendum)
Proposals Due
On or about, Aug 17, 2017
By 2:00 p.m. EST on Aug 24, 2017
Award Contract
Sept 25, 2017 (proposed)
NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE DOAS
WEBSITE(http://ssl.doas.state.ga.us/PRSapp/PR index isp) FOR ADDENDA AND
SCHEDULE UPDATES.
8 1 RFP ?-P V01
SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS
`A I'
1.0 BACKGROUND AND STATEMENT OF INTENT
The City of Milton is requesting sealed proposals from qualified Offerors with
demonstrated professional competence and experience to provide for the fleet
vehicle maintenance and light repair services as specified in the Scope of Work
(Section 3). The awarded contractor(s must be located within four (4) road miles of
Milton City Hall or Milton Police Department and have a location of suitable size and
personnel to handle the repair and maintenance of the fleet vehicles without
undue delay. City Hall is located at 2006 Heritage Walk, Milton GA 30004. Milton
Police Department is located at 13000 Deerfield Parkway, Milton GA 30004. The
City of Milton may and prefers to award multiple non-exclusive contracts. However,
the City reserves the right to award the RFP to one Contractor if needed. The City
desires a three (3) year agreement which is renewed annually. A list of existing city
vehicles is attached herein as examples only. The number, make/model and
composition may change without prior notice. The selection will be based on
overall price, services, performance, reliability and location convenience of the
proposers. It is the intent to award this RFP to "Full Service Providers". The City
reserves the right to award a specific service (i.e. Tires) to an offeror if it's in the best
interest of the City. The City's needs are outlined in the following Request for
Proposal (RFP). All offerors must comply with all general and special requirements of
the RFP information and instructions enclosed herein.
1.1 SINGLE POINT OF CONTACT
From the date this Request for Proposals (RFP) is issued until an Offeror is
selected, Offerors are not allowed to communicate with any City staff or elected
officials regarding this procurement, except at the direction of Honor Motes. Any
unauthorized contact may disqualify the Offeror from further consideration.
Contact information for the single point of contact is as follows:
Procurement Office: Honor Motes
Address: 2006 Heritage Walk, Milton, GA 30004
Telephone Number: 678-242-2507
E-mail Address: honor.motes@cityofmiltonga.us
1.2 REQUIRED REVIEW
A. Review RFP.
Offerors should carefully review the instructions; mandatory requirements,
specifications, standard terms and conditions, and standard contract
set out in this RFP and promptly notify the procurement office
identified above via e-mail of any ambiguity, inconsistency, unduly
restrictive specifications, or error which they discover upon examination
of this RFP.
B. Form of Questions.
Offerors with questions or requiring clarification or interpretation of any
section within this RFP must submit their questions in writing via email to the
procurement office referenced above on or before 5 PM (EST) on Aug 14,
9 1 RFP i 7 -PWC 1
2017 . Each question must provide clear reference to the section,
page, and item in question. Questions received after the deadline
may not be considered.
C. City's Answers.
The City will provide an official written answer to all questions on or about
August 17, 2017. The City's response will be by formal written addendum.
Any other form of interpretation, correction, or change to this RFP will not
be binding upon the City. Any formal written addendum will be posted
alongside the posting of the RFP at http://www.cityofmiltonga.us or
http://ssi.doos.state.ga.us/PRSapp/PR_Index.jsp. Offerors must sign and
return any addendum with their RFP response.
D. Standard Contract.
By submitting a response to this RFP, Offeror agrees to acceptance of the
City's standard contract. Much of the language included in the standard
contract reflects requirements of state law. Requests for exceptions to the
standard contract terms, or any added provisions must be submitted to
the procurement office referenced above by the date for receipt of
written/e-mailed questions or with the Offeror's RFP response and must
be accompanied by an explanation of why the exception is being
taken and what specific effect it will have on the Offeror's ability to
respond to the RFP or perform the contract. The City reserves the right
to address non -material, minor, insubstantial requests for exceptions
with the highest scoring Offeror during contract negotiation. Any
material, substantive, important exceptions requested and granted to the
standard terms and conditions and standard contract language will be
addressed in any formal written addendum issued for this RFP and will
apply to all Offerors submitting a response to this RFP.
Mandatory Reauirements.
To be eligible for consideration, an Offeror must meet the intent of all
mandatory requirements. The City will determine whether an Offeror's RFP
response complies with the intent of the requirements. RFP responses that
do not meet the full intent of all requirements listed in this RFP may be
subject to point reductions during the evaluation process or may be
deemed non-responsive.
1.3 Reserved
1.4 SUBMITTING PROPOSALS
Offerors must organize their proposals into sections that follow the following format,
A. Submittal Requirements.
Proposals shall include the following:
1. City of Milton request for proposal cover page (information entered
and signed: first page of this document)
2. City of Milton Disclosure form (signed)
3. City of Milton Proposal letter (information entered)
10 1 RFI' 1 i-PWO;
4. Technical Proposal:
Each Technical Proposal Shall be:
a. No more than six (6) single sided pages (three pages if
double sided)
1. Cover page(s), table of contents, tabs, and required forms
do not count toward the page limit
b. Minimum of 1 1 point font
c. Stapled or spiral -bound. No binders
Each Technical Proposal Shall Contain:
a. Design Team (2 pages) - include project staffing,
qualifications of the design team, and what sets the team
apart
b. Work Plan (2 pages) - provide an anticipated project
schedule, any anticipated challenges, and any innovative
approaches
c. Related Projects and References (2 pages)
1. Describe at least 3 similar projects with references
and the degree of involvement of the team
d. Pricing (See Section 5.0)
5. Applicable Addenda Acknowledgement Forms (if necessary)
Offerors must organize their proposal into sections that follow the format of Section
1.4 and Section 5.0.
B. Failure to Comply with Instructions.
Offerors failing to comply with these instructions may be subject to point
deductions. The City may also choose to not evaluate, may deem
non-responsive, and/or may disqualify from further consideration
any qualifications that do not follow this RFP format, are difficult to
understand, are difficult to read, or are missing any requested information.
C. Copies Required and Deadline for Receipt of Proposals.
One original and three (3) copies of each submittal (plus a CD or Flash
Drive) should be provided to the City. Proposals must be received at the
Finance department receptionist's desk in City Hall prior to 2:00 PM,
local time, August 24, 2017. Emailed responses to requests for proposals
are not acceptable. Proposals will be opened at approximately 2:05 pm
and names of Offerors will be announced.
*Important to remember when submitting digital files:
1. Mark all CD's or Flash Drives with Offeror's name and RFP number
and title.
2. All digital files must be in either (unless otherwise specified within this
document):
a. Microsoft Office file format or
b. Portable Document Format (PDF).
11 RFP 1!-PW0
U
3. Use caution in creating the electronic files. If the Cities are unable to
open files due to data-corruption, password or encryption error, etc.,
the Offeror's proposal may be considered incomplete.
4. NOTE: All digital copies must include exactly the same information as
A provided in the hard copy "Original".
D. Late Proposals.
Regardless of cause, late proposals will not be accepted and will
automatically be disqualified from further consideration. It shall be the
Offeror's sole risk to assure delivery to the receptionist's desk at the
a designated office by the designated time. Late proposals will not be
opened and may be returned to the Offeror at the expense of the Offeror
or destroyed if requested.
1.5 OFEROR'S CERTIFICATION
A. Understandinq of Specifications and Requirements.
By submitting a response to this RFP, Offeror agrees to an understanding
of and compliance with the specifications and requirements described in
this RFP.
1.6 COST OF PREPARING PROPOSALS
A. City Not Responsible for Preparation Costs.
u The costs for developing and delivering responses to this RFP and any
subsequent presentations of the proposal as requested by the City are
entirely the responsibility of the Offeror. The City is not liable for any
expense incurred by the Offeror in the preparation and presentation of
their proposals.
B. All Timely Submitted Materials Become City Property.
All materials submitted in response to this RFP become the property of the
City of Milton and are to be appended to any formal documentation,
which would further define or expand any contractual relationship
between the City and Offeror resulting from this RFP process.
12 FFP 1' -PWC'
SECTION 2: RFP STANDARD INFORMATION
2.0 AUTHORITY
This RFP is issued under the authority of the City of Milton. The RFP process is a
procurement option allowing the award to be based on stated evaluation criteria.
The RFP states the relative importance of all evaluation criteria. No other evaluation
criteria, other than as outlined in the RFP, will be used.
2.1 OFFEROR COMPETITION
The City encourages free and open competition among Offerors. Whenever
possible, the City will design specifications, proposal requests, and conditions to
accomplish this objective, consistent with the necessity to satisfy the City's need
to procure technically sound, cost-effective services and supplies.
2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION
A. Public Information.
All information received in response to this RFP, including copyrighted
material, is deemed public information and will be made available for
public viewing and copying after the time for receipt of qualifications
has passed, and the award has been made, with the following four
exceptions: (1) bona fide trade secrets meeting confidentiality
requirements that have been properly marked, separated, and
documented; (2) matters involving individual safety as determined by the
City of Milton; (3) any company financial information requested by the
City of Milton to determine vendor responsibility, unless prior written
consent has been given by the Offeror; and (4) other constitutional
protections.
B. Procurement Officer Review of Proposals.
Upon opening the submittals received in response to this RFP, the
procurement office will review the proposals and separate out any
information that meets the referenced exceptions in Section 2.2(A)
above, providing the following conditions have been met:
1. Confidential information is clearly marked and separated from the rest
of the submittal.
2. An affidavit from an Offeror's legal counsel attesting to and explaining
the validity of the trade secret claim is attached to each submittal
containing trade secrets. Please contact Honor Motes for additional
information.
Information separated out under this process will be available for review
only by the procurement office, the evaluation committee members, and
limited other designees. Offerors must be prepared to pay all legal costs
and fees associated with defending a claim for confidentiality in the
event of a "right to know" (open records) request from another party.
2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS
A. Initial Classification of Proeosals as Responsive or Nonresponsive.
�u
13 i R`': P r,.:t�,
-y,
Proposals may be found nonresponsive at any time during the
evaluation process or contract negotiation, if any of the required
information is not provided; the submitted price is found to be excessive
or inadequate as measured by criteria stated in the RFP; or the
qualification is not within the specifications described and required in the
RFP. If a qualification is found to be nonresponsive, it will not be
considered further.
B. Determination of Responsibility.
The procurement office will determine if a Offeror has met the standards
of responsibility. Such a determination may be made at any time
during the evaluation process and through contract negotiation if
information surfaces that would result in a determination of nonresponsive.
C. Evaluation of Proposals.
The evaluation committee will evaluate the remaining proposals and
recommend whether to award the contract to the highest scoring Offeror
or, if necessary, to seek discussion/negotiation in order to determine the
highest scoring Offeror. All responsive proposals will be evaluated
based on stated evaluation criteria. In scoring against stated criteria,
the City may consider such factors as accepted industry standards
and a comparative evaluation of all other qualified RFP responses.
These scores will be used to determine the most advantageous offering
to the City.
D. Completeness of Proposals.
Selection and award will be based on the Offeror's proposals and other
items outlined in this RFP. Submitted responses may not include references
to information located elsewhere, such as Internet websites or libraries,
unless specifically requested. Information or materials presented by
Offerors outside the formal response or subsequent
discussion/negotiation, if requested, will not be considered, will have no
bearing on any award, and may result in the Offeror being disqualified
from further consideration.
E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product
Demonstration.
After receipt of all proposals and prior to the determination of the
award, the City may initiate discussions with one or more Offerors should
clarification or negotiation be necessary. Offerors may also be required to
make an oral presentation and/or product demonstration to clarify
their RFP response or to further define their offer. In either case, Offerors
should be prepared to send qualified personnel to Milton, Georgia to
discuss technical and contractual aspects of the submittal. Oral
presentations and product demonstrations, if requested, shall be at the
Offeror's expense.
14 1 RFP i 7-PWO 1
Best and Final Offer.
The "Best and Final Offer" is an option available to the City under the RFP
process which permits the City to request a "best and final offer" from
one or more offerors if additional information is required to make a final
decision. Offerors may be contacted asking that they submit their "best
and final offer," which must include any and all discussed and/or
negotiated changes. The City reserves the right to request a "best and
final offer" for this RFP, if any, based on price/cost alone.
G. Evaluation Committee Recommendation for Contract Award.
The evaluation committee will provide a written recommendation for
contract award.
H. Request for Documents Notice.
Upon concurrence with the evaluation committee's recommendation
for contract award, the procurement officer may issue a "Request for
Documents Notice" to the highest scoring Offeror to obtain the required
insurance documents, contract performance security, and any other
necessary documents. Receipt of the "Request for Documents Notice"
does not constitute a contract and no work may begin until a contract
signed by all parties is in place.
Contract Negotiation.
The procurement officer and/or city department representatives may
begin contract negotiation with the responsive and responsible Offeror
whose submittal achieves the highest score and is, therefore, the
most advantageous to the City. If contract negotiation is unsuccessful or
the highest scoring Offeror fails to provide necessary documents or
information in a timely manner, or fails to negotiate in good faith, the
City may terminate negotiations and begin negotiations with the next
highest scoring Offeror.
Contract Award.
Contract award, if any, will be made to the highest scoring Offeror
who provides all required documents and successfully completes
contract negotiation.
2.4 RIGHTS RESERVED
While the City has every intention to award a contract as a result of this RFP,
issuance of the RFP in no way constitutes a commitment by the City of Milton
to award and execute a contract. Upon a determination such actions would
be in its best interest, the City, in its sole discretion, reserves the right to:
1. Modify, cancel or terminate this RFP,
2. Reject any or all proposals received in response to this RFP,
3. Select an Offeror without holding interviews,
4. Waive any undesirable, inconsequential, or inconsistent provisions of this'RFP
which would not have significant impact on any submittal,
15 1 RFP 17-1PW
5. To request further documentation or information, and to discuss a RFP
submittal for any purpose in order to answer questions or to provide
clarification,
6. Not award if it is in the best interest of the City not to proceed with contract
execution; or
7. If awarded, terminate any contract in accordance with the terms and
conditions of the contract if the City determines adequate funds are not
available.
16 1 RFP 17-PV'401
SECTION 3: SCOPE OF PROJECT
3.0 PROJECT - Vehicles to be serviced (Subject to Change):
Year
Make
Model
Police
2007
Ford #7
Crown Victoria - Black
2007
Ford
Crown Vic Charcoal
2007
Ford
119 Expedition XLT 4x2
2007
Toyota
Tacoma
2009
Ford (0)
Crown Victoria
2010
Ford(CID)
Explorer
2011
Ford
Ford Fusion
2012
Ford
Explorer
2013
Ford
Police Interceptor SUV
2013
Ford
Police Interceptor SUV
2013
Ford
Police Interceptor SUV
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Chevy (CID)
Tahoe
2013
Dodge(CID)
Charger
2013
Dodge(CID)
Charger
2014
Ford
Police Interceptor SLJV
2014
Ford
Police Interceptor SUV
2014
Ford
Police Interceptor SUV
2014
Ford
Police Interceptor SUV
2014
Ford
Police Interceptor SLJV
2015
Ford(Hybrid)
Fusion
2015
Dodge(Manager)
Durango
2015
Ford(CID)
Explorer
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SLJV
2015
Ford
Police Interceptor SW
2015
Ford
Police Interceptor SLJV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2016
Ford
Police Interceptor SUV
2016
Ford
Police Interceptor SW
17 1 RFP 17-PWOI
2016
Ford
Police Interceptor SL1V
2016
Ford
Police Interceptor SUV
2016
Ford
Police Interceptor SUV
2017
Ford(Training)
F150 V8
2017
Ford(CNef)
Police Interceptor SUV
2017
Ford
Police Interceptor SUV
2017
Ford
Police Interceptor SUV
2017
Ford
Police Interceptor SUV
City Administration
2007
Ford
Fusion
2007
Ford
Ranger
2010
Ford
Explorer
2010
Ford
Explorer
2010
Ford
F150
2010
Ford
F150
2010
Ford
F150
2015
Ford
Escape
2015
Ford
Explorer
2015
Ford
F250
2016
Ford
F250
Fire Administration
2010
Ford
F150
2012
Ford
Expedition
2013
Ford
Explorer
2013
Ford
Explore
2014
Ford
F250
2014
Ford
Expedition
2016
Ford
Explorer
2016
Ford
Explorer
2017
Ford
F150
2017
Ford
F150
18 1 RFP 17-CMG1
3.1 SERVICE REQUIREMENTS - Included but not limited to the following:
Regular Oil change
Synthetic oil change
Synthetic oil change (Over 6QTS)
Transmission flushes
Coolant Flush
Fuel Induction Service
Differential Service
02 Sensors
Timing Chain
Water Pump
Fan Belt
Tune Up (wires,plugs)
Fuel rail
Air filter
Cabin Air Filter
Mass air flow sensor
Abs Module
Radiator Replacement
Tire Pressure Sensors
Mount/Balance/Install Tires
Alignment 4 Wheel
Tire Rotation
Front Control Arm
Shocks and Struts
Battery Replacement
Bulbs Headlight
Bulbs taillights
Bulbs blinkers
Windshield wipers
Brakes
Rotors
Brake Fluid Flush
Ac Fan motor
Ac Flush
Alternator
Belt Tensioner
Coolant Fan
100,000 mile service
Emissions Testing
19 ( RF1'^'7-CVv01
3.3 TIME REQUIREMENTS - below are from arrival to departure (Priority Service):
✓ Oil changes in 25 minutes or less
' ✓ Tires installed, balanced and aligned in 45 minutes or less
✓ All lights checked on every service call (except light bar/emergency lights)
and repaired.
✓ Transmission flush completed in 45 minutes or less
✓ All other services "as soon as possible"
20 1 RA=P 17-CMO1
SECTION 4: OFFEROR PROPOSALS
4.0 CITY'S RIGHT TO INVESTIGATE
The City may make such investigations as deemed necessary to determine
the ability of the Offeror to provide the supplies and/or perform the services
specified.
