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Agenda Packet CC - 11/20/2017 - 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, November 20, 2017 Regular Council Meeting Agenda 6:00 PM INVOCATION – Pastor Jerry Dockery, Crabapple First Baptist Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 17-286) 4) PUBLIC COMMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 20, 2017 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 5) CONSENT AGENDA 1. Approval of the November 6, 2017 Regular City Council Meeting Minutes. (Agenda Item No. 17-287) (Sudie Gordon, City Clerk) 2. Approval of an Agreement between the City of Milton and Multi-State Information Sharing and Analysis Center (MS-ISAC) for Collaboration on Cyber Threat Prevention, Protection, and Response. (Agenda Item No. 17-288) (David Frizzell, IT Manager) 3. Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City’s Financial Statements for the Fiscal Year Ending September 30, 2017. (Agenda Item No. 17-289) (Stacey Inglis, Assistant City Manager) 4. Approval of Change Order #1 to Professional Services Agreement for PI 0007313 Design Modifications. (Agenda Item No. 17-290) (Carter Lucas, Assistant City Manager) 5. Approval of a Construction Services Agreement between the City of Milton and Garland/DBS, Inc. for Fire Station 41 Roofing Replacement. (Agenda Item No. 17-291) (Carter Lucas, Assistant City Manager) 6. Approval of a Resolution to Amend the City’s Personnel Policy Handbook to Revise the PTO Buy-Back Percentage. (Agenda Item No. 17-292) (Sam Trager, Human Resources Director) 7. Approval of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. 15605, 15613 & 15619 Hopewell LL 403 & 462 Hopewell Road Minor Plat 3 Lots 20.36 .14 Lots / acre (Agenda Item No. 17-293) (Melissa Branen, Plan Review Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 20, 2017 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing National Adoption Month. (Mayor Joe Lockwood) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. (Agenda Item No. 17-282) (First Presentation at City Council Meeting on November 6, 2017) (Teresa Stickels, Conservation Projects Manager) 11) NEW BUSINESS 1. Consideration of an Application to the Firehouse Subs Foundation for a Grant to Provide Ballistic Protection to Milton Fire-Rescue’s Firefighters. (Agenda Item No. 17-294) (Robert Edgar, Fire Chief) 2. Consideration of a Resolution Declaring the Results of the November 7, 2017 Election. (Agenda Item No. 17-295) (Ken Jarrard, City Attorney) 3. Consideration of a Resolution Approving Participation in the 2020 United States Census “Local Update of Census Addresses” Operation, and Execution of a Related Registration Form and Confidentiality Agreement. (Agenda Item No. 17-296) (Michele McIntosh-Ross, Principal Planner) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 20, 2017 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. 4. Consideration of a Resolution Appointing a Member to the City of Milton Board of Zoning Appeals At Large. (Agenda Item No. 17-297) (Mayor Joe Lockwood) 12) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Police 3. Parks and Recreation 13) EXECUTIVE SESSION (if needed) 14) ADJOURNMENT (Agenda Item No. 17-298) MIL O NIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2017 FROM: Steven Krokoff, City Manager �i AGENDA ITEM: Approval of an Agreement between the City of Milton and Multi -State Information Sharing and Analysis Center (MS-ISAC) for Collaboration on Cyber Threat Prevention, Protection, and Response. MEETING DATE: Monday, November 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: („APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (�'ES () NO CITY ATTORNEY REVIEW REQUIRED: (.'YES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ii I70) zoi1 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: David Frizzell, IT Manager Date: Submitted on November 3, 2017 for the November 20, 2017 Regular City Council Meeting Agenda Item: Approval of an agreement between the City of Milton and Multi- State Information Sharing and Analysis Center (MS-ISAC) for collaboration on cyber threat prevention, protection, and response. _____________________________________________________________________________________ Department Recommendation: The IT Department recommends approval for this agreement, and acknowledges the IT Manager will be the primary contact for collaboration with MS-ISAC. Executive Summary: Membership in MS-ISAC grants access to a network of state, local, territorial, and tribal governments where information is shared regarding potential and ongoing threats to cyber security. Funding and Fiscal Impact: MS-ISAC is funded through the Department of Homeland Security, so there is no cost associated with membership. Alternatives: Without membership, the city would not have access to, or participate in, MS-ISAC’s efforts to increase cybersecurity around the country. Legal Review: Sam VanVolkenburgh, Nov 10, 2017 Concurrent Review: Stacey Inglis, Asst. City Manager Attachment(s): MS ISAC Member Agreement - City of Milton, GA .pdf MS-ISAC Overview.pdf Multi-State ISAC Member Agreement 1/1/2012 1 of 3 CENTER FOR I NTERNET SECURITY MULTI-STATE ISAC Member Agreement This Agreement ("Agreement") is made between the City of Milton, GA and the Multi-State Information Sharing and Analysis Center of the United States (MS- ISAC), a division of the Center for Internet Security. The MS-ISAC will enable information sharing, analysis, gathering and distribution in a secure manner using facilities and methods designed to permit individual Members to submit information about security threats, vulnerabilities, incidents, and solutions securely. Only MS-ISAC members have access to review and retrieve this information. When submitting information to the MS-ISAC, Primary Custodians will identify information to the MS -ISAC in the following categories: Category A: information that is provided only to the MS -ISAC and will not be shared with the MS -ISAC members or others except as authorized by the Primary Custodian. Category A information also consists of any non-categorized information provided to the MS- ISAC and/or pre-cleansed category B information. Category B: information which is shared with the MS - ISAC and in consultation with the Primary Custodian is cleansed by the MS-ISAC of all identifying information and then, consistent with applicable law s, will be shared only with MS -ISAC members, or the Department of Homeland Security consistent with paragraph six (6). Category C: information which is shared with the MS - ISAC and does not need to be cleansed and may be shared within the MS -ISAC and outside the MS-ISAC as appropriate. MS -ISAC members acknowledge that Primary Custodian has certain cyber and/or critical infrastructure information and material that is exempt from disclosure to the public or other unauthorized persons under federal or state law s including the Homeland Security Act of 2002 (6 U.S.C. § 133). MS - ISAC members may provide access to this information and material in order to facilitate interstate communication regarding cyber and/or critical infrastructure readiness and response efforts. These efforts include, but are not limited to, disseminating early warnings of physical and cyber system threats, sharing security incident information between U.S. states, territories, the District of Columbia, tribal nations and local governments, p roviding trends and other analysis for security planning, and distributing current proven security practices and suggestions. As a participating member of the MS-ISAC, Primary Custodian agrees that when sharing this information with MS-ISAC members it will do so through the MS- ISAC in accordance with the categories established in this document. MS-ISAC members agree to the terms and conditions contained in this Agreement. NOW THEREFORE, in consideration of the above promises recited herein, the parties agree to the following: Definitions: 1. Primary Custodian – the entity that developed or owns the Data. Each collection of Data (database, file, etc.) shall have a single Primary Custodian. 2. MS -ISAC members – the members (U.S. states, territories, the District of Columbia, tribal nations and local governments ) who may be in possession or use of Data acquired from the Primary Custodian or from the MS-ISAC. Purpose: 3. MS -ISAC members acknowledge that the protection of Category A information is essential to the security of Primary Custodian and the mission of the MS-ISAC. The purpose of this Agreement is to enable Primary Custodian to make disclosures of Category A information to MS-ISAC while still maintaining rights in, and control over, Category A information. The purpose is also to preserve confidentiality of the Category A information and to prevent its unauthorized disclosure. It is understood that this Agreement does not grant MS- ISAC or members an express or implied license or an option on a license, or any other rights to or interests in the Category A information, or otherwise. If Primary Custodian retracts any information it sent to the MS -ISAC, then, upon notification by the Primary Custodian, the MS - ISAC will destroy such information and all copies thereof, and notify MS-ISAC members to destroy the information. If an MS-ISAC member is unable to destroy the information based on applicable law, then the member will continue to maintain the confidentiality of the information consistent with this agreement. Upon receiving such notification, Multi-State ISAC Member Agreement 1/1/2012 2 of 3 MS ISAC members will destroy such information and all copies thereof. MS -ISAC and Member Duties: 4. MS -ISAC and members who are authorized by the Primary Custodian to receive Category A information shall, and shall cause their contractors, subcontractors, agents or any other entities acting on their behalf (hereinafter referred to as the “Affiliates”) to: (a) copy, reproduce or use Category A information only for the purposes of the MS -ISAC mission and not for any other purpose unless specifically authorized to do so in writing by Primary Custodian; and (b) not permit any person to use or disclose the Category A information for any purpose other than those expressly authorized by this Agreement; and (c) implement physical, electronic and managerial safeguards to prevent unauthorized access to or use of Category A information. Such restrictions will be at least as stringent as those applied by the MS -ISAC and/or members to their own most valuable and confidential information. MS -ISAC agrees to promptly notify Primary Custodian of any unauthorized release of Category A information. 