4.1 OFFEROR INFORMATIONAL REQUIREMENTS
Firms interested in providing the services described in this RFP should be
able to demonstrate experience in the areas described in Section 3.
21 1 RFP `i 7-CM0 1
SECTION 5: COST PROPOSAL
h`
ESTABLISI IED 2006
MUST BE RETURNED WITH BID
RFP 17-CMO1
one (1) original and two (2) copies shall be submitted in a separate sealed
envelope before the required deadline. The offeror's cost proposal shall be
signed by an authorized agent of the company. There is no maximum page limit
u to section 5.
The undersigned bidder, having familiarized themselves with the work required by
the RFP, the bid documents, all laws, regulations, and other factors affecting
performance of the work, and having satisfied itself/himself/herself of the expense
and difficulties attending performance of the work; Hereby proposes and agrees,
if this bid for the above named project is accepted to enter into a contract to
perform all work necessary to the successful completion of the contract; and to
supply all required submittals as indicated or specified in the RFP and the bid
documents to be performed or furnished by bidder. The quantities Listed below
are estimates. The actual price will be the actual quantities multiplied by the
"fixed cost per unit" listed below plus any applicable hourly service requirements.
.I Please complete the "Fixed Cost Per Unit" column below and return with proposal.
(See Attached Schedule)
22 1 Rfr:P'7-✓1vE�'1
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-1�116,j
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Service
requirements
Estimated
Yearly
Quantity
Fixed Cost per unit
Total
Regular Oil change
<25minutes
120
PZ2
Synthetic oil change
< 25 minutes
40
# 5 7
42z` e
Synthetic oil change(Over 6QTS)
lu h
Transmission flushes
50
$n Oo
Coolant Flush
30
pp
Fuel Induction Service
40
4 qC3
I
Differential Service
-4pIo
02 Sensors
Timing Chain
e-� ,,�h„1� Y-X-�' s
Water Pump
a
Fan Belt
U
Tune Up(wires,plugs)
60
Fuel rail
15
2,,6
Airfilter
50
0
Iooa
Cabin Air Filter
4,3 p�
Mass air flow sensor
12
-1
Zq(.
Abs Module
IV,
12 # 223 —
Radiator Replacement
14
Tire Pressure Sensors
Mount/Balance/Install Tires
Alignment Wheel
Tire Rotation
v
Front Control Arm
5
- 435
1o�45t
Shocks and Struts
10
..-4 ' �,�,
� ►L t�
Battery Replacement
20
Ili @C1 +
Bulbs Headlight
25
72_
S Q
Bulbs taillights
50
3
Bulbs blinkers
50
ov
Windshield wipers
80
p
p
Brakes
50
70
Som
Rotors
—
10
-42 66
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Brake Fluid Flush
Ac Fan motor
10
Sp - U 50p
Ac Flush
10'(o
Alternator
-y,
10��
Belt Tensioner
k
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Coolant Fan
10 1o
100,000 mile service
3S
SpL _ - 2b
s
Emissions Testing
Grand Total
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TO:
FROM:
MILTON"
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: October 11, 2017
Steven Krokoff, City Manager (0
AGENDA ITEM: Approval of a Work Order Addendum to the Master Services
Agreement between the City of Milton and VC3, Inc.,
Providing for Lease of, and Maintenance to, Mobile Data
Terminals.
MEETING DATE: Monday, October 16, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: QI PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (.-)'YES () NO
CITY ATTORNEY REVIEW REQUIRED: (1YES () NO
APPROVAL BY CITY ATTORNEY: (,,IAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: ►b 110 Zvi7
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: David Frizzell, IT Manager
Date: Submitted on October 11, 2017 for the October 16, 2017 Regular
City Council Meeting
Agenda Item: Approval of a Work Order Addendum to the Master Services
Agreement between the City of Milton and VC3, Inc., Providing for
Lease of, and Maintenance to, Mobile Data Terminals.
_____________________________________________________________________________________
Project Description: This work order will provide for forty leased laptops over a 60-month
period through VC3. These laptops will replace the existing, out-of-warranty laptops
currently in use by Police and Fire. The new laptops will be fully supported and replaced
as necessary without additional cost during the lease period. There will be a one-time
fee of $750.00 and a monthly recurring cost of $1,981.32 for the term of the work order,
which will be drawn from the existing budget for VC3 services. Included in this cost are
dual-factor authentication devices, which are an improved security feature for Police.
Procurement Summary:
Purchasing method used: Contract Addendum
Account Number: 100-1535-523850127 $ 24,525.84 (FY18)
Account Number: 100-0000-1138099 $ 95,103.36 (FY19-FY22)
Requisition Total: $ 119,629.20
Vendor DBA: VC3, Inc.
Financial Review: Bernadette Harvill, October 11, 2017
Legal Review: Sam VanVolkenburgh, October 10, 2017
Attachment(s): 10-10-17 VC3 Work Order _Final.pdf
Alabama Georgia North Carolina South Carolina Tennessee
1301 Gervais Street, Suite 1800 | Columbia, SC 29201
800.787.1160
City of Milton
VC3 MDT as a Service Work Order
Work Order No.
VC3INC-1097-104469
under the Master Services Agreement, dated 11-04-2014.
October 10, 2017
1. OVERVIEW OF WORK ORD ER
This Work Order is part of, and incorporated into, the Master Services Agreement between City
of Milton, GA and VC3, INC. and is subject to the terms and conditions of the Agreement and any
definitions contained in the Agreement. If any provision of this Work Order conflicts with the
Agreement, the terms and conditions of the Agreement shall control unless this Work Order
specifically states that a particular term and condition of the Agreement is being amended for the
purposes of this Work Order
2. SUMMARY OF SCOPE OF SERVICES AND FEES
VC3 will provide the following services listed in Table A. The services shall include the following:
1) 7x24 monitoring of devices provided by this work order
2) 7x24x4 hour response to any critical alerts or outages associated with the devices
supported by this work order
3) Replacement of any failed devices provided by this agreement during the life of this
agreement
This Work Order shall begin and become effective on __________ (Effective Services Start Date)
and shall continue for 60 months unless terminated in accordance with the terms of the Master
Services Agreement.
The terms of this work order will automatically renew for an additional term of equivalent length
to the current active term unless notice of termination is provided to VC3 no fewer than 90
calendar days prior to expiration of the current active term. The provisions of this Section are all
subject to the annual termination and automatic renewal provisions set forth in Section 3 of the
Master Services Agreement.
This Work Order shall be governed in all respects by the laws of the United States of America and
the State of Georgia without regard to conflicts of law principles. All disputes arising under this
Work Order shall be brought in the state or federal courts located in Fulton County, Georgia, as
permitted by law. This is an amendment to the terms of the Master Services Agreement for
purposes of this Work Order.
The terms of this Work Order and the Master Services Agreement are public records and may be
disclosed as required by law. This is an amendment to the terms of the Master Services
Agreement for purposes of this Work Order.
VC3 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. VC3 certifies that to the best
of its knowledge no circumstances exist which will cause a conflict of interest in performing the
Work. VC3 and Customer 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. VC3 and Customer further
acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made
by or on behalf of a sub-consultant under a contract to the prime consultant or higher tier sub-
consultant, or any person associated therewith, as an inducement for the award of a subcontract
or order.
City of Milton, GA will be invoiced based on the number of units from Table A below.
Additional supported devices may be added at any time during the life of this contract at the
unit rates listed on the City’s existing VOA contract. VC3 shall provide to the City of Milton,
without any additional shipping charges, hardware units of the types and quantities listed in
Table A below. The City of Milton shall have use of the hardware during the life of this Work
Order, but VC3 shall retain title to the hardware and shall be entitled to retrieve the hardware
upon expiration or termination of this Work Order
Table A: Services and Fees
Description Units Unit Price Monthly Fee
Annual or
One-Time
Fee
Dell Latitude 14 Rugged 5414 MDT with Touch Screen*10 49.35$ 493.54$ $0
Dell Latitude 14 Rugged 5414 MDT without Touch Screen 30 48.09$ 1,442.78$
Duo seat 30 1.50$ 45.00$ -$
Duo FOB**30 25.00$ 750.00$
Total 1,981.32$ 750.00$
*Models with Touch Screen also include backlit keyboard
**Any user that does not have a City issued mobile device will be required to purchase a Duo
FOB.
All MDT’s include Accidental Damage Service from Dell and replacements due to damage will be
subject to the terms, conditions, and limitations of that agreement.
3. CUSTOMER RESPONSIBIL ITIES
The City of Milton, GA is responsible for the following as it pertains to the services provided as
part of this agreement:
1) Power infrastructure required to ensure that proper power is available for the devices
provided under this agreement
2) Insurance necessary to replace damaged devices provided under this agreement as may
occur due to destruction of any devices by City staff, acts of god or facilities related
issues such as water, electrical, fire, etc that may occur
3) All costs to replace any device damaged or destroyed due to customer negligence
4) This service does not include data backups of the local machines. VC3 can provide this
ability if needed
4. INVOICING
VC3 will invoice Customer per Table B. VC3 will invoice the one-time fee upon receipt of the
signed customer work order. VC3 will invoice the customer a pro-rated monthly fee based on any
partial month of service plus the first full month of service on the effective services start date. All
subsequent service months will be invoiced at the start of the month in which services are to be
rendered. If additional services are turned on during the course of a month, then fees associated
with those services will be included in the next customer invoice. Any taxes related to services
purchased or licensed pursuant to this Work Order shall be paid by customer or customer shall
present an exemption certificate acceptable to the taxing authorities. Applicable taxes and freight
charges shall be billed as a separate item on the invoice. Unit rates will increase 3% annually on
the anniversary of the Effective Services Start Date.
Table B
Milestone Billing Milestone Description / Date Invoice Amount
Hardware Cost Invoiced at the signing of Work Order $ 750.00
Monthly Fee (60 Month Term) Invoicing to begin at Effective Services Start
Date $ 1981.32
VC3, INC. City of Milton, GA
By: ___________________________ By: ___________________________
Name: ___________________________ Name: ___________________________
Title: ___________________________ Title: ___________________________
Date: ___________________________ Date: ___________________________
Attested
By: ___________________________
Name: ___________________________
Title: ___________________________
Date: ___________________________
Approved as to Form
By: ___________________________
Name: ___________________________
Title: ___________________________
Date: ___________________________
C
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
MILTON�t
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: October 5, 2017
Steven Krokoff, City Manager Q
Proclamation Recognizing Breast Cancer Awareness Month
Monday, October 16, 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 (-r'NO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: lot/6110'1
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us
2017 National Breast Cancer Awareness Month
WHEREAS, October is National Breast Cancer Awareness Month; and
WHEREAS, breast cancer is the second most common cancer among women, after
skin cancer; and
WHEREAS, one in eight women will be diagnosed with breast cancer at some point in
their life; and
WHEREAS, over 246,600 new cases of invasive breast cancer will be diagnosed in 2017
and about 40,000 women will die from the disease; and
WHEREAS, in 2017, there are more than 2.8 million women with a history of breast
cancer in the United States. This includes women currently being treated
and women who have finished treatment; and
WHEREAS, every woman is at risk for breast cancer even if she has no family history or
other risk factors of the disease; and
WHEREAS, the efforts of various organizations have made regular contributions to
spreading breast cancer awareness through outreach education and
screening programs, and, have empowered women with the life -saving
message of early detection and the importance of having annual
mammograms.
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby
dedicate and proclaim October as NATIONAL BREAST CANCER AWARENESS MONTH in the
City of Milton and call this observance to the attention of all of our citizens.
Given under my hand and seal of the City of Milton, Georgia on this 16th day of October,
2017.
______________________
Joe Lockwood, Mayor
Z
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
MILTO.Nft
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: October 5, 2017
Steven Krokoff, City Manager (2
Proclamation Recognizing Cambridge High School FFA
Organization
Monday, October 16, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (41APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (,yNO
CITY ATTORNEY REVIEW REQUIRED: () YES (-KNO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: f 0)1 e'11On
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us
0000
Cambridge High School FFA Organization
WHEREAS, FFA used to stand for Future Farmers of America and is an intracurricular student
organization for those interested in agriculture and leadership. The official
name of the organization is the National FFA Organization and is not limited to
students who want to be production farmers but also welcomes members who
aspire to careers as teachers, doctors, scientists, business owners and more; and
WHEREAS, This organization remains committed to the individual student, providing a path
to achievement in premier leadership, personal growth and career success
through agricultural education; and
WHEREAS, The National FFA Organization is a national youth organization of 629,367
student members as part of 7,757 local FFA chapters in all 50 states; and
WHEREAS, The Cambridge High School FFA Chapter was started in 2015. Over 130 FFA
members participate throughout the state in Career Development Events,
Leadership Workshops, and Conventions. Cambridge FFA members also
manage the school’s small animals through an animal mentoring program, host
doggy daycare for Cambridge Faculty, and foster cats through a local animal
rescue; and
WHEREAS, The Cambridge FFA Agricultural Communications Team won the State FFA
competition for the second year in a row. The competition was held on March
17-18, 2017 at the University of Georgia in Athens and under the direction of
their coach and advisor, Sarah Nerswick, they have now earned the right to
represent Georgia FFA at the National Contest in Indianapolis on October 25-28,
2017; and
WHEREAS, During the competition held in March, sophomores Cailey Doyle, Aalia Garrett
and juniors Brittany Breedlove and Hayley DeSandre competed in a four part
competition which included: two Associated Press Style Editing quizzes, a media
plan, individual practicums and a presentation. The students had to listen to a
20 minute long press conference and then create either a press release, opinion
paper, develop a website or a promotional video. These scores combined with
those from the other three parts helped them secure the ir win by a margin of 40
points; and
WHEREAS, Three teams from the Cambridge FFA Organization will be competing at the
National FFA Convention in October under the direction of Sarah Nerswick and
Ashley White, FFA Advisor. Brittany Breedlove, Hayley DeSandre, Cailey Doyle,
and Aalia Garrett will compete in Agricultural Communications Career
Development, Maddie Feely and Allie Maloney will compete in Premier
Chapter in Strengthening Agriculture, Meaghan Bybee and Allie Maloney will
compete in Models of Excellence, and Grace Fabio was selected to be a part
of the National FFA Chorus; and
WHEREAS, We are proud of the Cambridge High School FFA Organization and their
contributions to our community.
Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dictate and proclaim
Monday, October 16th as “Cambridge High School FFA Organization Appreciation Day” in the City of
Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 16th day of
October, 2017.
_________________________________
Joe Lockwood, Mayor
TO:
FROM:
M I LTO
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: October 5, 2017
Steven Krokoff, City Manager a
AGENDA ITEM: Consideration of the Issuance of a Limited Alcohol Beverage
License to Whitetail Bicycles, Inc., 770 Mid Broadwell Road,
Milton, Georgia 30004
MEETING DATE: Monday, October 16, 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 (NO
CITY ATTORNEY REVIEW REQUIRED: () YES (NO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: i of lc,l co
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: Bernadette Harvill, Finance Director
Date: Submitted on September 13, 2017, for the October 16, 2017 Regular
Council Meeting
Agenda Item: Consideration of the Issuance of a Limited Alcohol Beverage
License to Whitetail Bicycles, Inc., 770 Mid Broadwell Road, Milton,
Georgia 30004
_____________________________________________________________________________________________
Department Recommendation:
Approve the issuance of a Limited Tap alcohol beverage license for Whitetail Bicycles,
Inc. for limited consumption on premise.
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 request
to add Limited Tap options to their business.
Staff has processed the application and recommends issuance of the applicable
license for:
Business Name: Whitetail Bicycles, Inc.
Contact Name: Shaune Huysamen
Business Address: 770 Mid Broadwell Road, Milton, GA 30004
Type of License: Limited Consumption on Premise – Limited Tap
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
E41
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 5, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage
License to BobbyGs LLC., d/b/a BobbyGs Chicago Eatery,
12990 Highway 9 N., Suite 114, Milton, Georgia 30004
MEETING DATE: Monday, October 16, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (41A"PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (J YES (410
CITY ATTORNEY REVIEW REQUIRED: (J YES (.,r'NO
APPROVAL BY CITY ATTORNEY: (J APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: /I V/ 7017
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted on September 26, 2017, for the October 16, 2017 Regular
Council Meeting
Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to
BobbyGs LLC., d/b/a BobbyGs Chicago Eatery, 12990 Highway 9 N.,
Suite 114, Milton, Georgia 30004
_____________________________________________________________________________________________
Department Recommendation:
Approve the issuance of an alcohol beverage license for BobbyGs LLC., d/b/a BobbyGs
Chicago Eatery for consumption on premise of Wine, Malt Beverages and Distilled Spirits.
Executive Summary:
City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage
licenses to businesses that properly submit application for and meet all of the legal
requirements to hold such license. This application was submitted due to request to add
Distilled Spirits to their Alcohol License. BobbyGs Chicago Eatery currently holds an alcohol
beverage license for Wine and Malt Beverages. In addition, the location of BobbyGs
Chicago Eatery is moving from 12990 Highway 9 N., Suite 102 to 12990 Highway 9 N., Suite
114.
Staff has processed the application and recommends issuance of the applicable license
for:
Business Name: BobbyGs LLC., d/b/a BobbyGs Chicago Eatery
Contact Name: Robert M. Gray
Business Address: 12990 Highway 9 N., Suite 114, Milton, Georgia 30004
Type of License: Consumption on Premise – Wine, Malt Beverages and Distilled Spirits
Funding and Fiscal Impact:
There is a positive fiscal impact of license fees and/or monthly excise taxes.
Alternatives:
None.
Legal Review:
Not required.
Concurrent Review:
Steven Krokoff, City Manager
Kathleen Field, Director of Community Development
MILTON't
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: 9
tober 5, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage
License to Guitron Webb Road, LLC, d/b/a Blue River Tavern,
12990 Highway 9 N., Suite 102, Milton, Georgia 30004
MEETING DATE: Monday, October 16, 2017 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (ROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (�-40
CITY ATTORNEY REVIEW REQUIRED: () YES (-r 'NO
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: ) O ffc l ?a
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted on September 20, 2017, for the October 16, 2017 Regular
Council Meeting
Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to
Guitron Webb Road, LLC., d/b/a Blue River Tavern, 12990 Highway
9 N., Suite 102, Milton, Georgia 30004
_____________________________________________________________________________________________
Department Recommendation:
Approve the issuance of an alcohol beverage license for Guitron Webb Road, LLC.,
d/b/a Blue River Tavern for consumption on premise of Wine and Malt Beverages.
Executive Summary:
City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol
beverage licenses to businesses that properly submit application for and meet all of the
legal requirements to hold such license. This application was submitted due to opening
of a new establishment.
Staff has processed the application and recommends issuance of the applicable
license for:
Business Name: Guitron Webb Road, LLC., d/b/a Blue River Tavern
Contact Name: Yasmin Diaz
Business Address: 12990 Highway 9 N., Suite 102, Milton, Georgia 30004
Type of License: Consumption on Premise – 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
E41
ILTO
ESTABLISHED 2106
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 11, 2017
FROM: Steven Krokoff, City Manage
AGENDA ITEM: Consideration of a Resolution of the City of Milton, Georgia
Extending until January 9, 2018, an Existing Moratorium Barring
the Acceptance of Applications for Concept Plan Approval
and Applications for Issuance of Land Disturbance Permits for
Residential Development of Property in the T-6 Transect Zone
within the Deerfield Form Based Code District.
MEETING DATE: Monday, October 16, 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: (,,,VYES () NO
CITY ATTORNEY REVIEW REQUIRED: (411YES () NO
APPROVAL BY CITY ATTORNEY: (44PPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: I ° J/z, /2N
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us
0000
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. RESOLUTION NO.
1
A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING
UNTIL JANUARY 9, 2018, AN EXISTING MORATORIUM BARRING THE
ACCEPTANCE OF APPLICATIONS FOR CONCEPT PLAN APPROVAL AND
APPLICATIONS FOR ISSUANCE OF LAND DISTURBANCE PERMITS FOR
RESIDENTIAL DEVELOPMENT OF PROPERTY IN THE T-6 TRANSECT
ZONE WITHIN THE DEERFIELD FORM BASED CODE DISTRICT
WHEREAS, the Section 1.12(b)(26) of the Charter of the City of Milton, Georgia (“City”)
empowers the City to regulate development within the City limits through zoning; and
WHEREAS, Chapter 64 of the current Code of the City of Milton, Georgia (“zoning
ordinance”) divides property within the City into various districts, and regulates the use and
development of property based on the district to which the property is designated; and
WHEREAS, the City Council has asked the Community Development department to consider
changes to the development standards and requirements for the Deerfield Form Based Code
District (“Deerfield District”); and
WHEREAS, the City Council intends to consider amendments to the zoning ordinance with
respect to possible changes to the standards and requirements for the Deerfield District; and
WHEREAS, on September 11, 2017, the City Council adopted an emergency, temporary
moratorium barring until October 17, 2017, the acceptance of applications for issuance of land
disturbance permits for residential development of property located in the T-6 Transect Zone
within the Deerfield District (the “Deerfield T-6 Moratorium”); and
WHEREAS, the City Council conducted a properly noticed public hearing on October 16, 2017,
to consider the possible extension of the Deerfield T-6 Moratorium; and
WHEREAS, the City finds extending until January 9, 2018, the Deerfield T-6 moratorium
barring the acceptance of applications for concept plan approval and applications for issuance of
land disturbance permits for residential development of property located in the T-6 Transect
Zone within the Deerfield District, to be reasonably necessary, the least restrictive means
available, a reasonable exercise of the City’s police power, and in the best interests of the public
health, safety, and welfare;
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MILTON, GEORGIA that:
1. The City does hereby extend the existing Deerfield T-6 Moratorium to bar until
January 9, 2018, the acceptance of applications for concept plan approval and
applications for issuance of land disturbance permits for residential development
2
of property located in the T-6 Transect Zone within the Deerfield District, in order
to consider amendment of the zoning ordinance with respect to standards and
requirements for the Deerfield District.
2. The moratorium imposed by this Resolution shall terminate on the earliest date of
(1) January 9, 2018; (2) approval by the City Council of an additional moratorium
after a public hearing; or (3) the adoption of an amendment to the zoning
ordinance with respect to the standards and requirements for the Deerfield
District.
3. The moratorium imposed herein does not limit the ability to submit applications
for concept plan approval or for issuance of land disturbance permits for property
located outside of the T-6 Transect Zone in the Deerfield District or to property
located outside of the Deerfield District, or to development other than residential
development.
4. The moratorium imposed herein does not limit the ability of any property owner
to develop their land in accordance with previously submitted applications or
approvals.
This Resolution shall be effective upon a majority vote by the City Council as ratified by the
Mayor of the City of Milton, Georgia.
SO RESOLVED, the public’s health, safety, and welfare demanding it, this 16th day of October,
2017.
_____________________________
Joe Lockwood, Mayor
Attest:
______________________________ (SEAL)
Sudie Gordon, City Clerk
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 12, 2017
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution of the City of Milton Authorizing
a Pre-Application for a Land and Water Conservation Fund
Grant with the Department of Natural Resources.
MEETING DATE: Monday, October 16, 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 ( ) NO
CITY ATTORNEY REVIEW REQUIRED: ( ) YES ( ) NO
APPROVAL BY CITY ATTORNEY: ( ) APPROVED ( ) NOT APPROVED
PLACED ON AGENDA FOR:
To: Honorable Mayor and City Council Members
From: Jim Cregge, Parks and Recreation Director
Date: Submitted on October 12, 2017 for the October 16, 2017 Regular
City Council Meeting
Agenda Item: Consideration of a Resolution of the City of Milton Authorizing a Pre-
Application for a Land and Water Conservation Fund Grant with
the Department of Natural Resources
_____________________________________________________________________________________
Project Description: This request is to submit a grant pre-application for the construction
of a restroom facility at Providence Park. The grant is a 50/50 match of $100,000 of funds
to support the construction project. Currently, Providence Park only has a single
portable restroom on site.
Procurement Summary:
Purchasing method used: Other (See Comment Above)
Account Number: Capital Grant Account Number TBD upon Council Approval
Requisition Total: $100,000
Financial Review: Bernadette Harvill, October 12, 2017
Legal Review: Sam VanVolkenburgh, October 11, 2017
Attachment(s): Pre-application for a Land & Water Conservation Fund Grant with the
Department of Natural Resources
STATE OF GEORGIA RESOLUTION NO.
COUNTY OF FULTON
A RESOLUTION OF THE CITY OF MILTON AUTHORIZING
A PRE-APPLICATION FOR A LAND & WATER CONSERVATION FUND GRANT WITH THE
DEPARTMENT OF NATURAL RESOURCES
WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of a
municipality may adopt clearly reasonable ordinances, resolutions, and regulations; and
WHEREAS, the City of Milton has drafted a Pre-Application for a grant from the
federal Land & Water Conservation Fund, as administered by the Georgia Department
of Natural Resources, attached as Exhibit “A”; and
WHEREAS, the purpose of the Pre-Application is to obtain preliminary approval for
a grant supporting the creation of restroom facilities at Providence Park in the City of
Milton (the “Project”); and
WHEREAS, by approval and execution of this Resolution, the City of Milton assures
the Georgia Department of Natural Resources that the City has the ability and intention
to finance 50 percent of the estimated total Project cost and, in the event the City’s Pre-
Application is recommended for funding by the DNR, the City will move forward with due
diligence to prepare, or have prepared, appropriate documentation required for a
formal Land & Water Conservation Fund grant application; and,
WHEREAS, the City Council believes it is appropriate and in the best interest of the
City to authorize submission of the Pre-Application to the Georgia Department of Natural
Resources.
THEREFORE, IT IS HEREBY RESOLVED;
That the Mayor, or other City staff members as appropriate, are authorized and
directed to execute the Pre-Application and deliver it to the Georgia Department of
Natural Resources.
RESOLVED this 16th day of October, 2017.
_________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk Seal
Draft Draft Draft
Informative description of the project:
The City of Milton has a total of 9 parks and/or facilities. One of these parks is
Providence Park. Providence Park is a 42 acre property that includes hiking trails
and a lake. The park, closed in 2004 and re-opened by the City of Milton in 2016,
was owned by Fulton County since before the city’s formation in December
2006. Crews cleaned the park for 11 years, finishing in 2015, after testing turned
up contaminants in the ground water and soils.
The Georgia Environmental Protection Division now deems the clean-up
complete. Residents are now able to use the park.
At this time, the park has two portable restrooms that are dropped on site for the
trail users. There has been demand for the City of Mil ton to construct a
permanent restroom. The City of Milton is seeking grant funds to assist with the
construction of restroom facilities. The original construction of the park had a
well system, which is no longer operational. Total construction would include the
restroom facilities and getting sewer/water into the park.
Administrative Criteria
1.. Unresolved Issues (0pts)
Do you currently have an outstanding conversion? If yes, please do not proceed. Do you have a current unresolved
issue with the Recreational Trails Program? Are you on the federal debarred list?
The city of Milton does not have any unresolved issues or outstanding conversion
with LWCF or with the Recreational Trails Program. In addition, the City of Milton
is not on the federal debarred list.
2. LWCF inspection History (20pts)
Explain how your inspections for all past LWCF sites have been generally characterized?
Milton has no past LWCF sites. This is Milton’s first grant application to the LWCF.
3. Open Grants/Unfinished Projects (0pts)
Does your jurisdiction have any LWCF or Recreational Trails Program funded projects that are still open? If so, are
you expecting to complete the project on time? Explain any delays you have experience and how you are actively
working to overcome them.
Milton does not have any LWCF or Recreational Trails Program funded projects.
Draft Draft Draft
4. Georgia HDP Site Review (20pts)
Have you submitted an Environmental Review form and received per-approval from the Georgia Historic
Preservation Division (HDP) to begin development on your project site? Attach a copy of your approval letter.
The proposed project does not require that we submit an Environmental Review
form, therefore Milton has not submitted an Environmental Review form.
5. Adopted Land-Use Planning Efforts (6pts)
Explain the policies, zoning, or land use planning that specifically address recreation and conservation of natural
resources (such as comprehensive plans, recreation plans, greenspace plans, zoning, conservation subdivisions,
TDR, etc.)? Is this project identified in a recreation plan?
In order to receive points, you must include a copy of the plan’s cover page and highlighted relevant pages.
Comprehensive Plan – Vision statements, AG1 zoning preservation, gravel road
and 3 acre policy, 60 ft Rural Viewshed, 50 ft additional buffer beyond the
State’s 25 ft stream buffer.
TDR Program Brief
Conservation Plan
Parks and Rec Master Plan
Tree Management Plan
Existing Trails in Providence Park
Work so far on the Providence Master Plan
Bond Language
Impact Fee Structure
6. Economic Booster (5pts)
It is well documented that recreation is an economic driver. In general, does your community have current policies
in place that encourage local contract work and/or resourcing materials from local businesses? A copy must be
included in order to receive points.
City of Milton does not have a written policy that encourage local contract
work or resourcing materials from local businesses with in Milton because Milton
is primarily suburban and rural with 85% of the jurisdiction agriculturally zoned.
However, given the opportunity, we do prefer to award contract bids to local
businesses.
Draft Draft Draft
7. Self-Sufficiency (0pts)
Explain how you have utilized or expanded efforts to use entrepreneurial and/or innovative ways to provide
outdoor recreation services.
At Providence Park, when it was acquired, we did not have the budget to clear
and re-open trails. Through the local boys scout troops and a couple volunteer
days, we were able to create and re-open two trails at Providence Park. We’ve
used this innovative method of beautification to get other projects done
throughout the city at other parks.
8. Maintenance Plan (0pts)
Explain maintenance issues that you have experienced in the past (those raised by park staff or the general publi c).
How do you plan to resolve these moving forward? Describe how you would handle any budget shortages.
The majority of our maintenance issues are related to water/irrigation and
park/trail cleanup. Our “parks department” is contracted out to a local
landscape/public works company. During weather events such as storms, we
get a lot of trees that go down in our parks. Often times, these trees fall right
over our walking and hiking trails. Getting crews to these locations becomes
priority #1. Often times, the public notify us of these events before we know
about them. To resolve these issues, our contractor is now aware that keeping
the trails clear is important. We have implemented a daily morning trail check
routine to ensure the trails are clear.
9. Education (10pts)
Describe ways that you have educated local policy-makers, planners, practitioners, partners and/or the public to
the importance and value of parks and recreation sites.
Public education and engagement was a prominent component during the
Parks and Recreation Master plans.
There were public meetings for both master plans, Bell Park, Bond work, Georgia
Conservancy work.
10. Seeking Help with Challenges (10pts)
Explain how you have collaborated with partners like DCA, DHR, PRHSD, GRPA, etc. in an effort to gain assistance
in dealing with recreation-related challenges?
The city of Milton Parks and Recreation Department is a member of the GRPA. We
attend all district meetings and the annual conferences. We collaborate with our peer
cities when dealing with recreation related challenges. In addition, we have access to
Draft Draft Draft
message boards and forums where we gain further knowledge on new and upcoming
challenges in the Parks and Recreation field. The Fulton County agreements.
11. Conservation Partnership (10pts)
Explain how you have partnered with conservation-based organization or another jurisdiction where that
organization/jurisdiction is providing expertise, services, or financial support to preserve greenspace.
The city has partnered with several conservation-based organizations.
The Georgia Forest Commission and Georgia Urban Forest Council has provided
training and expertise to city staff. Milton was also the recipient of a $20,000
grant to create a Tree Management Plan and conduct a Tree Canopy Study.
Trust for Public Land provided expertise to the city for the creation of the Green
Space Bond ballet language and educate the public about the bond issue.
The GA Conservancy – expertise and services for the advisory committee to
prioritize greenspace acquisition.
National Wild Life Federation – program expertise assist homeowner for preserve
greenspace wildlife support.
GA EPD outreach program runs River’s alive and Adopt a Stream. Provide
expertise on keeping waterways clean and improving water quality.
EPA/EPD - Providence Park Clean up
Alpharetta Joint Park – Financial joint venture
12. Identifying Recreation Users (5pts)
Describe efforts that have been undertaken to identify segments of the population that are currently not using
your existing recreation facilities and programming. How have you worked to develop an assessment of your
community’s outdoor recreation needs? What new user groups have been identified through this process?
Through the help of a program provider, Milton Steelers, just this past year, we
have discovered a segment of the population that we had not served till now.
Milton Steelers came to us with the idea that they will be offering “free tackle
football” to Milton and Alpharetta residents. After discussion, we allowed them
to implement this new programming idea. Through this effort, we discovered
there was a piece of the community that could not afford to pay for tackle
football in the area. If that family had multiple children, it was that much harder
to afford to play. The football program grew by over 100% in one season, and all
Draft Draft Draft
the surrounding football youth football programs didn’t lose any players. This
proves that the free program didn’t “steal” from elsewhere. They recruited new
families that previously did not play.
In addition, the City of Milton is currently in the process of gathering data for a
comprehensive master plan for the Parks and Recreation Department. The
results of this master plan will expose additional segments of the population that
we are not hitting.
Development Projects
20. Type of Recreation (35pts)
Describe the types of recreational opportunities that this development project will provide.
Examples of active recreation: running/walking, biking, sports (ball fields), playgrounds. Examples of passive
recreational wildlife viewing, bird watching, picnicking. Example of support facilities: fencing, lighting, restrooms,
concessions.
Though the construction of a public restroom facility, the appeal to our citizens
to use Providence Park will increase. This will allow for more usage of the current
running/walking/hiking trails as well as fishing in the lake that is on the property.
21. Developing Parks near People (20pts)
Does your project involve a development within a park near where people work and live? Provide an aerial map.
Map
22. Developing Corridors (20pts)
Does your project involve the development of a trail system that would increase connectivity between recreational
facilities or improve access to residential areas and business? In order to receive points you must include a labeled
map showing the connectivity.
By providing restroom facilities at Providence Park, the existing trails within the
park can be utilized by more people including sectors of the population. The
Park with the restroom facilities can then function as a trail head to the wider
planned connected trail system.
Sidewalks to connect the surrounding neighborhood
23. Development for Specific User Groups (35pts)
How will your project extend opportunities to groups that currently lack sufficient outdoor recreation avenues?
How many user groups will be able to utilize this project?
Specific user groups example: shuffle board for seniors. Multiple user group example: walking tract and
playground.
This project will extend opportunities to all user groups with interest in walking,
hiking, running and being in the outdoors.
Draft Draft Draft
The addition of restroom (ADA) will allow groups of all abilities to use the park for
extended periods of time.
Walkers, Hikers, Explorers, Home School kids, Disk Golfers, Scouts
24. Development to Eliminate Barriers (10pts)
Describe any barriers that discourage the public from using your recreation facilities. How does the proposed
project address these issues? Example: crowned facilities, lack of programs, physical deterrents to those with
personal health and disability issues.
There are many potential users of the Park who are discouraged from using the part
because of the inadequate restroom facilities.
Currently, the park’s portable restrooms discourage our citizens from using and visiting
the park. Especially, our female population. This project will construct a cleaner, nicer
facility on the property.
25. Environmentally-Sensitive Design (11pts)
Explain how your proposed project design is responsive to the environment and user experience. A copy of your
project design must be included in order to earn points.