5. MS -ISAC and members will not remove, obscure or alter any notice of patent, copyright, trade secret or other proprietary right from any Category A information without the prior written authorization of Primary Custodian. Multi-State ISAC Duties: 6. The MS-ISAC and members may share with the Department of Homeland Security (DHS) pursuant to 6 U.S.C. § 133, Category A, B, and C information, unless the Pr imary Custodian has designated in writing that the information in question cannot be shared with our federal partners. All other information is voluntarily submitted and may be shared with the Federal Government with expectation of protection from disclosure as provided by the provisions of the Critical Infrastructure Information Act of 2002. 7. If any third party makes a demand for any Category A or B information, the MS -ISAC or member shall immediately forward such request to the Primary Custodian and consult and cooperate with the Primary Custodian and will make reasonable efforts, consistent with applicable law to protect the confidentiality of the information. Primary Custodian will, as needed, have the opportunity to seek judicial or other appropriate avenues of redress to prevent any release. 8. In non-emergency situations, as part of its multi- state communication sharing efforts, the MS -ISAC may prepare written reports. For such reports, the Primary Custodian shall be provided a period of time to review such reports, papers, or other writings and has the right to edit out its Category A information, correct factual inaccuracies, make recommendations and comments to the content of the report, and append comments to the final version of the report. The MS -ISAC members and Primary Custodian agree to work together in good faith to reach mutually agreed upon language for the report. If the parties are unable to reach agreement on an issue, Primary Custodian has the right to edit out its Category A informat ion. General Terms: 9. Should any court of competent jurisdiction consider any provision of this Agreement to be invalid, illegal, or unenforceable, such provisions shall be considered severed from this Agreement. All other provisions, rights, and obligations shall continue without regard to the severed provision(s). 10. The term of the Agreement shall continue so long as Primary Custodian remains a member of the MS -ISAC, and paragraph 3 the obligations of confidentiality as provided herein shall survive the expiration of this Agreement. 11. This Agreement will be construed and enforced in all respects in accordance with United States (U.S.) federal law or other applicable laws as addressed herein. 12. This Agreement contains the entire understanding between the parties with respect to the proprietary information described herein and supersedes all prior understandings whether written or oral. Any modification, amendment, assignment or waiver of the terms of this Agreement shall require the written approval of the authorized representative of each party. Multi-State ISAC Member Agreement 1/1/2012 3 of 3 The foregoing has been agreed to and accepted by the authorized representatives of each party whose signatures appear below: AGREED BY: Primary Custodian: Center for Internet Security Multi-State ISAC Division Signature Date Signature Date MS -ISAC Chair Print or Type Name/Title Who We Are The Multi-State Information Sharing and Analysis Center (MS-ISAC®) is a voluntary and collaborative effort based on a strong partnership between the Center for Internet Security (CIS) and the Office of Cybersecurity and Communications within the U.S. Department of Homeland Security (DHS). The MS-ISAC has been designated by DHS as the key resource for cyber threat prevention, protection, response and recovery for the nation’s state, local, territorial and tribal (SLTT) governments. Through its state-of-the- art 24/7 Security Operations Center, the MS-ISAC serves as a central resource for situational awareness and incident response for SLTT governments. There is no cost to be a member. Membership Benefits • 24/7 Security Operations Center (SOC) • Cybersecurity exercises • Cybersecurity advisories & daily tips • Cyber event notifications • Awareness/education materials • Network monitoring • Vulnerability assessment services • Secure portals for communication & document sharing • Member initatives & collaborative resources • Malicious Code Analysis Platform (MCAP) • Monthly newsletters, webcasts, & threat briefings • Alert status map • Incident response resources • Cyber threat information & analytical products • Discounts on CIS Security Benchmarks • Discounts on training • Nationwide Cyber Security Review (NCSR) • Vulnera bility Management Platform (VMP) Learn more about the MS-ISAC at https://msisac.cisecurity.org “The Multi-State Information Sharing and Analysis Center (MS-ISAC)…allows the Federal Government to quickly and efficiently provide critical cyber threat, risk, vulnerability, and mitigation data to state and local governments.” - U.S. DHS Secretary Janet Napolitano March 2013 MS-ISAC Frequently Asked Questions Who can join the Center for Internet Security’s MS-ISAC? Membership is open to all U.S. SLTT government entities involved in cybersecurity and/or critical infrastructure protection. Who are the members? The MS-ISAC currently includes representatives from all 50 states, all 50 state capitals, all 78 Fusion Centers, hundreds of local governments, several tribal governments and U.S. territories. There are a total of 997 MS-ISAC member organizations across a diverse group of public sectors that includes government, education, utilities, transportation, and more. What does it cost to join the MS-ISAC? There is no cost to join the MS-ISAC. It is primarily supported by the DHS to serve as the central cybersecurity resource for the nation’s SLTT governments. The MS-ISAC is a program within CIS. Can the Center for Internet Security’s MS-ISAC help me with a cyber incident? Yes. CIS’ Computer Emergency Response Team (CIS CERT) comprises highly trained staff who are able to assist you with a cybersecurity incident. CIS CERT can provide malware analysis, reverse engineering, log analysis, forensics analysis and vulnerability assessments. The Incident Response service is available to all SLTT entities – MS-ISAC membership is not required. If you are an SLTT entity and experience a cybersecurity incident or want to report an incident to improve situational awareness, contact us for assistance: soc@msisac.org or 1-866-787-4722. Can other members of my organization join? Yes. Each organization designates a “Primary Member” who is then responsible for authorizing additional individuals in their organization to become members. Are there any requirements to join? The only requirement is the completion of a membership agreement, which sets forth the responsibilities of members to protect information that is shared. Are there any educational or training resources available? Yes. In addition to advisories and information bulletins regarding the latest cyber threats and vulnerabilities, the MS-ISAC provides a variety of educational, awareness, and training resources and opportunities. Does MS-ISAC work with federal agencies, private sector groups, and the other ISACs? Yes. The MS-ISAC works closely with federal partners at DHS, along with Federal Bureau of Investigation, U.S. Secret Service and others to better share information on emerging threats. The MS-ISAC also has strong relationships with major internet service providers, cybersecurity firms, researchers, and software developers. How do I join? Contact the CIS MS-ISAC at info@msisac.org or visit https://msisac.cisecurity.org to learn more. OP TO: FROM: MILTON'lt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 13, 2017 Steven Krokoff, City Manager e AGENDA ITEM: Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City's Financial Statements for the Fiscal Year Ending September 30, 2017. MEETING DATE: Monday, November 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,�IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (4.4ES () NO CITY ATTORNEY REVIEW REQUIRED: (:4ES () NO APPROVAL BY CITY ATTORNEY: (,4 -APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 11 I ZQl u`l 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on November 9, 2017 for the November 20, 2017 Regular City Council Meeting Agenda Item: Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City’s Financial Statements for the Fiscal Year Ending September 30, 2017 _____________________________________________________________________________________ Service Description: According to O.C.G.A. § 36-81-7, we are required to have an annual audit of the financial affairs and transactions of all funds and activities of the city. The audit engagement letter before you details the scope of services Mauldin & Jenkins, LLC will provide the city. As part of the engagement, they will audit the financial statements of the governmental activities, each major fund, and the required supplementary information. They will also provide a report on internal controls related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements. Procurement Summary: Purchasing method used: RFQ Account Number: 100-1510-521200003 Requisition Total: $33,500 Vendor DBA: Mauldin & Jenkins, LLC Financial Review: Bernadette Harvill – 11/13/17 Legal Review: Approved by Jeff Strickland (attorney in Ken Jarrard’s office) on 10/30/17 Attachment(s): Audit Engagement Letter M&1AULDINENKINSNovember 2, 2017Honorable Mayor and Members of theCity Council and City ManagerCity of Milton, Georgia13000 Deerfield Parkway, Suite 107GMilton, Georgia 30004Attn: Stacey Inglis, Assistant City ManagerWe are pleased to confirm our understanding of the services we are to provide the City of Milton,Georgia (the City) for the year ended September 30, 2017. These services will be providedpursuant to and in accordance with the terms provided in the Professional Services Agreement,dated November 5, 2012. We will audit the financial statements of the governmental activities,each major fund, and the aggregate remaining fund information, including the related notes to thefinancial statements, which collectively comprise the basic financial statements, of the City ofMilton, Georgia as of and for the year then ended. Accounting standards generally accepted in theUnited States of America provide for certain required supplementary information (RSI), such asmanagement's discussion and analysis (MD&A), to supplement the City's basic financialstatements. Such information, although not a part of the basic financial statements, is required bythe Governmental Accounting Standards Board who considers it to be an essential part of financialreporting for placing the basic financial statements in an appropriate operational, economic, orhistorical context. As part of our engagement, we will apply certain limited procedures to theCity's RSI in accordance with auditing standards generally accepted in the United States ofAmerica. These limited procedures will consist of inquiries of management regarding the methodsof preparing the information and comparing the information for consistency with management'sresponses to our inquiries, the basic financial statements, and other knowledge we obtained duringour audit of the basic financial statements. We will not express an opinion or provide anyassurance on the information because the limited procedures do not provide us with sufficientevidence to express an opinion or provide any assurance. The following RSI is required by U.S.generally accepted accounting principles and will be subjected to certain limited procedures, butwill not be audited:1. Management's Discussion and Analysis (MD&A).2. Schedule of Changes in the City's Net Pension Liability and Related Ratios.3. Schedule of City Contributions - Pension Plan.4. Budgetary comparisons for the General Fund and Major Special Revenue Funds.200 GALLERIA PARKWAY S.E, SUITE 1700 • ATLANTA, GA 30339-5946 • 770-955-8600 • 800-277-0080 • FAX 770-980-4489 • www.m]q>a.coMembers of The American Institute of Certified Public Accountants • RSM International City of Milton - 2017 Engagement LetterNovember 2, 2017Page 2We have also been engaged to report on supplementary information other than RSI thataccompanies the City's financial statements. We will subject the following supplementaryinformation to the auditing procedures applied in our audit of the financial statements and certainadditional procedures, including comparing and reconciling such information directly to theunderlying accounting and other records used to prepare the financial statements or to the financialstatements themselves, and other additional procedures in accordance with auditing standardsgenerally accepted in the United States of America and will provide an opinion on it in relation tothe financial statements as a whole:1. Schedule of expenditures of federal awards.2. Combining and individual fund statements.The following other information accompanying the financial statements will not be subjected tothe auditing procedures applied in our audit of the financial statements, we have no responsibilityfor determining whether such other information is properly stated, and our auditor's report will notprovide an opinion or any assurance on that other information:1. Introductory section2. Statistical sectionAudit ObjectivesThe objective of our audit is the expression of opinions as to whether your basic financialstatements are fairly presented, in all material respects, in conformity with U.S. generally acceptedaccounting principles and to report on the fairness of the supplementary information referred to inthe second paragraph when considered in relation to the financial statements as a whole. Theobjective also includes reporting on -• Internal control over financial reporting and compliance with the provisions of laws,regulations, contracts and award agreements, noncompliance with which could have amaterial effect on the financial statements in accordance with Government AuditingStandards.• Internal control over compliance related to major programs and an opinion (or disclaimerof opinion) on compliance with federal statutes, regulations, and the terms and conditionsof federal awards that could have a direct and material effect on each major program inaccordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code ofFederal Regulations (CFR) Part 200, Uniform Administrative Requirements, CostPrinciples, and Audit Requirements for Federal Awards (Uniform Guidance).The Government Auditing Standards report on internal control over financial reporting and oncompliance and other matters will include a paragraph that states (1) that the purpose of the reportis solely to describe the scope of testing of internal control and compliance and the results of thattesting, and not to provide an opinion on the effectiveness of the entity's internal control or oncompliance, and (2) that the report is an integral part of an audit performed in accordance withGovernment Auditing Standards in considering the entity's internal control and compliance. TheUniform Guidance report on internal control over compliance will include a paragraph that statesthat the purpose of the report on internal control over compliance is solely to describe the scope ofMAULDIN&.IENKINS City of Milton - 2017 Engagement LetterNovember 2, 2017Page 3testing of internal control over compliance and the results of that testing based on the requirementsof the Uniform Guidance. Both reports will state that the report is not suitable for any otherpurpose.Our audit will be conducted in accordance with auditing standards generally accepted in the UnitedStates of America; the standards for financial audits contained in Government Auditing Standards,issued by the Comptroller General of the United States; the Single Audit Act Amendments of1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, adetermination of major program(s) in accordance with the Uniform Guidance, and otherprocedures we consider necessary to enable us to express such opinions. We will issue writtenreports upon completion of our Single Audit. Our reports will be addressed to the Members of theCity Council for the City of Milton, Georgia. We cannot provide assurance that unmodifiedopinions will be expressed. Circumstances may arise in which it is necessary for us to modify ouropinions or add emphasis-of-matter or other-matter paragraphs. If our opinions on the financialstatements or the Single Audit compliance opinions are other than unmodified, we will discuss thereasons with you in advance. If, for any reason, we are unable to complete the audit or are unableto form or have not formed opinions, we may decline to express opinions or to issue reports, ormay withdraw from this engagement.Management ResponsibilitiesManagement is responsible for the financial statements, schedule of expenditures of federalawards, and all accompanying information as well as all representations contained therein.Management is responsible for (1) designing, implementing, and maintaining effective internalcontrols, including internal controls over federal awards, and for evaluating and monitoringongoing activities, to help ensure that appropriate goals and objectives are met; (2) following lawsand regulations; (3) ensuring that there is reasonable assurance that government programs areadministered in compliance with compliance requirements; and (4) ensuring that management andfinancial information is reliable and properly reported. Management is also responsible forimplementing systems designed to achieve compliance with applicable laws, regulations,contracts, and grant agreements. You are also responsible for the selection and application ofaccounting principles; for the preparation and fair presentation of the financial statements,schedule of expenditures of federal awards, and all accompanying information in conformity withU.S. generally accepted