Partnership Development
30. Number of Financial Partners (15pts)
Provide a letter from each partner describing their commitment through volunteer hours, donation of cash or
materials, or professional services. A letter of support does not constitute a financial commitment and will not
suffice.
The city of Milton has many volunteers that help with environmental service
projects including the Young Mens’ Service League, National Charity League,
Boy Scouts, and the Rotary Club. Milton and Cambridge High School s also
provide support.
31. Types of Partners (15pts)
Detail the types of partners listed in Question #31 above. (Example: business, volunteer grou ps, local government,
etc.) Explain how these partner’s core mission supports outdoor recreation or resource conservation. Explain how
these partners have supported efforts to increase outdoor recreation or resource conservation in the past?
Draft Draft Draft
32. Alternative Funding Sources (20pts)
Describe the efforts you have made to secure alternative funding sources other than this LWCF grant (SPLOST,
business, industry, foundation grants, etc.)
Bond Fund
The Milton Impact Fee is set up to collect fees from new development to help pay
for the infrastructure impact and capacity needs caused by the new
development. Milton set up four funding categories: Fire Protection, Law
Enforcement, Road Improvement and Parks and Recreation. The dollar amount
allotted to each category is based on the infrastructure needs that were
projected for future populations based on the master plans and needs
assessments of each of the categories.
Category Fees Charged per New
Residential Unit
Parks $6,215.10
Fire $543.57
Police $94.86
Roads $678.36
Admin $225.96
Of these four categories, the Parks and Recreation category is allotted the Lion’s
share of the total fee. This reflects the extreme demand and desire for the projects
listed in the Parks and Recreation master plans.
Impact Fee Category
Allotment
Parks Fire Police Roads Admin
Draft Draft Draft
These projects include
Park Land acquisition,
Conservation Easements,
Land acquisition for Trails,
Recreations facilities, and
Multi-use trails system installation
Unlike most other jurisdictions’ impact fees, Milton’s Impact Fee ordinance is
structured to be a tremendous funding source for green space preservation and
land conservation.
In one year, we estimate collecting $1.8M for the Parks and Recreation category
alone.
TO:
FROM:
TO N
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: October 12, 2017
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Three Lease Agreements Related to the
Mayfield Road Property Acquisition between the City of
Milton and the City of Alpharetta for Future Park Space.
MEETING DATE: Monday, October 16, 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 () NO
CITY ATTORNEY REVIEW REQUIRED: () YES () NO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
info@cityofmiltonga.us I www.cityofmiltonga.us
I
E R
RESIDENTIAL LEASE ÀGREEMENT(1470 MayfieJ-d Road, Alpharetta, Georgia 30004)This Residentlal Lease Agreement (the "Lease") is made andentered into as of the Effective Date as hereinafter defi-ned, byand among the CITY OF ALPHARETTA, GEORGIA, and the CITY OFMILTON, GEORGIA (collectively referred to herein as "Purchaser"and/or "Landlord"), and JERRY J. ANDERSON and LINDA C. ANDERSON(referred to herein as "Sefl-er" and/or "Tenant")VüHEREAS, the City of Alpharetta ("Alpharetta") is a Georgiamunici-pa1 corporation;WHEREAS, the City of Milton ("Milton") is a Georgiamunicipal corporation;VûHEREAS, Alpharetta and Milton co-o\^/n certain reaf propertyfocated at I410 Mayfiel-d Road, Alpharetta, Georgia 30004, as moreparticularly described in Exhibits \\A// and "A-1" attached heretoand by this reference incorporated herein (the "Premises"),.VüHEREAS, Alpharetta and Mj_l_ton (the "Purchaser")acquired the Premises from Jerry J. Anderson andAnderson, husband and wife ("Seflers"), on(the "Sale Date") ,'}IHEREAS, prior to Selfer's conveyance of the Premises toPurchaser, the SelIer mai-nt.ained the Premises as its residenceproperty for many years;VIHEREAS, âs a condition of the conveyance of the Premises,Seller and Purchaser agreed that Sel-1er coul-d retain occupancy ofthe Premises as a Tenant and continue to use the Premlses as itsresidence property for a term not to exceed 365 days followingthe Sale Date; andVIHEREAS, the Purchaser and the SeI]-er desire to enter intothis Resldentiaf Lease Agreement (the "Lease") as Landlord andTenant respectively to formafize and memorialize the duties,obligations, understandings and agreements between them regardingthe Premises followlng the Sale Date.NOhI, THEREFORE, the Landlord and the Tenant herein do herebyagree as follows:j ointlyLlnda C., 20r'7Page 1of 1,1
}IÏTNESSETH].. PREMISES.Landlord does hereby rent and lease to Tenant that certaintract or parcel of real property l-ocated at I410 Mayfield Road,Alpharetta, Georgia (the "Premises"), and as more particularlydescribed on Exhíblts \\A// and "A-1".Tenant hereunder shal-l only haveenjoy the Premises during the Term andof Landford.thenorightestateto possessshalI passandout2. TERM.The initial term of this Lease (the "Term") shalI commenceon the Effective Date hereof and shal-1 expire 365 daysthereafter, unless sooner terminated as herein provided. If, âtthe conclusion of the Term, Tenant remains in possession of thePremises without the prior written approval of Landford, thenTenant will be a Holdover Tenant and such tenancy wlff be atsufferance.3. RENTTenant shal-l pay to Landlord base rentaf equal to One and No100 Dollars ($1.00) ("Base Rent") for each calendar month or anypartial calendar month during the Term. Base Rent shal1 bepayable in advance for the entire Term and shall be paid byTenant to Landlord on the date of execution of this Lease.If, at the conclusion of the Term, Tenant is a HoldoverTenant, the Base Rent shall- be $1,000 per month t or portionthereof , which shall- be due and payable to the Landl-ord on thefirst day of each month of the tenancy at sufferance.4. USEThe Premises shall be used by Tenantpurposes as currentlyany illegal purposes/governmental authority5. UTILITIES; TA)GS.The Premisesviolation ofsolely for residentiafshall not be used forany regulation of anyused.or inDuringrespons ibleTerm of thisand promptlyLease, Tenant shallpay directly to thetheforbe solelyappì-icablePage 2 of I1
utility provider, âs and when they become due and payable, al-lcosts and charges for all- utilities provided to or used in or atthe Premises. Tenant shaÌl not be responsible for any realestate ad vaforem taxes accruing on the Premises during the Term.6. REPAIRS TO THE PFEMISESTenant shal-l-, ât its oh¡n cost and expense, maintain al-l-porti-ons of the Premises, including but not limited toJ-andscaping and general grounds maintenance, in as good aconditlon as such property 1s in at the beginning of the Term.Notwithstanding anything to the contrary contained herein, TenantshaÌI not be required to undertake any capital improvements tothe Premises. Tenant shal-l- take good care of the Premises andpermit no waste, except norma.l- wear and tear with dueconsideration for the purpose for which the Premises is leased.7. LIENS.Tenant shafl keep the Premises free from afl liens or cfaimsof liens of contractors, subcontractors, mechanics, ormaterialmen for work done or materiafs furnished to the Premisesat the request of Tenant. Vrlhenever and so often as any such lienshal-l attach or cl-aims or notices thereof shaf f be filed againstthe Premises or any part thereof as a resuft of work done ormaterials furnished to the Premises at the request of Tenant,Tenant shall, within thirty (30) days after Tenant has notj-ce ofthe cfaim or notice of fien, cause it to be discharged of record,which discharge may be accompJ-ished by bond or deposit. Tenantshafl not have the authority to subject the interest or estate ofLandlord in the Premises to any fiens, rights to lien, or cfaimsof fien for services, materials, supplies, or equipment furnishedto Tenant, and all persons contracting with Tenant are herebycharged with notj-ce that they must look to Tenant and to Tenant'sinterest only to secure payment.8 . ASSIGNMENT A}ID SUBLETTING.Tenant shaÌI not (i) assign, convey, mortgage, pledge,encumber, or otherwj-se transfer (whether voluntarily, byoperatron of law, or otherwise) this Lease or any interest underit; or (ii) sublet the Premises or any part thereof; and anyattempt to consummate any of the foregoing shall be void.Page 3 of I1
9 . INSURjNiICE; INDEMNIFTCATION.(a) Tenant. During the term of this Lease, Tenant shalÌprocure and maj-ntain throughout the Term a policy or policies ofproperty casualty and general liability insurance, insuringTenant and Landl-ord as additional insured. In addition toproviding ì-nsurance, Tenant shalf al-so indemnif y and holdLandl-ord harmfess from any cl-aims or damages related to Tenant'suse and occupancy of the Premises. Tenant is soIely responsibleto protect its personaJ- property located and maintained on thePremises and Landlord shal-l- have no responsibility therefor.(b) Landlord. In addition to standard fire (to includedebris removal costs) and casuaJ-ty insurance, Landlord shallmaintain J-iability j-nsurance insuring Landlord against any anda1l- llabilj-ties for injury to or death of a person or persons andfor damage to property occasioned by or arising out of anyconstruction work being done on the Premises t or arising out ofthe condition, use or occupancy of the Premises, or in any rnayoccasioned by or arising out of the activities of Tenant or itsagents, empÌoyees or licensees j-n the Premises.10. DESTRUCTION OF PREMISES(a) Should the Premj-ses be damaged by fire or othercasualty, Landlord covenants and agrees, subject to theprovisions of this Section 10 and unfess this Lease is terminatedas provided herein below, to repair, replace, and restore thePremises, at lts sofe cost and expense, with reasonablepromptness and dispatch, âS nearly as practical to its value,architectural condition, and character as existed immediatelyprior to such damage or destructlon. Tenant shalt give Landlordprompt notice of any casualty damage to the Premises.(b) If a casualty occurs which, in Landlord's good faithjudgment, (i) renders the Premises unsuitable for feasibfe andeconomic use by Tenant, and (ii) cannot be fully repaired andrestored within one (1) month after the date of such casualty,Landlord shall have the right, ât its efection, to terminate thisLease by giving written notice to Tenant wlthin thirty (30) daysafter the date of such casualty.(c) If (i) a casualty occurs during the fast two (2) monthsof the Lease Term then either party may terminate this Lease. Aparty may exercise this terminatj-on right only by givlng writtennotlce to the other party within thirty (30¡ days after the dateof the casualty.Page 4 of 11
(d) fn the event Landford elects to terminate thls Lease asa result of a casualty to the Premises, Tenant shall assign toLandlord all rights whlch Tenant may have to any insuranceproceeds covering the Premises payabJ-e to Tenant on account ofsuch casualty. If there is no such terminatlon of this Lease, aflinsurance proceeds received on account of any such casualty shal-1be applied to pay for the cost of restoration. This provisionshal-f not apply to any insurance proceeds payable to Tenantcovering Tenant's personal- property that may be damaged by suchcasualty.11 . DEFAULT AI\¡D REMEDIES -(a)events of(b) InLandlord, inThe occurrence of any of the following shal-Ì constituteDefault (a "Default") by Tenant under this Lease:(i) Tenant's defaul-t in the observance or performance ofany provision of this Lease and Tenant's fail-ure tocure such default within thirty (30) days after writtendemand by Landlord that the default be cured; provi-ded,however, that if such defaul-t can be cured but cannot,using reasonabl-e efforts, be cured within such thirty(30¡ day period, such period shall be extended for anaddi-tional reasonabl-e period of time, so long as Tenantbegins to cure such default duri-ng such thirty (30¡ dayperiod and diligently and continuously pursues the cureof such default hereunder until completion within thetime reasonably required to cure such default.dt,the event of any Default as aforesaid by Tenant,additj-on to any and al-l- other rights or remedies itlaw or in equity, shal-f have the option of pursuingmay haveany oneor more of the foJ-lowing remedies(i) Landlord may terminate this Lease by giving notice oftermination , in which event this Lease shaÌl expireand terminate on the date specified 1n such notice oftermination, with the same force and effect as thoughthe date so specified were the date herein originallyfixed as the termination date of the Term of thisLease, and alf rights of Tenant under thj-s Lease and lnand to the Premises shall expire and terminate, andTenant shafl- remaln liable for all obliqations underthis Lease arising up to the date of such termination,and Tenant shall surrender the Premlses to Landlord onthe date specified in such notice; orPage 5 of I1
(ii) Landlord may enter upon the Premises and/or do whateverTenant is obligated to do under the terms of thisLease; and Tenant agrees to reimburse Landlord ondemand for any reasonable expenses including, withoutJ-imitation, reasonable attorneys' fees and costs, whichLandlord actually incurs in thus effecting compliancewith Tenant's obligations under this Lease.(c) Any Base Rent not paì-d within ten (10) days that sameis due shall bear j-nterest at a rate of interest equal to tenpercent (10%) per annum (the "Defaul-t Rate"), but in no event inexcess of the maximum lawful- rate, from the original due dateuntil paid-in-ful1.(d) Tenant shal-l- and hereby agrees to pay alI reasonablecosts and expenses j-ncurred by Landlord in enforcing any of thecovenants and agreements of this Lease, or as a resul-t of anaction brought by Landlord against Tenant for an unfawfuldetainer of the Premises, and a1l such reasonable costs, expensesand attorneys' f ees shal-l , íf paid by LandJ-ord, be paid by Tenantto Landford within thirty (30) days of Landford's written demandtherefor.L2. SURRENDER OE' POSSESSION.In the event that the Lease is terminated for any reason,including natural expiration of the Term, Tenant shall surrenderthe Premises to Landlord, broom cl-ean and in good condition andstate of repair, subject to reasonabfe wear and tear, casualty orcondemnation, except that Tenant may remove and retain all ofTenant's personalty and any items permltted to be removedpursuant to that certain Agreement for Sale of ReaIty betweenLandlord (as Purchaser) and Tenant (as Sel-l-er) . AII of theproperty removable shall be removed by Tenant on or before theexpirati-on of the Term and any damage to the Premises caused bysuch removal shal1 be repaired by Tenant at Tenant's sole costand expense (unless specifically waived in writing my Landlord),and all property not so removed within ten (10) days after theexpiration of the Term shall- be deemed abandoned by Tenant andmay be stored or disposed of by Landlord without written noticeto Tenant or any other party and without obJ-igation to accountfor same.Page 6 of I1
13. ENTIRE AGREEMENTThis Lease and the exhibits attached hereto set forth alfthe covenants, promlses/ agreements, conditions and undertakingsbetween Landlord and Tenant concerning the lettì-ng of thePremises and there are no covenants, promises, agreements,conditions or undertaklngs other than as herein set forth. Nosubsequent alteration, amendment, change or addition to thisLease shall be binding upon Landlord or Tenant unl-ess reduced towriting and signed by authorized representatives of each of them.L4. NOTTCES.Every notice, demand or request hereunder shall- be inwriting, and shall- be deemed to have been properJ-y given ifdel-ivered personally or by courier, with a signed receì-pt, byrecognized national- overnight deJ-ivery service, or if depositedwith the United States Postaf Service (or any official successorthereto) designated certified mail-, return receipt requested,bearing adequate postage and addressed as foffows:If to Landford:City of Alpharetta2 Park PlazaAlpharetta, Georgia 30009Attention: Robert J. Regus, City AdministratorAndSteven Krokoff, City ManagerCity of Milton2006 Heritage WalkMil-ton, Georgia 30004With copies to:Bovis, Kyle, Burch & Medlin,200 Ashford Center NorthSuite 500Atlanta, Georgia 30338-2668Attention: C. Sam Thomas, PLLCCPage '7 of I1And