accounting principles; and for compliance with applicable laws andregulations (including federal statutes) and the provisions of contracts and grant agreements(including award agreements). Your responsibilities also include identifying significant contractorrelationships in which the contractor has responsibility for program compliance and for theaccuracy and completeness of that information.Management is also responsible for making all financial records and related information availableto us and for the accuracy and completeness of that information. You are also responsible forproviding us with (1) access to all information of which you are aware that is relevant to thepreparation and fair presentation of the financial statements, (2) access to personnel, accounts,books, records, supporting documentation, and other information as needed to perform an auditunder the Uniform Guidance, (3) additional information that we may request for the purpose ofthe audit, and (4) unrestricted access to persons within the government from whom we determineit necessary to obtain audit evidence.MAULDIN&.JENKINS City of Milton - 2017 Engagement LetterNovember 2, 2017Page 4Your responsibilities include adjusting the financial statements to correct material misstatementsand confirming to us in the management representation letter that the effects of any uncorrectedmisstatements aggregated by us during the current engagement and pertaining to the latest periodpresented are immaterial, both individually and in the aggregate, to the financial statements takenas a whole.You are responsible for the design and implementation of programs and controls to prevent anddetect fraud, and for informing us about all known or suspected fraud affecting the governmentinvolving (1) management, (2) employees who have significant roles in internal control, and (3)others where the fraud could have a material effect on the financial statements. Yourresponsibilities include informing us of your knowledge of any allegations of fraud or suspectedfraud affecting the government received in communications from employees, former employees,grantors, regulators, or others. In addition, you are responsible for identifying and ensuring thatthe government complies with applicable laws, regulations, contracts, agreements, and grants.Management is also responsible for taking timely and appropriate steps to remedy fraud andnoncompliance with provisions of laws, regulations, contracts, and grant agreements, or abuse thatwe report. Additionally, as required by the Uniform Guidance, it is management's responsibilityto evaluate and monitor noncompliance with federal statutes, regulations, and the terms andconditions of federal awards; take prompt action when instances of noncompliance are identifiedincluding noncompliance identified in audit findings; promptly follow up and take correctiveaction on reported audit findings; and to prepare a summary schedule of prior audit findings and aseparate corrective action plan. The summary schedule of prior audit findings should be availablefor our review subsequent to the start of fieldwork.You are responsible for identifying all federal awards received and understanding and complyingwith the compliance requirements and for the preparation of the schedule of expenditures of federalawards (including notes and noncash assistance received) in conformity with the UniformGuidance. You agree to include our report on the schedule of expenditures of federal awards inany document that contains and indicates that we have reported on the schedule of expenditures offederal awards. You also agree to include the audited financial statements with any presentationof the schedule of expenditures of federal awards that includes our report thereon or make theaudited financial statements readily available to intended users of the schedule of expenditures offederal awards no later than the date the schedule of expenditures of federal awards is issued withour report thereon. Your responsibilities include acknowledging to us in the written representationletter that (1) you are responsible for presentation of the schedule of expenditures of federal awardsin accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federalawards, including its form and content, is stated fairly in accordance with the Uniform Guidance;(3) the methods of measurement or presentation have not changed from those used in the priorperiod (or, if they have changed, the reasons for such changes): and (4) you have disclosed to usany significant assumptions or interpretations underlying the measurement or presentation of theschedule of expenditures of federal awards.MAULDIN&JENKINS City of Milton - 2017 Engagement LetterNovember 2, 2017Page 5You are also responsible for the preparation of the other supplementary information, which wehave been engaged to report on, in conformity with U.S. generally accepted accounting principles.You agree to include our report on the supplementary information in any document that containsand indicates that we have reported on the supplementary information. You also agree to includethe audited financial statements with any presentation of the supplementary information thatincludes our report thereon or make the audited financial statements readily available to users ofthe supplementary information no later than the date the supplementary information is issued withour report thereon. Your responsibilities include acknowledging to us in the written representationletter that (1) you are responsible for presentation of the supplementary information in accordancewith GAAP; (2) you believe the supplementary information, including its form and content, isfairly presented in accordance with GAAP; (3) the methods of measurement or presentation havenot changed from those used in the prior period (or, if they have changed, the reasons for suchchanges): and (4) you have disclosed to us any significant assumptions or interpretationsunderlying the measurement or presentation of the supplementary information.Management is responsible for establishing and maintaining a process for tracking the status ofaudit findings and recommendations. Management is also responsible for identifying andproviding report copies of previous financial audits, attestation engagements, performance auditsor other studies related to the objectives discussed in the Audit Objectives section of this letter.This responsibility includes relaying to us corrective actions taken to address significant findingsand recommendations resulting from those audits, attestation engagements, performance audits, orstudies. You are also responsible for providing management's views on our current findings,conclusions, and recommendations, as well as your planned corrective actions, for the report, andfor the timing and format for providing that information.With regard to the electronic dissemination of audited financial statements, including financialstatements published electronically on your website, you understand that electronic sites are ameans to distribute information and, therefore, we are not required to read the informationcontained in these sites or to consider the consistency of other information in the electronic sitewith the original document.You agree to assume all management responsibilities relating to the financial statements, scheduleof expenditures of federal awards, related notes, and any other nonaudit services we provide. Youwill be required to acknowledge in the management representation letter our assistance withpreparation of the financial statements, schedule of expenditures of federal awards, and relatednotes and that you have reviewed and approved the financial statements, schedule of expendituresof federal awards, and related notes prior to their issuance and have accepted responsibility forthem. You agree to oversee the nonaudit services by designating an individual, preferably fromsenior management, who possesses suitable skill, knowledge, or experience; evaluate the adequacyand results of those services; and accept responsibility for them.Audit Procedures—GeneralAn audit includes examining, on a test basis, evidence supporting the amounts and disclosures inthe financial statements; therefore, our audit will involve judgment about the number oftransactions to be examined and the areas to be tested. An audit also includes evaluating theappropriateness of accounting policies used and the reasonableness of significant accountingestimates made by management, as well as evaluating the overall presentation of the financialMAULDIN&JENKINS City of Milton - 2017 Engagement LetterNovember 2, 2017Page 6statements. We will plan and perform the audit to obtain reasonable rather than absolute assuranceabout whether the financial statements are free of material misstatement, whether from (1) errors,(2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws orgovernmental regulations that are attributable to the government or to acts by management oremployees acting on behalf of the government. Because the determination of abuse is subjective,Government Auditing Standards do not expect auditors to provide reasonable assurance ofdetecting abuse.Because of the inherent limitations of an audit, combined with the inherent limitations of internalcontrol, and because we will not perform a detailed examination of all transactions, there is a riskthat material misstatements or noncompliance may exist and not be detected by us, even thoughthe audit is properly planned and performed in accordance with U.S. generally