Ken Jarrard, City AttorneyJarrard & Davis, LLP105 Pilgrim Village DriveSuite 200Cumming, Georgia 30040If to Tenant:Jerry J. and Linda C. AndersonI410 Mayfield RoadAlpharetta, Georgia 30004Any such notice shafl be deemed received by the party to whom itwas sent (i) in the case of personaJ- delivery, recognizednational overnight delivery service or courier delivery, oû thedate of dellvery to such party, (ii) in the case of certifiedmail, the date receipt is acknowfedged on the return receipt forsuch notice, and (iii) if delivery is rejected or refused or thecourier, overnight delivery service or U.S. Postal Service isunable to deliver same because of changed address of whlch nonotice \^/as given pursuant hereto, the first date of suchrejectì-on, refusaf or inability to deliver. AtÌ such noticesshall be addressed to Landl-ord or Tenant at their respectiveaddress set forth hereinabove or at such other address as eit.herparty shall have theretofore given to the other by notice asherein provided. The foregoing addresses may be changed bythirty (30) days prior written notice from tlme to time.15. SUCCESSORS At{D ASSIGNS.The covenants, conditions and agreements herein containedshall inure to the benefit of and be blnding upon Landlord, itssuccessors and assi-gns, and shall inure to the benefit of and beblndinq upon Tenant, j-ts heirs, executors, administrators,successors and assigns. Tenant shal-1 not assign its interestunder this Lease to another without the prior written approval ofLandlord.16. CAPTIONS; GOVERNING LAtÍThe captions of this Lease are for convenience only and inno way define, limit or describe the scope or intent of thisLease. The laws of the State of Georgia shall govern thevalidity, performance and enforcement of thls Lease.Page B of I1
T7 . SEVERJABILTTY.Landl-ord and Tenant intend and believe that each provisionin this Lease is in accordance with a1l- applicable Iocal, stateand f ederal laws and j udicial- dec j-sions . However , if anyprovision or provisions, or if any portion of any provision orprovisions, in this Lease is uJ-timately determined by a court oflaw to be in violation of any local-, state or federal ordinance,statute, lar^', administrative or judicial decision, or publicpolicy, and if such court shall- decl-are such portion, provisionor provlsions of this Lease to be i11ega1, invalid, unlawful,void or unenforceabl-e as writLen, then it is the intent of bothLandlord and Tenant that such portion, provision or provisionsshall be given force to the fuflest possibl-e extent that they arelega1, va1ld and enforceabJ-e, that the remainder of this Leaseshafl be construed as if such il-legal, invalid, unfawful, void orunenforceabl-e portion, provision or provisions were not containedherein, and the rlghts, obligatj-ons and interests of Landl-ord andTenant under the remainder of this Lease shall- continue in fu11force and effect; unless the amount of Rent or other chargespayable hereunder is thereby materially decreased, in which eventLandlord may terminate this Lease.18. ATTORNEYS' FEES.In the event of any dispute arlsing out of the subjectmatter of this Lease, the prevailing party shaÌf recover, inaddition to any other damages assessed, its reasonable attorneys'fees and other costs and expenses incurred in litigating orotherwise settling or resolving such dispute.19. BROKERJAGE DISCLOSURE.(a) Tenant warrants that no brokers, agents, or commissionsalespersons have represented Tenant in connection with itsexecution of this Lease. Tenant hereby indemnifies and agrees tohold Landlord and Landlord's agent harmfess from and against anyand all 1oss, cost, damage or expense, incurred by Landlord orLandlord's agent as a result of or in conjunction wlth a claim ofany real estate agent or broker, if made by, through or underTenant.(b) Landlord represents that no brokers, agents, orcommission salespersons have represented Landlord in connectionwith its execution of his Lease. Landl-ord hereby indemnifies andagrees to hold Tenant harmless from and agalnst any and all loss,cost, damage or expense incurred by Tenant as a resuft of or inPage 9 of I1
con j unction r¡/ith a claim of any real estate agent or broker , ífmade by, through or under Landlord.20. TIME IS OF THE ESSENCE.Time is of the essence with respect to the performance ofeach of the covenants and agreements of this Lease.2L. BUSINESS DAYSIf the time for performance of any act or occurrence of anyevent falls on a day which is not a business day, then the datefor such performance or occurrence shal-l- be postponed to the nextbusiness day. For purposes of this Lease, "business day" shallmean any day which ís not a Saturday or a Sunday or a day onwhich United States federaÌ courts are not open for business.22. QUIET ENJOYMENTSo long as Tenant sha1l observe and perform the covenantsand agreements b,inding on it hereunder, Tenant shall at all timesduring the Term peacefully and quletly have and enjoy possessionof the Premises.Notwithstanding the above, .with reasonable notice providedto Tenant in advance (at least 24 hours' notice), LandÌord shaffhave access to the Premises at reasonable times throughout theTerm to make inspections, surveys, assessments, or for any otherpurpose that does not impair or demean Tenant's use and occupancyof the Premises.23. EFFECTIVE DATE.This Lease sha1l become a binding contract when signed byboth Landlord and Tenant, the latter date of which shalf be the"Effectlve Date". This Lease may be executed in two or morecounterpart copies, all of which together constitute one and thesame instrument. Delívery of executed copies of this Lease byfacsimile or e-mail transmission to the other party hereto shallconstltute good and valid execution and delivery by the partleshereto for all purposes, with the same effect as if such partyhad received an original counterpart signed by the other party.24. MISCELLANEOUSPrior toTerm, Tenant,vacat ingas thethe Premisesf ormer o\,vnerprior to thethe property,end of theshall beandofPage 10 of 71
aÌlowed to remove any fixtures from the residence oroutbuifdings, provided, however, Tenant shall not remove anydoors or windows or other ltems that may cause a security j-ssue.Furthermore, Tenant shal-l- be al-lowed to remove two structures aswell- as that certa j-n f encing as i-dentif ied on the attached"Exhibit 8. " Tenant shall be all-owed to l_eave any items in thehome or outbuildings or other structures at the end of the Term,it being understood that such items shal-l- be considered abandonedand no further notice shalf be required from Landlord to Tenantregarding the subsequent disposition thereof.fN VüITNESS WHEREOF, t.he parties have herein set their handsand seal-s, effective as of the date first above written.LANDLORD:City of Alpharetta, Georgia,political subdivision of theof GeorgiaaStateBy:David Bel-le fsle, MayorExecution DateAPPROVED AS TO FORM:C. Sam Thomas, City AttorneyISIGNATURES CONTINUED ON FOLLOWING PAGES]Page 11 of L1
ISIGNATURES CONT]NUED FROM PRECEDING PAGE OFLEASE AGREEMENT BETWEEN CITY OF ALPHARETTA, GEORGIA,CITY OF MILTON, GEORGIA, AND JERRY J. ANDERSON ANDLINDA C. ANDERSON - I410 MAYFIELD ROADILANDLORDCity of Milton, Georgia, apolitical- subdivision of the Stateof GeorgiaBy:Joe Lockwood, MayorExecution Date:ATTEST:By:Sudie AM Gordon, City Cl-erkAPPROVED AS TO FORMKen Jarrard, Clty AttorneyISIGNATURES CONT]NUED ON FOLLOVüING PAGE]Page 12 of I1
ISIGNATURES CONTINUED FROM PRECEDING PAGES OFLEASE AGREEMENT BETVüEEN CITY OF ALPHARETTA, GEORGIA,CITY OF MILTON, GEORGIA, AND JERRY J. ANDERSON ANDLINDA C. ANDERSON I470 MAYFTELD ROADITENANT:Jerry J. AndersonExecution Date:Linda C. AndersonExecution Date:Page 13 of I1
Exhibit 1\A/'AIl that tract or parcel of land lying and being in Land LotsL058 and 1103, 2nd District, 2nd Secti-on, FuIton County,Georgia, also known as 1,470 Mayfield Road, City of Alpharetta,Georgia (tax parcel number 22 4480-1103-0306), and being morespecifically shown on the attached Bxhibj-t \\A-1'/, which is areduced copy of a pJ,at of survey prepared for Creighton & PatFull-er, Jerry & Linda Anderson, and Flora Lee Anderson Estate,dated 'July 2I, 20l-0 and revised December 5, 201,L, which surveyis on file in the office of the City of Alpharetta Director ofEngineering e Pub1ic gforks, L790 Hembree Road, Alpharetta,Georgia 30009. The property is identified thereon as Tract 1(highliqhted in yeIlow) and consisting of 5.393 acres.240't 40r
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H^VÊ zdiltôusñqTds Lm uss cdP^R$u loclrR¡ENT FULroil COrnfY 201{[G').(FULTON CorJNrY)60'25'50'(AUHARETTA)65' (OIHER STREETS)25'50'65'(OTHER STREETS)to'25'FñAT¡E'e(¡Pnil P(At 0FMAnì suE HÈcù¡Et'PO ttô¡.{6N,/f 'u ¡Y s/Êrolmt.I.llst'ãls-tN E0'45'57'wlvlA50'R/wCRAPI{ICPAV'TofiNtR ct 2 - flts PRæcRtv I s ¡ìNoco trtrc IHEcìtY oF Ar.P}lâ¡Êrf^ o{ ^PRt J' 2æô. As ^G('Æa Ndro ru H^E zoNrNoèi,lssFc Ìo+ts tao usEs cotpÆ ar¡ toclJßR€Nl futldr cqr{w zflÙtc1.22'SCÂLEilJlIIREF. ¡3ra. 806r, ¡7¡l¿ 9t018, 86127, 9612ô, 06150( Dr ¡!8" )I t¡c¡ - ¡00 lLBRUMBELOW-REESE & ASSOC., INCLAND SURVEYING SERVICESGEORGIA REGISIRAÏON NO. 20721J665 HIGHWAY 9ALPHARETTA, GEORCIA 30004-3616PHONE (770) 475-6817FAX (770)-569-4948EMAIL--BRASSINCOCOMCAST.N ET
Exhibit \\B//(See Attached Aerial Map of Premises)Page 16 of I1
PESTDENTIA]. LEASE AGREEMENT(1480 MayfieJ.d Road, Àlpharet,ta, Georg:ia 30004)This Residential Lease Agreement (the "Lease") is made andentered into as of the Effective Date as hereinafter defi-ned, byand among the CITY OF ALPHARETTA, GEORGIA, and the CITY OFMILTON, GEORGIA (collectively referred to herein as "Purchaser"and/or "LandJ-ord"), and JERRY JEFFERSON ANDERSON and MYRTIEPATRTcTA ANDERSON FULLER (referred to herein as "Seller" and/orttTenanttt)VùHEREAS, the City of Alpharetta ("A1pharetta") is a Georgiamunicipal- corporation;}IHEREAS, the City of Mifton ("Milton") is a Georgiamunicipal corporation;VùHEREAS, Alpharetta and Milton co-o\^/n certain real propertyl-ocated at 1480 Mayfield Road, Alpharetta, Georgia 30004, as moreparticular]y described in Exhibits \\A// and *A-1" attached heretoand by this reference incorporated herein (the "Premises") iWHEREAS, Alpharetta and Milton (theacquired the Premises from Jerry Jefferson"Purchaser") jointlyAnderson and Myrtie, 20L1 (the " Sal-ePatrrcia Anderson Ful-l-er onDate");}üHEREAS, prior to SeIler'sPurchaser, the Seller maintainedproperty for many years;conveyance of the Premises tothe Premises as 1ts residenceTÍHEF.EAS, âs a condition of the conveyance of the Premises,Sel1er and Purchaser agreed that Selfer could retain occupancy ofthe Premises as a Tenant and continue to use the Premises as itsresidence property for a term not to exceed 365 days followingthe Sale Date,' andWHEREAS, the Purchaser and the Sefl-er deslre to enter intothis Residential Lease Agreement (the "Lease") as Landlord andTenant respectively to formalize and memorial-ize the duties,obligatlons, understandings and agreements between them regardingthe Premises following the Safe Date.NOW, THEREFORE, the Landlord and the Tenant herein do herebyagree as folfows:Page 1of 1,1
}ÍÏTNESSETH1. PREMISESLandlord does hereby rent and fease to Tenant that certaintract or parcel of real property focated at 1480 Mayfield Road,Alpharetta, Georgia (the "Premises"), and as more particularlydescribed on Exhibits \\A// and "A-1".Tenant hereunder shall only have the right to possessen¡oy the Premj-ses during the Term and no estate shafl passof Landlord.andout2. TERMThe initial term of this Lease (the "Term") shal-I commenceon the Effective Date hereof and shall expire 365 daysthereafter, unless sooner terminated as herein provided. If, âtthe concl-usion of the Term, Tenant remalns in possession of thePremises without the prior wrltten approval of Landlord, thenTenant wil-1 be a Holdover Tenant and such tenancy will be atsufferance.3. RENTTenant shal-l pay to Landford base rentaf equal- to One and No100 Dol-lars ($1.00) ("Base Rent") for each calendar month or anypartial cafendar month during the Term. Base Rent shall bepayable in advance for the entire Term and shall be paid byTenant to Landlord on the date of execution of this Lease.If, at the conclusion of the Term, Tenant is a HofdoverTenant, the Base Rent shall be $1,000 per month, ot portionthereof, which shal-l- be due and payable to the Landford on thefirst day of each month of the tenancy at sufferance.4. usEThe Premises shall be used by Tenant solely for residentialpurposes as currently used. The Premises shal-f not be used forany ilÌegal purposes, or in violation of any regulation of anygovernmentaf authority.5. UTILTTIES; TA)GSDuringrespons ibleTerm of thisand promptlyLease, Tenant shallpay directly to thetheforbe solelyapplicablePage 2 of 71
utility provider, âs and \^/hen they become due and payabfe, al-fcosts and charges for all utilities provided to or used in or atthe Premises. Tenant shal-l not be responsible for any realestate ad valorem taxes accruing on the Premises during the Term.6. REPAIRS TO THE PREMISES.Tenant shalI, ãt its own cost and expense, maintain al-1portions of the Premises, including but not fimited tolandscaping and general grounds maintenance, in as good acondition as such property is in at the beginning of the Term.Notwithstanding anything to the contrary contalned herein, Tenantshafl not be required to undertake any capital improvements tothe Premises. Tenant sha1l take good care of the Premises andpermit no waste, except normal wear and tear with dueconsideration for the purpose for which the Premises is leased.7. LTENS.Tenant shall keep the Premises free from alf l1ens or cfaimsof liens of contractors, subcontractors, mechanics, ormaterlafmen for work done or materi-als furnished to the Premisesat the request of Tenant. Whenever and so often as any such lienshall attach or claims or notices thereof shall be filed againstthe Premises or any part thereof as a result of work done ormateriafs furnished to the Premi-ses at the request of Tenant,Tenant shalf, within thirty (30) days after Tenant has notice ofthe claim or notice of lien, cause it to be discharged of record,which discharge may be accompllshed by bond or deposit. Tenantshalf not have the authorlty to subject the interest or estate ofLandlord in the Premi-ses to any liens, rights to lien, or cl-aimsof lien for services, materials, supplles t or equipment furnlshedto Tenant, and aÌ1 persons contracting with Tenant are herebycharged with notice that they must fook to Tenant and to Tenant'sinterest only to secure payment.8. ASSTGNMENT A}ID SUBLETTING.Tenant shaff not (i) asslgn/ convey/ mortgage, pledge,encumber, or otherwise transfer (whether voluntarily, byoperation of law, or otherwise) this Lease or any interest underit; or (ii) sublet the Premises or any part thereof; and anyattempt to consummate any of the foregoing shall be void.Page 3 of I1
9. INSURANCE; TNDEMNIFICATION.(a) Tenant. During the term of this Lease, Tenant shaffprocure and maintain throughout the Term a policy or policies ofproperty casualty and generaÌ liability insurance, i-nsuringTenant and Landford as additional insured. In addition toproviding insurance, Tenant shafl also indemnify and holdLandÌord harmfess from any cl-aims or damages related to Tenant'suse and occupancy of the Premises. Tenant is solely responsibleto protect its personal property focated and maintained on thePremises and Landlord shal-l- have no responsibílity therefor.(b) Landlord, In addition to standard fire (to includedebris removal- costs) and casuaÌty insurance, Landlord shall-maintain Iiability insurance insuring Landlord agalnst any andall- liabilities for ínjury to or death of a person or persons andfor damage to property occasioned by or arising out of anyconstruction work being done on the Premises, or arislng out ofthe condj-tion, use or occupancy of the Premises, or in any wayoccasioned by or arlslng out of the activlties of Tenant or itsagents, employees or fj-censees in the Premises.10. DESTRUCTTON OF PREMISES(a) Should the Premises be damaged by flre or othercasualty, Landl-ord covenants and agrees, subject to theprovisions of this Section 10 and unless this Lease is terminatedas provided herein bel-ow, to repair, replace, and restore thePremises, ât its sole cost and expense, with reasonablepromptness and dispatch, âs nearly as practical to its value,archj-tecturaf condition, and character as existed lmmediatelyprior to such damage or destruction. Tenant shafl give Landl-ordprompt notice of any casualty damage to the Premises.(b) If a casuaJ-ty occurs which, in Landlord' s good f aithjudgment, (i) renders the Premises unsuitable for feasibÌe andeconomic use by Tenant, and (fi) cannot be fully repaired andrestored within one (1) month after the date of such casualty,Landlord shalf have the right, ât its election, to terminate thisLease by giving written notice to Tenant within thirty (30) daysafter the date of such casualty.(c) If (i) a casualty occurs during the last two (2) monthsof the Lease Term then either party may terminate this Lease. Aparty may exercise this termination right only by giving writtennotice to the other party within thirty (30) days after the dateof the casualty.Page 4 of 11
(d) fn the event Landlord elects to terminate this Lease asa resuft of a casualty to the Premises, Tenant shall- assign toLandl-ord aff rights which Tenant may have to any insuranceproceeds coverì-ng the Premises payable to Tenant on account ofsuch casualty. If there is no such termination of this Lease, allinsurance proceeds recej-ved on account of any such casualty shall-be applied to pay for the cost of restoration. This provisionshall not appfy to any insurance proceeds payabJ-e to Tenantcovering Tenant's personal- property that may be damaged by suchcasualty.11. DEFAULT AI{D REMEDTES.(a)events ofThe occurrence of anyDefault (a "Default")the followlng shall- constituteTenant under this Lease:ofby(i) Tenant's defaul-t in the observance or performance ofany provision of this Lease and Tenant's failure tocure such default within thirty (30) days after writtendemand by Landlord that the default be cured; provided,however, that if such default can be cured but cannot,using reasonabl-e efforts, be cured within such thirty(30) day period, such period shall be extended for anadditional reasonabl-e period of time, so long as Tenantbegins to cure such default during such thirty (30) dayperiod and dil-igently and continuously pursues the cureof such default hereunder until completion within thetime reasonably required to cure such defauft.(b) In the event of any Default as aforesaid by Tenant,Landlord, in addition to any and al-l other rights or remedies itmay have at l-aw or in equity, shafl have the option of pursuingany one or more of the following remedies:(i) Landl-ord may terminate this Lease by qiving notice oftermination , in which event this Lease shall expireand terminate on the date specified in such notice oftermination, with the same force and effect as thoughthe date so specified were the date herein originallyfixed as the termination date of the Term of thisLease, and all rights of Tenant under this Lease and inand to the Premises shall expire and terminate, andTenant shafl remain liable for all obligations underthj-s Lease arising up to the date of such termination,and Tenant shall surrender the Premi,ses to Landlord onthe date specified in such notice; orPage 5 of I1
(ii) Landlord may enter upon the Premises and/or do whateverTenant is obligated to do under the terms of thisLease; and Tenant agrees to reimburse Landlord ondemand for any reasonabfe expenses lncludi-ng, withoutl-imitation, reasonabl-e attorneyst fees and costs, whichLandf ord actual-J-y incurs in thus ef f ectlng compliancewith Tenant's obJ-igations under this Lease.(c) Any Base Rent not paid within ten (10) days that sameis due shall bear interest at a rate of interest equal- to tenpercent (10?) per annum (the "Defauft Rate"), but in no event inexcess of the maximum l-awful- rate, from the original due dateunt j-1 paid-in-ful1.(d) Tenant shal-1 and hereby agrees to pay al-1 reasonabl_ecosts and expenses incurred by Landlord in enforcing any of thecovenants and agreements of this Lease, or as a result of anact j-on brouqht by LandÌord against Tenant f or an unlawful_detainer of the Premises, and a1l such reasonable costs, expensesand attorneysr fees shal-l , if paid by Landlord, be paid by Tenantto Landlord within thirty (30) days of Landlord's written demandtherefor.L2. SURRENDER OF POSSESSTONIn the event that the Lease is terminated for any reason,including natural expiration of the Term, Tenant shaÌl surrenderthe Premises to Landl-ord, broom clean and in good condition andstate of repair, subject to reasonable \¡/ear and tear, casualty orcondemnation, except that Tenant may remove and retain alf ofTenantts personalty and any items permitted to be removedpursuant to that cert.ain Agreement for Sale of Realty betweenLandlord (as Purchaser) and Tenant (as Selfer) . All of theproperty removable shall be removed by Tenant on or before theexpiration of the Term and any damage to the Premises caused bysuch removal sharl be repaíred by Tenant at renant's sole costand expense (unl-ess specifically waived in writing my Landlord),and all property not so removed within ten (10) days after theexpiration of the Term shall be deemed abandoned by Tenant andmay be stored or disposed of by Landlord without written noticeto Tenant or any other party and without obligation to accountfor same.Page 6 of 71
13. ENTTRE AGREEMENTThls Lease and the exhibits attached hereto set forth allthe covenants, promises, agreements, conditions and undertakingsbetween Landlord and Tenant concerning the letting of thePremises and there are no covenants, promises, agreements,conditj-ons or undertakings other than as herein set forth. Nosubsequent alteratì-on, amendment, change or addition to thisLease shal-l- be blnding upon Landlord or Tenant unfess reduced towriting and signed by authorized representatives of each of them.L4. NOTICESEvery notice, demand or request hereunder shafl be inwriting, and shal1 be deemed to have been properly given ifdelÍvered personally or by courier, wi-th a signed receipt, byrecognized nationaf overnight delivery service, or if depositedwith the United States Postal Service (or any official successorthereto) designated certified mail, return receipt requested,bearing adequate postage and addressed as foffows:If to Landlord:City of Alpharetta2 Park PlazaAlpharetta, Georgia 30009Attentlon: Robert J. Regus, City AdministratorAndSteven Krokoff, City ManagerCity of Mifton2006 Heritage WalkMilton, Georgi-a 30004With copies to:Bovis, KyÌe, Burch & Medlin, LLC200 Ashford Center NorthSuite 500Atlanta, Georgia 30338-2668Attention: C. Sam Thomas, P.C.Page 1 of 11And
Ken Jarrard, Clty AttorneyJarrard & Davis, LLP105 Pilgrim V111age DriveSuite 200Cumming, Georgia 30040If to Tenant:Jerry Jefferson Anderson andMyrtie Patricia Anderson FulÌer1480 Mayfield RoadAlpharetta, Georgia 30004Any such not.ice shall be deemed received by the party to whom itwas sent (i) in the case of personal delivery, recognizednational overnight deJ-ivery service or courier delivery, oû thedate of delivery to such party, (ii) in the case of certifiedmaif, the date receipt is acknowl-edged on the return receipt forsuch notice, and (iii) if delivery is rejected or refused or thecourier, overnight delivery service or U.S. Postaf Service isunable to dellver same because of changed address of which nonotice was given pursuant hereto, the first date of suchre j ection, ref usal- or inabiJ-ity to deliver. Al_1 such noticesshall be addressed to Landl-ord or Tenant at their respectiveaddress set forth hereinabove or at such other address as eitherparty shall have theretofore given to the other by notice asherein provlded. The foregoì-ng addresses may be changed bythirty (30) days prior written notice from time to time.15. SUCCESSORS AND ASSIGNSThe covenants, conditions and agreements herein containedshafl inure to the benefit of and be binding upon Landlord, itssuccessors and assì-gns, and shalf inure to the benefit of and bebinding upon Tenant, its heirs/ executors, administrators,successors and assigns. Tenant shall not assi-gn its interestunder this Lease to another without the pri-or written approval ofLandlord.L6. CAPTIONS; GOVERNING LAIIThe captions of this Lease are for convenience only and inno way define, limit or describe the scope or intent of thisLease. The laws of the State of Georgia shall govern thevalidity, performance and enforcement of this Lease.Page B of f1
L7. SEVERJABILITYLandlord and Tenant intend and be.l-ieve that each provisionin this Lease is in accordance with al-l- applicable l-ocal-, stateand federal laws and judicial decislons. However, if anyprovision or provisions, or if any portion of any provision orprovisions, in this Lease is ultimately determj-ned by a court oflaw to be in viofation of any l-ocal, state or federal ordinance,statute, law, administrative or judicial- decision, or publicpolicy, and if such court shall- decfare such portion, provisionor provisions of this Lease to be illegal, invalid, unlawful-,void or unenforceable as written, then it is the intent of bothLandlord and Tenant that such portion, provision or provisionsshall be given force to the fullest possible extent that they arelegal, valid and enforceable, that the remainder of this Leaseshal-I be construed as if such iJ-leqal, invalid, unfawful, void orunenforceable portion, provision or provisions were not containedherein, and the rights, obligations and interests of Landlord andTenant under the remainder of this Lease shalf continue in fullforce and effect; unfess the amount of Rent or other chargespayable hereunder is thereby material-ly decreased, in which eventLandlord may terminate this Lease.18. ATTORNEYS' FEESIn the event of any dispute arising out of the subjectmatter of thls Lease, the prevailing party shafl recover, inaddltion to any other damages assessed, its reasonabfe attorneysrfees and other costs and expenses incurred in litigating orotherwise settling or resolving such dispute.19. BROKERAGE DISCLOSURE.(a) Tenant warrants that no brokers, agents, or commissionsalespersons have represented Tenant in connection wlth itsexecution of this Lease. Tenant hereby indemnifies and agrees tohold Landlord and Landlord's agent harmless from and against anyand all loss, cost, damage or expense, incurred by Landlord orLandlord's agent as a result of or in conjunction with a cfaim ofany real estate agent or broker, if made by, through or underTenant.(b) Landlord represents that no brokers, agents, orcommission salespersons have represented Landlord in connectionwith its execution of his Lease. Landlord hereby indemnlfies andagrees to hold Tenant harmless from and agaínst any and all loss,Page 9 of I1
cost, damage or expense incurred by Tenant as a resul-t of orconjunction with a cl-aim of any real estate agent or broker,made by, through or under Landlord.l-nif20. TIME IS OF THE ESSENCETime is of the essence with respect to the performance ofeach of the covenants and agreements of this Lease.21.. BUSINESS DAYS.If the time for performance of any act or occurrence of anyevent fafl-s on a day which is not a business day, then the datefor such performance or occurrence shall be postponed to the nextbusiness day. For purposes of this Lease, "business day" shaffmean any day which is not a Saturday or a Sunday or a day onwhich United States federal- courts are not open for business.22. QUIET ENJOYMENT.So long as Tenant shall observe and perform the covenantsand agreements binding on it hereunder, Tenant shall at all timesduring the Term peacefully and quietly have and enjoy possessionof the Premises.Notwithstandì-ng the above, with reasonabl-e notice providedto Tenant in advance (at feast 24 hours' notice), Landlord shallhave access to the Premises at reasonable times throughout theTerm to make inspections, surveys, âssessments, or for any otherpurpose that does not impair or demean Tenant's use and occupancyof the Premises -23. EFFECTI\ZE DATEThis Lease shaff become a binding contract when signed byboth Landlord and Tenant, the latter date of which shafl be the"Effective Date". This Lease may be executed in two or morecounterpart copies, aÌl of which together constitute one and thesame instrument. Delivery of executed copies of this Lease byfacsimile or e-mail transmission to the other party hereto shaffconstitute good and valid execution and delivery by the partieshereto for afl purposes, with the same effect as if such partyhad received an original counterpart signed by the other party.Page 10 of I1
24. MISCELI,AI{EOUS.Prior to vacating the Premises and prior to the end of theTerm, Tenant, âs the former o\^/ner of the property, shal-J_ beallowed to remove any fixtures from the residence oroutbulf dings, provJ-ded, however, Tenant shal-l- not remove anydoors or windows or other items that may cause a security issue.Furthermore, Tenant shal-l be allowed to remove two structures aswell as that certain fencing as identified on the attached"Exhibit 8." Tenant shall be al-lowed to leave any items in thehome or outbuildings or other structures at the end of the Term,it being understood that such items shal-l- be considered abandonedand no further notice shall be required from Landford to Tenantregarding the subsequent disposition thereof.IN WITNESS VüHEREOF, the parties have herein set their handsand seals, effective as of the date first above written.LANDLORD:City of Alpharetta, Georgia, apolitical- subdivision of the Stateof GeorgiaBy:David Belle f sl-e, MayorExecution Date:APPROVED AS TO FORM:C. Sam Thomas, City AttorneyISIGNATURES CONTINUED ON FOLLOWING PAGESIPage 11 of L1
ISIGNATURES CONTINUED FROM PRECEDING PAGE OFLEASE AGREEMENT BBTWEEN CITY OF ALPHARETTA, GEORGIA,CITY OF MILTON, GEORGIA, AND JERRY JEFFERSON ANDERSON ANDMYRTIE PATRICIA ANDERSON FULLER - 1480 MAYFTELD ROADILANDLORD:City of Milton, Georgia,political- subdivision ofof GeorgiaBy:Joe Lockwood, MayorExecution Date:ATTEST:By:Sudj-e AM Gordon, City ClerkAPPROVED AS TO FORMKen Jarrard, City AttorneyISIGNATURES CONTINUED ON FOLLOVúING PAGE]athe StatePage 12 of I1
ISTGNATURES CONTTNUED FROM PRECEDING PAGES OFLEASE AGREEMENT BETWEEN CITY OF ALPHARETTA, GEORGIA,CITY OF MILTON, GEORGIA, AND JERRY JEFFERSON ANDERSON ANDMYRTIE PATRICIA ANDBRSON FULLER - 14BO MAYFIELD ROAD]TENANT:Jerry Jefferson AndersonBxecution Date:Myrtie Patricia Anderson Ful-l-erExecution Date:Page 13 of I1
Exhibit r\4"Al1 t.hat tract or parcel of land lying and being in Land Lots1-058 and 1103, 2nd District, 2nd Section, Fulton County,Georgia, also known as 1480 MayfieJ-d Road, City of Al-pharetta,Georgia (tax parcel number 22 4480-1103-0827), and being morespecif ically shown on the attached Exhibit rrA- l/', which is areduced copy of a plat of survey prepared for Creighton & patFuller, Jerry & Linda Anderson, and Flora Lee Anderson Estate,dated JuIy 2I, 20L0 and revised December 5, 201-\, which surveyis on file in the office of the City of Alpharetta Director ofEnglneeríng & Public Works, 1-lgA Hembree Road, AJ-pharetta,Georgia 30009. The property is identified thereon as Tracts 2Aand 2B (hiqhfiqhted in yellow) and consísting of I.734 acres.2407 402