accepted auditingstandards and Government Auditing Standards. In addition, an audit is not designed to detectimmaterial misstatements or violations of laws or governmental regulations that do not have adirect and material effect on the financial statements or major programs. However, we will informthe appropriate level of management of any material errors, any fraudulent financial reporting ormisappropriation of assets that come to our attention. We will also inform the appropriate level ofmanagement of any violations of laws or governmental regulations that come to our attention,unless clearly inconsequential, and of any material abuse that comes to our attention. We willinclude such matters in the reports required for a Single Audit. Our responsibility as auditors islimited to the period covered by our audit and does not extend to any later periods for which weare not engaged as auditors.Our procedures will include tests of documentary evidence supporting the transactions recordedin the accounts, and may include direct confirmation of receivables and certain other assets andliabilities by correspondence with selected individuals, funding sources, creditors, and financialinstitutions. We will request written representations from your attorneys as part of theengagement, and they may bill you for responding to this inquiry. At the conclusion of our audit,we will require certain written representations from you about your responsibilities for thefinancial statements; schedule of expenditures of federal awards; federal award programs;compliance with laws, regulations, contracts, and grant agreements; and other responsibilitiesrequired by generally accepted auditing standards.Audit Procedures—Internal ControlOur audit will include obtaining an understanding of the government and its environment,including internal control, sufficient to assess the risks of material misstatement of the financialstatements and to design the nature, timing, and extent of further audit procedures. Tests ofcontrols may be performed to test the effectiveness of certain controls that we consider relevant topreventing and detecting errors and fraud that are material to the financial statements and topreventing and detecting misstatements resulting from illegal acts and other noncompliancematters that have a direct and material effect on the financial statements. Our tests, if performed,will be less in scope than would be necessary to render an opinion on internal control and,accordingly, no opinion will be expressed in our report on internal control issued pursuant toGovernment Auditing Standards.MAULDIN&.IENKINS City of Milton - 2017 Engagement LetterNovember 2, 2017Page 7As required by the Uniform Guidance, we will perform tests of controls over compliance toevaluate the effectiveness of the design and operation of controls that we consider relevant topreventing or detecting material noncompliance with compliance requirements applicable to eachmajor federal award program. However, our tests will be less in scope than would be necessary torender an opinion on those controls and, accordingly, no opinion will be expressed in our reporton internal control issued pursuant to the Uniform Guidance.An audit is not designed to provide assurance on internal control or to identify significantdeficiencies or material weaknesses. However, during the audit, we will communicate tomanagement and those charged with governance internal control related matters that are requiredto be communicated under AICPA professional standards, Government Auditing Standards, andthe Uniform Guidance.Audit Procedures—ComplianceAs part of obtaining reasonable assurance about whether the financial statements are free ofmaterial misstatement, we will perform tests of the City of Milton, Georgia's compliance withprovisions of applicable laws, regulations, contracts and agreements, including grant agreements.However, the objective of those procedures will not be to provide an opinion on overall complianceand we will not express such an opinion in our report on compliance issued pursuant toGovernment Auditing Standards.The Uniform Guidance requires that we also plan and perform the audit to obtain reasonableassurance about whether the auditee has complied with federal statutes, regulations, and the termsand conditions of federal awards applicable to major programs. Our procedures will consist oftests of transactions and other applicable procedures described in the 0MB ComplianceSupplement for the types of compliance requirements that could have a direct and material effecton each of the City of Milton's major programs. The purpose of these procedures will be to expressan opinion on the City of Milton's compliance with requirements applicable to each of its majorprograms in our report on compliance issued pursuant to the Uniform Guidance.Other ServicesWe will also assist in preparing the financial statements, schedule of expenditures of federalawards, and related notes of the City in conformity with U.S. generally accepted accountingprinciples and the Uniform Guidance based on information provided by you. These nonauditservices do not constitute an audit under Government Auditing Standards and such services willnot be conducted in accordance with Government Auditing Standards. We will perform theseservices in accordance with applicable professional standards. The other services are limited tothe financial statements, schedule of expenditures of federal awards, and related notes servicespreviously defined. We, in our sole professional judgement, reserve the right to refuse to performany procedure or take any action that could be construed as assuming management responsibilities.Audit Administration, Fees, and OtherWe understand that your employees will prepare all cash or other confirmations we request andwill locate any documents selected by us for testing.MAULDIN&.IENKINS City of Milton - 2017 Engagement LetterNovember 2, 2017Page 8At the conclusion of the engagement, we will complete the appropriate sections of the DataCollection Form that summarizes our audit findings. It is management's responsibility toelectronically submit the reporting package (including financial statements, schedule ofexpenditures of federal awards, summary schedule of prior audit findings, auditors' reports, andcorrective action plan) along with the Data Collection Form to the federal audit clearinghouse. Wewill coordinate with you the electronic submission and certification. The Data Collection Formand the reporting package must be submitted within the earlier of 30 calendar days after receipt ofthe auditors' reports or nine months after the end of the audit period.We will provide copies of our reports to the City of Milton, Georgia; however, management isresponsible for distribution of the reports and financial statements. Unless restricted by law orregulation, or containing privileged and confidential information, copies of our reports are to bemade available for public inspection.The audit documentation for this engagement is the property ofMauldin & Jenkins and constitutesconfidential information. However, pursuant to authority given by law or regulation, we may berequested to make certain audit documentation available to a federal agency providing direct orindirect funding, or the U.S. Government Accountability Office for purposes of a quality reviewof the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify youof any such request. If requested, access to such audit documentation will be provided under thesupervision ofMauldin & Jenkins personnel. Furthermore, upon request, we may provide copiesof selected audit documentation to the aforementioned parties. These parties may intend, or decide,to distribute the copies or information contained therein to others, including other governmentalagencies.The audit documentation for this engagement will be retained for a minimum of five years afterthe report release date or for any additional period requested by a regulatory body. If we are awarethat a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, wewill contact the party (ies) contesting the audit finding for guidance prior to destroying the auditdocumentation.We expect to begin our audit on approximately January 22, 2018 and to issue our reports no laterthan March 31, 2018. Adam Fraley is the engagement partner and is responsible for supervisingthe engagement and signing the reports or authorizing another individual to sign them. Our feefor these services will be $33,500 for the year ended September 30, 2017. This fee includesconsideration for the performance of a Single Audit of one major program. If additional majorprograms are required, additional fees will apply. Our hourly rates vary according to the degreeof responsibility involved and the experience level of the personnel assigned to your audit. Ourinvoices for these fees will be rendered as work progresses and are payable upon presentation. Theabove fees are based on anticipated cooperation from your personnel (including complete andtimely receipt by us of the information on the respective client participation listings to be preparedannually) and the assumption that unexpected circumstances (including scope changes) will notbe encountered during the audit. If significant additional time is necessary, we will discuss it withmanagement and arrive at a new fee estimate confirmed in a change order duly executed pursuantto Section 2 of the Professional Services Agreement.MAULDIN&.IENKINS City of Milton - 2017 Engagement LetterNovember 