\\alIooIREVtSloilS:t2-05-20n, DtvtstoN oF rRAcT 2 FonSETITEMENÎ OF ESIA'ÍE.STJRIEY FORCREIGHTON ,. PÀT FUII-ÌIRJERRY & LINDÀ AI¡DERSONFIORA ].EE ANDERSON ESTATEDAIE:JULY 21,2O1DLOCATEO IN:LAND LoT(s):105E,110JDlSlRlCT: 2, SEGION: 2CITY OF: ALPHARETTACOUNTY OF:FULTONSTATE OF GEORGIAr¡6¡09ñ 0f s.Àf3.o.0.BRUMBELOW-REESE & ASSOC., INC.I.AND SURVEÍNG SERVICESGEORGIA RECIS'IRA'IìON NO. 207215685 HIGHWAY IALPHARETTA, GEORGIA 30004-3616PHONE (77O) 475-ı817FAX (770) 5ô9-4948IMAIT_ *ERASSINC(!COMCAST,NET^,K.4.LC.B,LB.LW.gÍc&cìCBqte.u.P,cno€,0tDTrcAEPFHNWI,P,F.t.P,s.tLLÊS.LLI-,Itt¡.F,El¡H¡ÀsLo/rPÀVIPBP.û8.tRn¡.LRCP.R/øR/asg.t.s,Sss.¿skrtf,itn-F--p--r--x--q--o-- BÀC¡( OF OJRO- ÊU¡LdNG $D^q SE- 8U¡L¡|No lr¡rE hl0Ì8. dR8 AND- c€t¡lEnLrñt- c^rcll 8^sli- cllonD- æßñUMæD MEÌI æE- CRì¡IP rcP PPE. ORÁ¡T{A6E EÁS€HENI- DROP tl,illl $illt cR^lE- ooustE sto cå- È0c€ 0F P^wïn¡Î- RßE 'IYOMNI- H€¡OW ri- RON PIiT FOUNO- noN Pril s€t (1,/2' R,/s)- ¡Jtc¡od æx- tÃtolÌì 0F cuR\€- Lotltsf tloof, El¡v 10{- PROÞERW UN€- RáD|US OF ctn\ÉñE^n 8ulturc r.NER€¡MORCEO CO¡ICRFIEPIP€- t¡¡0 Lol UNE- UGflI Pq¡- $ml¡uÍ tloo a€v 10r- M¡lüql- u€^Ìl st^ LwEL- oP(,{ toP trPÊ- P^VtItlÛ- POffin BOX-wüwal- WAIER MEEN- Y RO 0{r,-€r (Ptttst^L tnfl)- RtcHr oF raY- saE ôlxt"DÈIo UNE- g¡aÍr¡Y !¡füR- s^Àû nY s¿NÃn Eâsf,r¡tNT- sDff Fr¡ c¡- SIRÈ^II- Êf0@ LH¡ÌS- POIltN UNE- ìISE FA¡¡I IENCE WE- wooD ÊE{ct UNE- cfl^w UNX F€ÌtcÊ uN€'HARnrX6t0X FAIIS sÆ'P}IASE IYðPø 2o1t2Js 69Ð-t'59" E2fo.2J'@@RÆqf:NctcL€^6 P,/Ll:il| /2'É@Rt/Be@7+19.97-Inmr.Pt.t/¿'R/so.2J' E. s P^P'txEuplr0il pt r GHÁnY W 'rOIco¡¡€E'P.g. lS:{6N/É 'r¡lr.¡s F. {0tcoì18E &JACoUo| rN AIt{ H0LCO¡88'D.E. 2075J;287t - s+tt.¡z.-.---*I.P F.v2'Rr\o.il' Ê 0F P^'HlnnHofoN Flus sÆ'PilASE (lttP0 l$:Ale oF P/t7¿R/ÞE. oF ?¡1-t' olr-@--Î-@@t?t.fIAT NORR/E2.úPA@@_L!!_(1rÏı-..,IEACT.,JItrdfil's ıa.ÊD m ilE fsf^tE 0F ÉLoflLEE Àt¡otts$r to .{RRY ¡mRso¡l ^roEßsfrANo U'tltE PAtRtCtA ^rffiSot ruU¡R, 0^rE0|to\it¡¡*n t0, 2me, 0€80 €00t( at!its589IEACLIoir¡ c1Æ DE€o FRou fi€tcHlol Éuu-Ee r0cf,Èúltfofl RLIE & P me^ fullaR¡ 0^lf0uÁi0t t, 1896, oEEo Soot( 2076ù222oüÊR's 0u {RE FtNcEUEAHoERS fr & oFf P/r -@$6425 .TP.f.r/t R/aûr9'E. 0¡ P^t-R/lE. 0f P^@zc/r ilDGRÀPHIC SCALE22',PAV'T( rH rzEr )1 bch - 100 fLçNOTES:I. ]HIS PLAI T4AY NOT MEET IHEREQUREMENIS OF 1HE OTY OFALPHAREÌTA AND WAS NOT PREPAREOoo so.to2. 'IHIS PLAT WAS PREPAREDA, TO COMEINE VARIOUS DEEOEOPROPERTIES IO SHOì{ OWNERSHIPAND TO EQUALLY OIVIDEÌRACT 2FOR SEITLEMENI OF THE ESTAÌE,B: TO REFLECI lNrnoED ZOt'¡lNc AI.IHE ]ìME OF ANNEXATO'.I WHICHDOES NOT AGREE IIITH ì}IE OFFIOÀLZONING MAP OF IHE CITY OFAIPHARETTA. WIIICH IS BELIÊ\iED IOOE II{ ERROR.3. TOTAL AREÀ - 12.310 ACRES4. ZONTNC ISE€ ANNEX^ÎON,/ZON|NGRtrENENCESIR^CI I moNl R-15, ñãAR AcIRACÍ 2 Ac.IRACI 5 FRONT R-Is, REAR AG5,.MTNTMUM tqT_SZE _AG-'t 1.000 ACRESAC 5.000 ACRESR-rs 15,000 s.F.6. MINIMUM LOI WD]H(FuLToN ccniNn)(ALPHARETTA)FiA¡¡€RÆt-Itsçlill-tìØDf,.Ac-l l0o' (FULloN cot NfY)Ac 2oo'(AlfflAREfiA)R-ts 100'7. BUII..DINC SITBACI( REQUIREIJENISûrE RIID 0^l tÞoa{ li{cÍ l}ËtPrAt ls ¡^sED n^S ^ Cr.osr.¡ß¿PREqtoil 0F otE F00l rN¡,17,J¡8 ¡€Er ^liD ¡¡l rttclt¡RERRm $ -di: PER ^ttcl.C PotlrtANo rI S ro,JrJslED usNg !l€gOTPE FUErHrs Pr¡t H¡s 0€€N c&clJurEoFOi Cto$rnt ^10 rs Fdrro To BtACtüFltf $r¡}}{ oilE fool ll{-¡¡JjEr- ñrl&üPENI U3ID û gEASURTlIilñi:toPC¡ü ols-J¡rt -101e sÎ^nolrtlts (pnof EnrYxnEsoa¡c¡llìs xol)GIÌEO itDI¡ Il{E 't00 lÉÁ n80 ARt^PEn ofFlc1^l fLo(l[' üsrrRAlrcE R^tE r¡^Ps.ÞÀ¡¡tL ilû LrItCúit t^s nEustù JJNI 22, t99r¡o l.cs. ¡¡otr¡¡tltf tvÀs toJl{¡rm 5d f Pnæmfr-G¡Ð.€TETPNON PIAI OfUARY $f XofruÊ'F0 lt!:tox/f ì¡ iY stJEHotcû¡ËIlr¡ r' o/ror P^Nfr0.4..t¡ONÌERO'2:IIt$ 3:tOüPLAG-I ZONINGFRONfSIDEREARA6 Zoa,ltNGFROIITSID€REARR-I5 ZONINGFRONIsÐEREAR(FULroN couNû)80'25'50'(ALPHARETTA)6s'(olHER slREÉ'rS)25'65'(OÌHER SÌREEÎS)10'25'^l¿xEx^Î0N,/2ot$0 iÊFERE {cEs:nÆf I - tHE tìOflT FoRtþa{ W S ^XileX€O ¡NtOû€ qry 0f ÀtHÄ¡tTr 0a{ üfiu^iy 22, te73,^s n-1. w{¡}r IHE Zoail{o oRDNà|C€ W SREUSÐ ¡Xt R-t z(nt¡to o€gGRA¡Kx vt^3n¡il^m i-la I* RfÆ Pqne us ilf€xÐHm ûE CtW 0F Afl{Æfn^ qt âPR|L J, 200Ê,AS lG ('AR€A Irt}lEXEÞ S8rtt åAlE ZoNI{Cct¡ssrnc^tìox; t¡¡o us€s c{¡¡¡p^Rtgr¡ too/t9l]R^cÎ 2 - ¡ì{S propEnry çA3 ^!ü{fIEf} Nlo tHEdfY oF Áttfl^nÉÍ^ 0N ÀPnL J, 2m, AS ^0C^RE ^xN€r€o s¡t[L H w zqNcCl^ssRc^rìots wo usEs co¡p^R^ot¡ loqinnotT FuLloN ccl,Nly zoltNo').lîAcr J - lltÈ rRoill pnDn w 5 üllEIEo tNIoüE OIY * IUX^nÉTr 0t UARq te 197J, SR-r. tiEN tltË t0r{}t0 dnñc€ r s R€usfolHt i-t 20fnc o€lGN nfi ï s nEXAr¡ED R-t5.rüÊ î€ R Ponltoù{ ìyAs Àr$lxÊo tNIo tHE ow 0F1' oflI.EFI NJiN IÀPEN@@@arHÆETI^ Or ^PñL \ 20arr ^S r¡ ('¡nl^^NXEXÉD Sfllll HÀrtr ZÖ|aô Ê ¡€{Cìtgt!w0 6€s cePAR^8a¡ ro Cl,tiall ful(ltcoriNlY zo¡$c'),50J.jlIIRfF.roüi, 67Jt¿. 95018, 9012¿ 96128. 0ô150ìolsoo@Þé9I_¿98E92f,4,940 S.F.F€dCEEl-eÆilR/êØNooótir9"lþ.tårilÂItå¡IIRßCLEMSr{000 -FEXd5.J83 ACRES23,t,473 S.FfRÉts9IIiIIruoðzg'rìflifEOA+¡0' ,{fxmY
Exhibit \\B//(See Attached Aeriaf Map of Premises)Paqe 76 of 71
RESIDENTIAL LEASE AGREEMENT(1490 Mayfield Road, Alpharetta, Georgia 30004)This Residential Lease AgreemenL (the "Lease") is made andentered into as of the Effective Date as hereinafter defined, byand among the CITY OF ALPHARETTA, GEORGIA, and the CITY OFMILTON, GEORGIA (collectively referred to herej-n as "Purchaser"and/or "Landford" ) , and CREIGHTON FULLER and PATRICIA FULLER(referred to herein as "Seller" and/or "Tenant")WHEREÀS, the City of Alpharetta ("Alpharetta") is a Georgiamunicipal corporation,'WHEREAS, the City of Mil-ton ("Mi1ton" ) is a Georgiamunicipal corporation,'$IHEREAS, Alpharetta and Milton co-o\^/n certain real- propertylocated at 1490 Mayfield Road, Alpharetta, Georgia 30004, as moreparticularly described in Exhibits "4" and *A-1" attached heretoand by this reference incorporated herein (the "Premises") iWHEREAS,acquired theonAlpharetta and Mifton (the "Purchaser") jointlyPremises from Creighton Fuller and Patricia Fufler, 2011 (the "Safe Date");VüHEPEAS, prior to SeIler's conveyance of the Premises toPurchaser, the SeIler maintained the Premises as its residenceproperty for many years;VüHEREAS, âs a condition of the conveyance of the Premises,Se1ler and Purchaser agreed that Se1ler could retain occupancy ofthe Premises as a Tenant and continue to use the Premises as itsresidence property for a term not to exceed 365 days folÌowingthe Safe Date; andWHEREAS, the Purchaser and the Seller desire to enter intothis Residential Lease Agreement (the "Lease") as Landlord andTenant respectively to formalize and memorialize the duties,obligations, understandings and agreements between them regardingthe Premises following the Sale Date.NOhI, THEREFORE, the Landlord and the Tenant herej-n do herebyagree as follows:Page 1 of 11
}ilITNESSETH1. PREMISESLandl-ord does hereby rent and lease to Tenant that certaintract or parcel of real property located at 1490 Mayfield Road,Alpharetta, Georgia (the "Premises"), and as more particularlydescribed on Exhibits \\A// and "A-1".Tenant hereunder shall only haveenjoy the Premises during the Term andof Landlord.The Premises shall be used by Tenantthenorightestateandoutto possessshall- pass2. TERMThe initial- term of this Lease (the "Term" ) shal-f commenceon the Effective Date hereof and shall expire 365 daysthereafter, unl-ess sooner terminated as herein provided. If, âtthe conclusj-on of the Term, Tenant remains in possession of thePremises without the prior written approval of Landlord, thenTenant wilf be a Holdover Tenant and such tenancy will be atsufferance.3. RENTTenant shal-Ì pay to Landlord base rentaf equal to One and No100 Dollars ($1.00) ("Base Rent") for each cal-endar month or anypartial calendar month during the Term. Base Rent shalÌ bepayable in advance for the entire Term and shafl be paíd byTenant to Landlord on the date of execution of this Lease.If, at the conclusion of the Term, Tenant is a HoldoverTenant, the Base Rent shall be $1,000 per month, or portionthereof, which shall be due and payable to the Landlord on thefirst day of each month of the tenancy at sufferance.4. USE.purposes as currentlyany illegal purposes,governmental authority5. UTILITIES; TAXES.The Premisesviolation ofsolely for residentialshall not be used forany regulation of anyused.or inDuringrespons ibleTerm of thisand promptlyLease, Tenant sha11pay directly to thetheforbe solelyappl i cabl ePage 2 of I1
utility provider, âs and when they become due and payable, allcosts and charges for all utilities provided to or used ln or atthe Premises. Tenant shalf not be responsible for any realestate ad val-orem taxes accruing on the Premises during the Term.6. REPAIRS TO THE PREMISES.Tenant shal-l-, ât its own cost and expense, maintain al_l_portì-ons of the Premises, ì-ncludlng but noL limited tolandscaping and general- grounds maintenance, in as good acondition as such property is in at the beginning of the Term.Notwlthstanding anything to the contrary contained herein, Tenantshall not be required to undertake any capital improvements tothe Premises. Tenant shal-l take good care of the Premises andpermit no waste, except normal- wear and tear with dueconsideration for the purpose for which the Premj-ses is leased.7. LIENS.Tenant shall keep the Premises free from all flens or claimsof liens of contractors, subcontractors, mechanics, ormateri-almen for work done or materials furnished to the Premisesat the request of Tenant. Vrlhenever and so often as any such lienshal-l- attach or claims or notices thereof shalÌ be filed againstthe Premises or any part thereof as a resuft of work done ormaterials furnished to the Premises at the request of Tenant,Tenant shall, within thirty (30) days after Tenant has notice ofthe claim or notice of lien, cause it to be discharged of record,which discharge may be accomplished by bond or deposit. Tenantshall not have the authority to subject the interest or estate ofLandlord in the Premises to any liens, riqhts to fien, or claimsof fien for services, materials, suppÌies, or equipment furnishedto Tenant, and al-l- persons contracti-ng wlth Tenant are herebycharged with notice that they must look to Tenant and to Tenantrsinterest only to secure payment.8. ASSIGNMENT AI{D SUBLETTING.Tenant shall not ( i ) assign, convey, mortgage, pledge,encumber, or otherwise transfer (whether voluntarily, byoperation of law, or otherwise) this Lease or any interest underit; or (ii) subfet the Premises or any part thereof; and anyattempt to consummate any of the foregoing shall be void.Page 3 of 11
9 . INSUR.ANCE; INDEMNIFICATION.(a) Tenant. During the term of this Lease, Tenant shalÌprocure and maintain throughout the Term a policy or policies ofproperty casualty and generaJ- liabitity insurance, insuringTenant and Landl-ord as additional insured. In addition toproviding insurance, Tenant shall also indemnify and hol_dLandl-ord harmfess from any cfaims or damages related to Tenant'suse and occupancy of the Premises. Tenant is solely responsibleto protect its personal property located and maintained on thePremises and Landl-ord shalf have no responsibifity therefor.(b) Landford. In addition to standard fire (to includedebris removaf costs ) and casualty i-nsurance, Landl-ord shal-l-maintain liability insurance insuring LandÌord against any andall liabilitj-es for injury to or death of a person or persons andfor damage to property occasioned by or arising out of anyconstruction work being done on the Premises, or arlsing out ofthe condition, use or occupancy of the Premises, or in any \^/ayoccasioned by or arising out of the activities of Tenant or itsagents, employees or l-icensees 1n the Premises.10. DESTRUCTION OF PREMISES.(a) Shoufd the Premises be damaged by fire or othercasualty, Landlord covenants and agrees, sublect to theprovisions of this Section 10 and unfess this Lease is terminatedas provided herein below, to repair, replace, and restore thePremises, ât lts sol-e cost and expense, with reasonableprompt.ness and dispatch, âS nearly as practical to its value,architecturaf condition, and character as existed immediateJ-yprior to such damage or destruction. Tenant shall give Landlordprompt notice of any casualty damage to the Premises.(b) If a casualty occurs which, in Landlord's good faithjudgment, (i) renders the Premises unsuitable for feaslbfe andeconomic use by Tenant, and (ii) cannot be fully repaired andrestored within one (1) month after the date of such casualty,Landlord shal1 have the rì-ght, ât its election, to termlnate thisLease by giving written notice to Tenant within thirty (30) daysafter the date of such casualty.(c) If (i) a casual-ty occurs during the last two (2) monthsof the Lease Term then either party may Lerminate this Lease. Aparty may exercise this termination right only by giving writtennotice to the other party within thirty (30) days after the dateof the casualty.Page 4 of I1
(d) In the event Landl-ord elects to terminate this Lease asa result of a casualty to the Premises, Tenant shalÌ assign toLandlord all rights which Tenant may have to any insuranceproceeds covering the Premises payable to Tenant on account ofsuch casualty. If there is no such termination of this Lease, al-l-insurance proceeds received on account of any such casualty shal-fbe applied to pay for the cost of restoration. This provisionshall- not apply to any insurance proceeds payable to Tenantcovering Tenant's personal property that may be damaged by suchcasualty.11. DEFAULT AI{D REMEDIES.(a)events ofThe occurrence of anyDefault (a "Default")the followlng shal-l constituteTenant under this Lease:ofby(i) Tenant's default in the observance or performance ofany provision of this Lease and Tenant's failure tocure such default within thirty (30) days after writtendemand by Landlord that the default be cured; provided,however, that if such default can be cured but cannot,using reasonabfe efforts, be cured within such thirty(30) day period, such period shal-Ì be extended for anadditional- reasonabfe period of time, so long as Tenantbegins to cure such default during such thirty (30) dayperiod and diligently and continuously pursues the cureof such default hereunder untlÌ completion within thetime reasonably required to cure such default.(b)LandIord,may haveany one(i)In the event of any Default as aforesaid by Tenant,in addition to any and all other rights or remedies itat 1aw or in equity, shall have the option of pursuingor more of the following remedies:Landlord may terminate this Lease by giving notice oftermination , in which event this Lease shall expireand terminate on the date specified in such notice oftermination, with the same force and effect as thoughthe date so specifled were the date herein originallyfixed as the terminatlon date of the Term of thisLease, and all rights of Tenant under thls Lease and inand to the Premises shall expire and terminate, andTenant shafl remain liable for all obligations underthis Lease arising up to the date of such termination,and Tenant shall surrender the Premises to Landlord onthe date specified in such notice; orPage 5 of \1