2, 2017Page 9As a result of our prior or future services to you, we might be requested or required to provideinformation or documents to you or a third party in a legal, administrative, arbitration, or similarproceeding in which we are not a party. If this occurs, our efforts in complying with such requestswill be deemed billable to you as a separate engagement. We shall be entitled to compensation forour time and reasonable reimbursement for our expenses (including legal fees) in complying withthe request. For all requests we will observe the confidentiality requirements of our professionand will notify you promptly of the request.The City may publish or otherwise reproduce the financial statements or include our report on thefinancial statements in an official statement or other document involved with the sale of debtinstruments without our consent, provided that our report and the financial statements will beincluded in their entirety without modification and the following language will be included in theofficial statement or other document:Mauldin & Jenkins, LLC, our independent auditor, has not been engaged to perform andhas not performed, since the date of its report included herein, any procedures on thefinancial statements addressed in that report. Mauldin & Jenkins, LLC also has notperformed any procedures relating to this official statement.Both we and City acknowledge that it is prohibited for any person to offer, give, or agree to giveany City employee or official, or for any City employee or official to solicit, demand, accept, oragree to accept from another person, a gratuity of more than nominal value or rebate or an offer ofemployment in connection with any decision, approval, disapproval, recommendation, orpreparation of any part of a program requirement or a purchase request, influencing the content ofany specification or procurement standard, rendering of advice, investigation, auditing, or in anyother advisory capacity in any proceeding or application, request for ruling, determination, claimor controversy, or other particular matter, pertaining to any program requirement or a contract orsubcontract, or to any solicitation or proposal therefor. No subcontractor or subconsultantarrangement is permitted by this agreement, and both we and the City further acknowledge that itis prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of asub-consultant under a contract to the prime contractor or higher tier sub-consultant, or any personassociated therewith, as an inducement for the award of a subcontract or order (if any).In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of theAmericans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federallaw, we agree that, during performance of this agreement, we will not discriminate against anyemployee or applicant for employment or any supplier because of race, color, creed, nationalorigin, gender, age or disability. In addition, we agree to comply with all applicable implementingregulations.Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physicalperformance of services unless we have provided evidence on City-provided forms, attachedhereto as Exhibits "A" (affidavit regarding compliance with the E-Verify program to be swornunder oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that wehave registered with, are authorized to use and use the federal work authorization programcommonly known as E-Verify, or any subsequent replacement program, in accordance with theMAULDIN&.IENKINS City of Milton - 2017 Engagement LetterNovember 2, 2017Page 10applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that we will continueto use the federal work authorization program throughout the contract period.We hereby verify that we have, prior to executing this Agreement, executed a notarized affidavit,the form of which is provided in Exhibit "A", and submitted such affidavit to you. Further, wehereby agree to comply with the requirements of the federal Immigration Reform and Control Actof 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02.The City M.anager or his/her designee shall be authorized to conduct an inspection of ourverification process at any time to determine that the verification was correct and complete. Weshall retain all documents and records of their respective verification process for a period of five(5) years following completion of the contract. Further, the City Manager or his/her designee shallbe authorized to conduct periodic inspections to ensure that no City contractor employsunauthorized aliens on your contracts. By entering into a contract with you, we agree to cooperatewith any such investigation by making their records and personnel available upon reasonablenotice for inspection and questioning. Where we are found to have employed an unauthorizedalien, the City Manager or his/her designee may report same to the Department of HomelandSecurity. Our failure to cooperate with the investigation may be sanctioned by termination of thecontract, and we shall be liable for all damages and delays occasioned by you thereby.We agree that the employee-number category designated below is applicable to us.500 or more employees.X_ 100 or more employees.Fewer than 100 employees.We warrant that we will utilize no subcontractors in doing the work.The above requirements shall be in addition to the requirements of State and federal law, and shallbe construed to be in conformity with those laws.This agreement is entered into as of the date both parties have signed below.The individual executing this agreement on behalf of Mauldin & Jenkins, LLC covenants anddeclares that it has obtained all necessary approvals ofMauldin & Jenkins, LLC's members, tosimultaneously execute and bind Mauldin & Jenkins, LLC to the terms of this agreement, ifapplicable.MAULDIN&.IENKINS City of Milton - 2017 Engagement LetterNovember 2, 2017Page 11We appreciate the opportunity to be of service to the City of Milton, Georgia and believe this letteraccurately summarizes the significant terms of our engagement. If you have any questions, pleaselet us hiow. If you agree with the terms of our engagement as described in this letter, please signthe enclosed copy and return it to us.Sincerely,MAULDIN & JENKINS, LLCAdam M. FraleyRESPONSE:This letter con-ectly sets forth the understanding of the City of Milton, Georgia.By:.Title: MayorDate:_By:.Title: City Manager or Finance DirectorDate:Attest:By:.Title: City ClerkAPPROVED AS TO FORM:By:.Title: City AttorneyMAULDIN&IENKINS Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l)By executing this affidavit, the undersigned contractor verifies its compliancewith O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporationwhich is engaged in the physical performance ofsemces on behalf of (name of publicemployer) has registered with, is authorized to use and uses fhe federal workauthorization program commonly known as E-Verify, or any subsequent replacementprogram, in accordance with the applicable provisions and deadlines established inO.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use thefederal work authorization program throughout the contract period and the undersignedcontractor will contract for the physical performance of services in satisfaction of suchcontract only with subcontractors who present an affidavit to the contractor with theinformation required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that itsfederal work authorization user identification number and date of authorization are asfollows:Federal Work Authorization User Identification NumberDate of AuthorizationName of ContractorName of Project\Name of Public EmployerI hereby declare under penalty of perjury that the foregoing is true and correct.Executed on _, ___, 201__ in " (city), ____(state).Signature of Authorized Officer or AgentPrinted Name and Title of Authorized Officer or AgentSUBSCRIBED AND SWORN BEFORE ME.O^JHIS THg ^. I^AY OF /?^-. ,201^NOTARY PUBLIC^/=°/y .-ion '''VO'-l.^^^^^ ^^^ar^ y^a_^^%^^ ^» —/^mn^ TO: FROM: AGENDA ITEM MEETING DATE: I LTO ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 14, 2017 Steven Krokoff, City Manager Approval of Change Order #1 to Professional Services Agreement for PI 0007313 Design Modifications Monday, November 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (-)IAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (rYES () NO CITY ATTORNEY REVIEW REQUIRED: (4"'YES () NO APPROVAL BY CITY ATTORNEY: PKAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 11I2t(lol7 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: November 14, 2017 for the November 20, 2017 Regular city Council Meeting Agenda Item: Approval of Change Order #1 to Professional Services Agreement for PI 0007313 Design Modifications _____________________________________________________________________________________ Project Description: Stantec Consulting Services provided final engineering plans through the City of Milton to the Georgia Department of Transportation (GDOT) for project PI 0007313. The project is under construction and as part of coordinating the construction with other projects within the limits, there are design changes that are needed. Any plan change requires the original plan sheets to be updated and submitted to GDOT as an official revision. Procurement Summary: Purchasing method used: Professional Services Account Number: 340-4101-541400510 Requisition Total: $7,000 Vendor DBA: Stantec Consulting Services Other quotes or bids submitted (vendor/$): NA Financial Review: Bernadette Harvill (11/14/17) Legal Review: Sam VanVolkenburgh, Jarrard & Davis (10/26/17) Attachment(s): Change Order #1 ,OMF OF ' Ill I LTO N I IIAH I II1.1)20,r„ CHANGE ORDER #1 FOR PROFESSIONAL SERVICES AGREEMENT PI 0007313 DESIGN MODIFICATIONS WHEREAS, the City of Milton, Georgia and Stantec Consulting Services Inc., have entered into a Professional Services Agreement (the "Agreement') dated October 17, 2016, incorporated herein by reference; and WHEREAS, the parties desire to change the completion date and Maximum Contract Price of the Agreement pursuant to Section 4 of the Agreement, it being to the mutual benefit of all parties to do so; NOW THEREFORE, the parties agree to amend the Agreement as follows: 1. Section 3 is amended by replacing the text "June 1, 2017" with the text "August 31, 2018". 