(ii) Landlord may enter upon the Premises and/or do whateverTenant is obligated to do under the terms of thisLease; and Tenant agrees to reimburse Landl-ord ondemand for any reasonabfe expenses including, withoutlimitation, reasonabfe attorneys' fees and costs, whichLandl-ord actually incurs in thus effecting compliancewith Tenant's obllgations under this Lease.(c) Any Base Rent. not paid within ten (10) days that sameis due shal-l- bear interest at a rate of interest equal to tenpercent (10å) per annum (the "Defauft Rate"), but in no event inexcess of the maximum l-awful rate, from the original due dateuntil- paid-in-fuÌl-.(d) Tenant shafl and hereby agrees to pay afl reasonablecosts and expenses incurred by Landlord in enforcing any of thecovenants and agreements of this Lease, or as a result of anaction brought by Landlord against Tenant for an unlawful-detainer of the Premises, and all such reasonable costs, expensesand attorneyst fees shall- , if paid by Landlord, be paid by Tenantto Landl-ord within thirty (30) days of Landlord's written demandtherefor.1"2. SURRENDER OF POSSESSION.In the event that the Lease is terminated for any reason,including natural- expiration of the Term, Tenant shall surrenderthe Premises to Landlord, broom clean and j-n good condition andstate of repair, subject to reasonabfe wear and tear, casual-ty orcondemnatlon, except that Tenant may remove and retain afl ofTenant's personalty and any items permitted to be removedpursuant to that certain Agreement for Sale of Realty betweenLandlord (as Purchaser) and Tenant (as Seller) . All of theproperty removabl-e shafl be removed by Tenant on or before theexpiration of the Term and any damage to the Premises caused bysuch removal shall- be repaired by Tenant at Tenant's sole costand expense (unless specifically waived 1n writing my Landl-ord),and alÌ property not so removed within ten (10) days after theexpiratlon of the Term shafl be deemed abandoned by Tenant andmay be stored or disposed of by Landlord without written noticeto Tenant or any other party and without obligation to accountfor same.Page 6 of I1
13. ENTIRE AGREEMENT.This Lease and the exhlblts attached hereto set forth al-1the covenants, promises, agreements, conditi-ons and undertakingsbetween Landlord and Tenant concerning the letting of thePremises and there are no covenants, promises, agreements,conditions or undertakings other than as herein set forth. Nosubsequent alteration, amendment, change or addition to thisLease sha]l- be binding upon Landl-ord or Tenant unless reduced towritlng and slgned by authorized representatives of each of them.L4. NOTICES.Every notice, demand or request hereunder shalf be inwriting, and shall be deemed to have been properly given ifdelivered personally or by courier, with a signed receipt, byrecognized national overnight delivery service, or if depositedwith the United States Postal Service (or any officiaf successorthereto) designated certified mai1, return receipt requested,bearing adequate postage and addressed as follows:Tf to Landford:City of Alpharetta2 Park PlazaAlpharetta, Georgia 30009Attention: Robert J. Regus, City AdministratorAndSteven Krokoff, City ManagerCity of Mifton2006 Heri-tage Wal-kMiÌton, Georgia 30004hlith copies to:Bovis, Kyle, Burch & Medlin,200 Ashford Center NorthSuite 500Atlanta, Georgia 30338-2668Attention: C. Sam Thomas, PLLCCPage 'l of 11And
Ken Jarrard, City AttorneyJarrard & Davj-s, LLP105 Pilgrim Village DriveSuite 200Cumming, Georgia 30040If to TenantCreighton Ful-ler andPatricia Fuller1490 Mayfield RoadAlpharetta, Georgia 30004Any such notice shal-l be deemed received by the party to whom itwas sent (i) in the case of personal delivery, recognizednatlonal overnight delivery service or courier delivery, on thedate of deJ-ivery to such party, (ii) in the case of certifiedmaif, the date receipt is acknowledged on the return receipt forsuch notice, and (iii) if delivery is re¡ected or refused or thecourier, overnight delivery service or U.S. Postal Service isunabl-e to defiver same because of changed address of which nonotice was gj-ven pursuant hereto, the first date of suchrejection, refusal or inability to deliver. All such noti-cesshall be addressed to Landlord or Tenant at their respectiveaddress set forth hereinabove or at such other address as eitherparty shall- have theretofore given to the other by notice asherein provided. The foregoing addresses may be changed bythirty (30) days prior written notice from time to time.15. SUCCESSORS AND ASSTGNS.The covenants, conditions and agreements herein containedshall inure to the benefit of and be binding upon Landlord, itssuccessors and assigns, and shafl lnure to the benefit of and bebinding upon Tenant, its heirs, executors, administrators,successors and assigns. Tenant shal-l- not assi-gn its interestunder this Lease to another without the prior written approval ofLandlord.16. CAPTIONS; GOVERNING LAIIThe captions of this Lease are for convenience only and inno way define, limit or describe the scope or intent of thisLease. The laws of the State of Georgia shal-l govern thevalidity, performance and enforcement of t-his Lease.Page B of 71
L7 . SE\ZER;ABILITY.Landlord and Tenant intend and believe that each provisionin this Lease is in accordance with alf appllcable local-, stateand federal laws and judicial decisions. However , if anyprovision or provisions, or if any portion of any provision orprovisions, in this Lease is ultimately determined by a court oflaw to be in viol-ation of any l-ocal, state or federaf ordinance,statute, ì-aw, adminlstrative or judicial decisj-on, or publicpolicy, and if such court shal-l- declare such portion, provisionor provisions of this Lease to be illega1, invalid, unlawful,vold or unenforceabl-e as written, then it is the intent of bothLandlord and Tenant that such portion, provision or provisi-onsshall be given force to the fuflest possible extent that they are1egal, valid and enforceable, that the remainder of this Leasesha1l be construed as if such 1llega1, invalid, unlawfuf, void orunenforceable portion, provisi-on or provisions were not containedherein, and the rights, obJ-igati-ons and interests of Landlord andTenant under the remai-nder of this Lease shal1 continue in ful1force and effect; unl-ess the amount of Rent or other chargespayable hereunder is thereby materially decreased, in which eventLandlord may terminate this Lease.18. ATTORNEYS' FEES.In the event of any dispute arising out of the subjectmatter of this Lease, the prevailing party shall recover, inaddition to any other damages assessed, 1ts reasonable attorneysrfees and other costs and expenses incurred in litigatíng orotherwise settling or resoJ-vi-ng such dispute.19. BROKERJAGE DISCLOSURE.(a) Tenant warrants that no brokers, agents, or commlssionsalespersons have represented Tenant in connection with itsexecution of this Lease. Tenant hereby indemnlfies and agrees tohold Landlord and Landlord's agent harmless from and against anyand all foss, cost, damage or expense, incurred by Landlord orLandlord's agent as a result of or in conjunction with a claim ofany real estate agent or broker, if made by, through or underTenant.(b) Landlord represents that no brokers, agents, orcommission salespersons have represented Landlord in connectionwith its execution of his Lease. Landlord hereby indemnifies andagrees to hol-d Tenant harmless from and aqainst any and all loss,Page 9 of I1
cost, damage or expense incurred by Tenant as a resuft of orconjunction with a claim of any reaf estate agent or broker,made by, through or under Landlord.l_nif20. TIME IS OF THE ESSENCE.Time is of the essence with respect to the performance ofeach of the covenants and agreements of this Lease.2t. BUSTNESS DAYSIf the time for performance of any act or occurrence of anyevent fa1ls on a day which is not a business day, then the datefor such performance or occurrence shalf be postponed to the nextbusiness day. For purposes of this Lease, "business day" shall-mean any day whlch is not a Saturday or a Sunday or a day onwhich United States federal courts are not open for business.22 . QUIET ENJOYìÍENT.So long as Tenant shafl observe and perform the covenantsand agreements binding on it hereunder, Tenant shall at al-l- timesduring the Term peacefully and quietly have and enjoy possessionof the Premises.Notwithstanding the above, with reasonable notice providedto Tenant in advance (at l-east 24 hours' notice), Landlord shallhave access to the Premises at reasonabfe times throughout theTerm to make inspections, surveys, âssessments, or for any otherpurpose that does not i-mpair or demean Tenant's use and occupancyof the Premises.23. EFFECTIVE DATEThis Lease shall- become a binding contract when signed byboth Landlord and Tenant, the latter date of which shall be the"Effective Date". This Lease may be executed in two or morecounterpart copies, all of which together constitute one and thesame instrument. Delivery of executed copies of this Lease byfacsimiÌe or e-mail- transmj-ssion to the other party hereto shal-1constitute good and valid execution and delivery by the partieshereto for aff purposes, with the same effect as if such partyhad received an original counterpart signed by the other party.Page 10 of L1
24. MTSCELLAI{EOUS.Prior to vacating the Premises and prior to the end of theTerm, Tenant, âS the former owner of the property, shal-l beallowed to remove any fixtures from the residence oroutbuildings, provided, however, Tenant shall not remove anydoors or wj-ndows or other items that may cause a security issue.Furthermore, Tenant shall be al-Iowed to remove two structures aswell as that certaj-n fencing as identified on the attached"Exhibit 8." Tenant shal-l be al-lowed to l-eave any items in thehome or outbuildings or other structures at the end of the Term,it being understood that such items shal-1 be consldered abandonedand no further notice shall be required from Landlord to Tenantregardì-ng the subsequent disposition thereof.fN WITNESS VüHEREOF, the parties have herein set their handsand seal-s, effective as of the date first above written.LANDLORD:City of Alpharetta, Georgia,political subdivision of theof GeorgiaaStateBy:David Befle Isl-e, MayorExecution Date:APPROVED AS TO FORM:C. Sam Thomas, City AttorneyISIGNATURES CONTINUED ON FOLLOVüING PAGES]Page 11 of I1
ISIGNATURES CONTTNUED FROM PRECEDING PAGE OFLEASE AGREEMENT BETWEBN CITY OF ALPHARETTA, GEORGIA,CITY OF MILTON, GEORGIA, AND CREIGHTON FULLER ANDPATRTCTA FULLER - 1490 MAYFTELD ROADILANDLORD:City of MiJ-ton, Georgia, apolitì-cal subdivision of the Stateof GeorgiaBy:Joe Lockwood, MayorExecution Date:ATTEST:BySudie AM Gordon, City ClerkAPPROVED AS TO FORM:Ken Jarrard, City AttorneyISIGNATURES CONTINUED ON FOLLOWING PAGE]Page 12 of I1
ISIGNATURBS CONTINUED FROM PRBCEDING PAGES OFLEASE AGREEMENT BBTWEEN CITY OF ALPHARETTA, GEORGIA,CITY OF M]LTON, GEORGIA, AND CREIGHTON FULLER ANDPATRTCTA FULLER - 1490 MAYFTELD ROADITENANT:Creighton Ful-lerExecution DatePatricia Ful-lerExecution Date:Page 13 of I1
Exhibit \\A'lAII that tract or parcel of land l-ying and being in Land Lots1058 and 1L03, 2nd District, 2nd Section, Fulton County,Georgia, also known as 1490 Mayfield Road, City of Alpharetta,Georgia (tax parcel number 22 4480-1103-0819), and being morespecifically shown on the attached Exhibit \\A-1", which is areduced copy of a plat of survey prepared for Creighton & patFuller, Jerry c Linda Anderson, and Flora Lee Anderson Estate,dated July 2!, 201,0 and revised December 5, 20IL, which surveyis on file in the office of the City of Alpharetta Dlrector ofEngineering & Public Works, I'190 Hembree Road, Alpharetta,Georgia 30009. The property is identified thereon as Tract 3(hiqhliqhted j-n yeJ-low) and consisting of 5.383 acres.2407 409
JERRY & UNDA A}IDERSONFI.ORA l.EE AI{DERSON ESTATEDATE:JULY 21. 2Ol0SURVEY FOR& PAT FUTLERs.c9.LE.LìT,8Wc&cc9cftc,¡¡,Pcño.e8t0vtc8EPFHHttI,PF-r,P.sGLLÊE.LLLtPx.Êgt¡ltu.sLo/fPBP.OÐ.thR.8.LR.C.P.R¡BsÐ.Lstss€.ruillttr-F--T--X--o--r- aolrcx F TALL (CßCUNO)- qJRs ÀNO CUTIER- c€tflEnutE- c fcH o^s¡t- qoiD. CORNUCAIED MEI^I. P¡P€- CSNP Tæ NPE- oßAlr^c€ asEuENr- noN Prff Fot t0- Ror Pn 5r (r/z' RÆ)- ¡rcm aq- lrilclH of cuR!€- LoìrE$ fL00R rlEv^lloll- ll¡lD Lol t¡tE- MHI PO(¡- t¡if,[¡ut{ Âm e€v nN- l¡ffioE- l¡E^il sE^ LETiEL- oP[N læ Prft- PAIÆVtrlI- Po*ER SOX- Pdt¡T (f BtGF$Jnc- PnmRw uE- RADruS OF CI'RE- RIAR 8r¡ú¡ìlô UrE- Þsffi c*em P¡PE- RfËmafi 8¡n-æIGTAY- 9f ¡tlt.onrc uxÊ- wtÆY $ffiR- s¡{l^ÂY stKR E¡SXilI- utfR t¡EtER- Ym fi.Ãf (PED€SI L fir.Et)- sn€at- É0@ u¡lrls- Potc t $€- IIutrcfiE UPE- trf,f F¡RT¡ FÉ,ICE UIIE- m) fEr{c€ u}lÉ- qqil tJx( fExc€ r¡c- aÆx r ûn8- wncca-Kmú- Dooflr ffi c8- EDG-E f PAVÍTENÍ- FnÊ Hmn^¡\T'ltARRrNCtoN FA|-LSPflAS€ Tïr0Pø 2O1t2Js æu-r':s'e @l"i:l9liG@@ìf[Ncts/n'R,laii¡;ar_@oRlstl¡2'ArEo,rJ t. d p^t'¡,nuto* ^^, * Iu¡nv gr nacoor IP¡. lða:6 Il5'l¡3l¡;l\'l.t@7+t9.0?--N/f '!rls F. rÐtcoìr8E &J^CQUotYil ¡}t! ftû"@UtÊ'0.8.20t51:æ7I.P F.t /2'o.n'R/8e 0FP^oRÍR'S orD *€ rfxc¿ilt^ilo€Rs 0N & 0F P^J+05 25 -t.P,¿1n'R/B0.19 E. 0F P^'ÐRPIoN PUt tru^nY sut Hotcûræ-Pg 180:46LP,f.HRE MICEctt^Rs P,/tcr.¡^Rs P^@'HA¡ni{otcil F^tLs sÆ'HßÊ dEPa 199:81? - srrr ¡z--.=-.-!¿sço,3i¿' e tr P^*.|.P.f,t' o^I@--Y@t.p,F.ttftRolr.-?RlÈÉ.. or ?Afffi@gllgd¡lE_L-rå_(!@I.P"F,lar r'olroHPÌx/FD,0.'M0.¡tER0'2Jæ}SoØr.5'o^t0?' e 0F P^fo¡N 80!1'3J'W@@@NO'tESrI. IHIS PLAÍ MAY NOT MEEI THEREOTJIREMENTS OF IHE CITY OFATPHARÊTTÀ AND WAS NOT PREPARÊD fOoo so.2. ÏHIS PLAT WAS PREPARÊDA. fO COMBINE VARIOUS DEEDEOPROPERIIES IO SHOW OIV}¡ERSHIPAND TO EOUÀLLY OIVìOE-fRACT 2FOR SETTLEUENÏ OF-fHE ESIAIE.B. TO REFLECÍ INIÊNDED ZONING ATIHE IIME OF ANNEXANON YiHICH0085 NOt AGRcE y$tH tHE OfFtOAtZOT¡ING UAP OF IHE CITY OFALTHAREÍA, WHICH lS EEUE\¡ED tO8E IN ERROR.3. IOTAL AFEA - 12.510 ACRES4. ZONTNG ISEE ANNEXATTON/ZONtNcREFERENCESTRACT I FRONT R-15, REAR ACtRACf 2 AC.IRÀCI 3 FRONT R-Is, REAR AG5. MtNtMU¡¡.LO_.I_S|_ZE _AC-r t.000 AcfiESAG 5.OOO ACRES(FULTON coUNlY)(ALPHARETIA)fcß0.tô'EsP^I.PF.r.Pr.Um ffimrcEtIMCUa) r^nßNr o¡tD rnotr urc { NERsotm ¡ni'ìl ¿ No€nsd{, oAIEo ætoçn 2a,1e60. oeto 000t( J6J*453ô) umat æÐ fffi uYo { aoERsoð to.[RRY ¡ ¡XotlSOr ^rÐ tffO^ C ¡I0€RSoN,oaEÐ stPlErôm 20, r99ô, 0(Ð 800K2l+lO:251tmr ?ElfOJrdS 0æ FRoU rXÊ ESÍ^]E ôf floR^rE NIRSOi m .IRiY rfTER$i ^¡totis^!¿0 ulilË P tRto^ â¡¡ærsoa{ tìJtt¡R, oA¡EorlolE¡m¡ tq æ). C€D Ðool( aô5€:!å9n^al IorJrl crl¡¡ 0€ÊD F80r ca8cH¡ot fur-ttR l0c8ectlmil ni[Il & P^lmA Fútln, D^rEo¡.^RCx ô, 199À o€€D Þ0û( $?ô51222R-t56. Mt¡¡tuuM^c-1AGR-t57, BUILOINGtoo'(FULION CqJNlY)2oo' (ALPHAREÌrÀ)too'SEIBACK REOUIREMENTSt-(¡@R,isE.ü?A15.000 s.FLOI mDtHR/tTHE F€tO OâTA IJFOT TTÍ }TSPtÀT rs S stD lus A ctocrn€PRfCtSDt Of OÍ. FOr ll2{tJß fEtt rrþ lrl ¡rGtr¡iENQ G -Ci: P€R ¡'{GtÁ PO{flIAIO tts ^o,rJstEo u$tc IHEcluPÁss R|lrn¡s Pt^f Hls &Þ¡ cåtcli.ÂtEDFOR Ct6rR€ ^X¡ rS fot O ¡0 æ^ccl¡^tE Tt¡lç{ ot€ f00l når.u!+ FÊft€olr9r¡E{l usÉD rcR uEsJRlx€{¡sloPffi cts-s -tol¡t st ¡q¡Hs {PRoP€nfl xn¡sps{€Ê¡ns lÛf)LoG IED nno¡ il€ tm ìÉ¡¡ floo ¡R€APCX üfttt¡L FLmO t6tn¡rcE RAIE l¡^PS.p^t*L tû tlr'lôßt Éâs E6Éû J,l€ 2¿ t$mus F&mAG-I ZONINGFRONTSIDEREARAG ZONINGFRONTst0ÉREARR-r5 ZoNtNcFRONTSIDEREARarlcr^u¡r,rl!Èto ¡ftfnocÊ3lr¡cT r - ìl€ ftoal Fdltol u¡ ilçltrô txlorlrE ıry c-|rltußErÌ ot J ,.üft ¿ ttTqÂs R-t. sol îc tÐlttc 80Ía{rE r^siaallfD r}l t-! toaato DEnü.io{ tr 3ECl¡rlIE¡ 8-II THE N€á FMNOil BAS AIINÉXE)fiÌÞ tíÉ qr 0r aã¡tÊllr or rril. ¡. zooo,A3 á{¡ CrrÊ^ ril3rcD gtl¡! H E roþtcels¡¡rc^Ets u¡o ulft cf¡¡r¡R¡8tE tocuRRtNt arlfot ec,xfY roÌtNo.).(R'LTON CoÌrNTY)25'50'(ALPHAREITA)65: (oTHER snEErs)@'E:[t¡Plur PL^Î 0frffiY siÉ Nq-c0F€'P0 lå0:a6r¡lF 't¡^RY SJEHol@¡lsE'¿ m^!EFl.lø l¡ßðlt- '50'65' (O-[HER S'IREEÌS)25'N Ao'45'57'Wc¡wlR^cl 2 - rx[¡ pRop€Rw w^s AllN¡rID nIO IHEctTY 0f ¡uH^nEff^ o{ ¡p¡tt L 200G. As ^o('ARE^ ATNOGD $tltl Hâì/E Zc{ilccl ssrftc^lþt¡s LAÈo us€s cflup^f,rBl¡ loc¡JnßÊnr nt rcN côrjN¡y zotNo').lR^cT I - n€ FROtr potfoN r^s ^NflqE0 NroIffi OlY tr ^lPffim^ oil trÆor 12. tg?J, ÆR-1. wHEil ûE zolt¡t{o oi0[t^]tc€ r s nEulfolH€ R-r ¿o|ilo oEs¡cat^nofl w s Rln[Eo R-13.fü€ REAE P@rXXr rAS ¡l{ltÊ¡Co t{ro ûE qñ 0rÀ.P{AnEffl ot ApFtL 3, 2001. As Aô a.^RE^ '|TE)Go $t,\tt 8^vE zo{tNo ¿tÀscflcÀrfrslÆ0 us¿s co¡¡paR^8rI 10 CURiflr tuLTo{conNw zðIxc'Ilvîe50R/wD22'PAV'rGRAPHIC SCAI.E(¡Nræ?)I lDcb ¡ ¡@ ,LolfJJlIIeF.8rJt2. 950tq, 96127, Sr28. 06150Ìo-@@r,Iz@5.J95 ACRES2J+,940 S.F.tÉNCEf|-amn.r'OCrt'äil* Bll*R/Ð=f,rf¡l¡art-/àil-!.t5.58J ACRE'-:u?Jl.47l 5 rEüJcIi¡, t9' *rtrÕREMSIONS:'t2-05-20t1. DtvtsloN 0F rR^cf 2 FoRSETTITUENT Of E5IAÏE,LOCATED IN:LAND LOT(S):1058,1103DlS"lRlCT: 2, S-ECTìON: 2CITY OF: ÁIfHARETTACOUNTY OF:FULTONCTôTtr fìF NFñPß¡ôilBRUMBELOW-REESE & ASSOC., INCLAND SUR\EYNG SERVICESGEORGIA REGISIRA'IION NO. 20721J685 H|CHWAY SALPHARETTA, GEORGIA 3OOO4-J616PHoNE (770) 47s-68t7FAx (770) s69-49¡+gEMAIT_-BRASSINCOCOMCAST. NET[Erafn tr s^uso6
Exhibit \\B//(See Attached Aeriaf Map of Premises)Page 16 of 71