2. Section 5 is amended by replacing the text "$9,000" with "$16,000". IN WITNESS WHEREOF, the parties have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] CONTRACT R: STAII�`TEC CONSULTING SERVICES INC. By: \`,J�� Print Name: Its: Presidlen ice Preside n Corporation) Date: `` � -1 r7 [CORPORATE SEAL] Atte s t/Witness : Print Name: klplr i Its: � `ne 4r (:70a w.44 ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA Joe Lockwood, Mayor [CITY SEAL] Date: Attest: Print Name: Sudie Gordon Its: City Clerk Approved as to form: City Attorney 2 MILTON" ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 14, 2017 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Garland/DBS, Inc. for Fire Station 41 Roofing Replacement. MEETING DATE: Monday, November 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (r`A`PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (YES (J NO CITY ATTORNEY REVIEW REQUIRED: (-�YES (J NO APPROVAL BY CITY ATTORNEY: (-)IIAIPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityotmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Carter Lucas, Assistant City Manger Date: November 6, 2017 for the November 20, 2017 Mayor and Council Meeting Agenda Item: Approval for roof repairs and waterproofing at Fire Station 41 _____________________________________________________________________________________ Project Description: Remove and replace roof shingles; remove and replace gutters and downspouts; seal, repair and waterproof split face block exterior walls and concrete joints. Procurement Summary: Purchasing method used: US Communities contract Account Number: 300-3510-522280000 Requisition Total: $60,358 Vendor: Garland/DBS, Inc. Other quotes or bids submitted: Vendor/Firm Quote/Bid N/A Financial Review: Bernadette Harvill, 11/14/17 Legal Review: Sam VanVolkenburgh, 10/31/17 Attachment(s): Construction Services Agreement o ), Y -- r-� ES IABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT Fire Station 41 Rooflng Replacement This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 20_ (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council (hereinafter referred to as the "City"), and Garland/DBS, Inc, an Ohio Corporation (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project, as defined below; and WHEREAS, the City has relied on the competitive procurement of construction services by Cobb County, made available to the City through the purchasing cooperative U.S. Communities; and WHEREAS, the selected general contractor has submitted an acceptable proposal for construction of the Project, attached hereto as "Exhibit A" and incorporated herein by reference; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, the 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 Contract Documents, 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, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, for and in consideration of the mutual promises, the public ('gym truCU011 SCIAACCs iNgi-CCillellt I VCrsil 1.0 purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the "Contract Documents": A. Proposal/Scope of Work, attached hereto as "Exhibit A"; B. Final Affidavit, attached hereto as "Exhibit B"; C. Alien Employment affidavits, attached hereto as "Exhibits C.1 and C.2"; D. Additional Payment/Retainage Requirements, attached hereto as "Exhibit D"; E. City of Milton Code of Ethics (codified in the official Code of the City of Milton); F. The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Change Orders (defined in Section 6 below), other written amendments, and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Proiect Description; Architect: Engineer; Contract Administrator A. PrQjcct. A general description of the Project is as follows: Roofing Replacement to the Milton Fire Station 41 located at 12670 Arnold Mill Rd, Milton GA 30075 (the "Project"). A third -party Architect or Engineer has not been retained related to this Project. B. Contract Administrator. The Contract Administrator for this Agreement shall be: Dennis Miller, Facilities Manager. Section 3. The Work A. 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 All, attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but CCot75t1116011 SorViCCs Agreement I Vcrsicxt 1.0 they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. B. Shop Drawings, Product Data, and Samples. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents, but must be in conformity therewith. The purpose of their submittal is to demonstrate, for those portions of the Work for which submittals are required by the Contract Documents, the way by which the Contractor proposes to conform to the infonnation given and the design concept expressed in the Contract Documents. (i) "Shop Drawings" are drawings, diagrams, schedules and other data specifically prepared for the Work by the Contractor or a subcontractor, sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. (ii) "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (iii) "Samples" are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. The Contractor shall review for compliance with the Contract Documents and shall approve and submit to the Contract Administrator Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Contract Administrator without action. The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved in writing by the Contract Administrator, provided that submittals that are not required by the Contract Documents may be returned without action. The Work shall be completed in accordance with approved submittals, provided that the Contractor shall not be relieved of responsibility for deviations from Construction Sen -ices Agreement I Version 1.0 requirements of the Contract Documents by the Contract Administrator's approval of Shop Drawings, Product Data, Samples or similar submittals, unless the Contractor has specifically informed the Contract Administrator in writing of such deviation at the time of submittal and (1) the Contract Administrator has given written approval to the specific deviation as a minor change in the Work, or (2) a written Change Order has been issued and approved to authorize the deviation. The Contract Administrator's approval of the Shop Drawings, Product Data, Samples or similar submittals shall not relieve the Contractor of responsibility for errors or omissions therein. The Contractor shall, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, direct the Contract Administrator's attention to any additional revisions included other than those requested by the Contract Administrator on previous submittals. In the absence of such written notice drawing the Contract Administrator's attention to such additional revisions, the Contract Administrator's approval of a resubmission shall not apply to such additional revisions. The Contractor shall maintain at the Project site(s) one record copy of the Contract Documents in good order and marked currently to record field changes and selections made during construction and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These documents shall be available to the City and Contract Administrator and shall be delivered to the Contract Administrator or City upon completion of the Work. Section 4. Contract Term; Liquidated Damaees: Expedited Completion; Partial Occupancy or Use A. Contract Term. The term of this Agreement ("Term") shall commence on the Effective Date and continue until the earlier of the Final Completion or the proper termination and non -renewal of this Agreement (provided that certain obligations, including but not limited to Warranty obligations, will survive termination/expiration of this Agreement). Contractor warrants and represents that it will perform its Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The Contractor shall commence Work pursuant to this Agreement within five (5) business days of the Effective Date, and all Work shall be completed within (45) forty-five days from the Effective Date (the "Expected Date of Final Completion"). Reasonable extensions of time will be given for unseasonably inclement weather conditions. Every effort will be made by Contractor to shorten this period. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term and further, that this Agreement shall automatically renew on January l of each subsequent calendar year absent the City's provision of written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or Construction Ser\'Iccs A-reement I Version 1.0 other personal property shall remain in Contractor until fully paid for by the City. B. Time is of the Essence: Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer financial loss if the Work is not completed in accordance with the deadlines specified in Section 4(A) above and within the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the City if the Work is not completed within the specified times. Accordingly, instead of requiring any such proof, the City and Contractor agree that, as liquidated damages for delay (but not as a penalty), the Contractor shall pay to the City n/a and 00/100 Dollars ($ .00) for each and every calendar day that expires after a deadline provided in the Contract Documents. C. Expediting Completion. The Contractor is accountable for completing the Work within the time period provided in the Contract Documents. If, in the judgment of the City, the Work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to ensure timely completion of the entire Work or a separable portion thereof, the Contractor, when so informed by the City, shall immediately take action to increase the rate of work placement by: (1) An increase in working forces; (2) An increase in equipment or tools; (3) An increase in hours of work or number of shifts; (4) Expediting delivery of materials; and/or (5) Other action proposed if acceptable to City. Within five (5) calendar days after such notice from City that the Work is behind schedule, the Contractor shall notify the City in writing of the specific measures taken and/or planned to increase the rate of progress. The Contractor shall include an estimate as to the date of scheduled progress recovery. Should the City deem the plan of action inadequate, the Contractor shall take additional steps to make adjustments as necessary to its plan of action until it meets with the City's approval and such approval is provided in writing by the City. D. Partial Occupancy or Use. The City may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement between the City and Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the City and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasonably Coiistructicm Services Agrecmcnt I Version 1.O withheld. Immediately prior to such partial occupancy or use, the City, Contractor and Contract Administrator shall jointly inspect the area to be occupied, or portion of the Work to be used, in order to determine and record the condition of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. Section 5. Contractor's Compensation; Time and Method of Payment A. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $60,358.00 (the "Maximum Contract Price"), except as outlined in Section 6 below. The compensation for Work performed shall be based upon a flat fee, and Contractor represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. B. Additional Payment Requirements. Additional payment requirements are included as "Exhibit D", attached hereto and incorporated herein by reference. C. Material Deviations. 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 the City before charges are incurred and shall be handled through written Change Orders, as described in Section 6 below. Whenever the Contract Administrator considers it necessary or advisable, it shall have authority to require inspection or testing of the Work. However, neither this authority of the Contract Administrator nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Contract Administrator to the Contractor, subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. D. Taxes. The City is a governmental tax-exempt entity and shall not be responsible for paying any taxes on any materials or services provided for herein. At Contractor's request, City shall provide evidence of its tax-exempt status. To the extent, if any, that the City furnishes tangible personal property to Contractor for incorporation into the Project, Contractor shall be responsible for paying the amount of tax owed for such tangible personal property. Section 6. Change Orders A. Change Order Defined. A "Change Order" means a written modification of the Contract Documents, signed by representatives of the City and the Contractor with appropriate authorization. B. Right to Order Chances. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and ('01IshRuC6011 Serviccs Al i•eemciit I Versloll 1.0 executed by the Contractor and the City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed work. 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 the City and the Contractor. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Milton City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section 5(A) above. Any such Change Orders materially altering the terms of this Agreement, or gny 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 Milton City Council. E. Minor Changes in the Work. The Contract Administrator will have the authority to order minor changes in the Work not involving adjustment in the Maximum Contract Price or extension of the Tenn and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order signed by the Contract Administrator. The Contractor shall carry out such written orders promptly. If the minor changes subsequently may affect adjustments in the Maximum Contract Price or the Tenn, the changes shall then be converted to a written Change Order by the requesting Party. Section 7. Covenants of Contractor A. Ethics Code: Conflict of Interest. (i) 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 his 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 the City. If the City determines that a conflict of interest exists, the City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. The 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 ConstructiOn Services Agreement I Version 1.0 notify the City within five (5) business days of becoming aware of the existence of the conflict of interest. (ii) Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Meetings. The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City or the Contract Administrator. The Contractor will be given a minimum of three (3) full business days' notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of the contract for cause. C. Expertise of Contractor. Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of City and the Project in accordance with City's requirements and procedures, and Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. D. Proper Execution by Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, Construction Ser�-Ices Agreemem I Vet:sic»> 1.0 and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor as a result of not complying with the Contract Documents or not meeting the applicable standard of care or quality, including but not limited to those of repeated procedures and compensation for the Contract Administrator's services or expenses, will be provided at Contractor's expense and at no additional cost to the City. This provision shall survive termination of this Agreement. It is the Contractor's responsibility to be reasonably aware of all applicable laws, statutes, ordinances, building codes, and rules and regulations. If the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Contract Administrator and the City in writing of any portions of the Contract Documents that are at variance with the applicable laws, statutes, ordinances, building codes, and rules and regulations. The Contractor's duties shall not be diminished by any approval by the City or Contract Administrator of Work completed or produced; nor shall any approval by the City or Contract Administrator of Work completed or produced release the Contractor from any liability therefor, it being understood that the City is ultimately relying upon the Contractor's skill and knowledge in performing the Work required under the Contract Documents. Organization of the specifications into divisions, sections and articles, and arrangement of drawings shall not control the Contractor in dividing the Work among subcontractors or in establishing the extent of Work to be performed by any trade. E. Familiarity with the Work. (i) Contractor Familiarity with Work. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Contract Documents, site conditions, authorities, tests, reports and studies relative to that portion of the Work, as well as the information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the Project site(s) affecting it. Contractor represents and agrees that it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, inconsistencies, or ambiguities in the Contract Documents; however, any errors, inconsistencies, omissions, or ambiguities discovered by the Construdion Services Agrecment I Version l.(► Contractor shall be reported promptly to the Contract Administrator and City in writing. Contractor represents that it has given the City written notice of all errors, omissions, inconsistencies, or ambiguities that the Contractor has discovered in the Contract Documents so far, and the written resolution thereof by the City is acceptable to the Contractor. Further, Contractor acknowledges that its obligation to give notice of all such errors, omissions, inconsistencies, or ambiguities shall be continuing during the Term of this Agreement. Any failure on the part of the Contractor to notify the Contract Administrator and City in writing of any errors, omissions, inconsistencies, or ambiguities in the Contract Documents that Contractor discovered or reasonably should have discovered shall result in a waiver and full release by the Contractor of any future arguments or defenses based on such errors, omissions, inconsistencies, or ambiguities against the City. Further, if the Contractor fails to perform its obligations pursuant to this paragraph, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. (ii) Inspection of Prior Work. If part of the Contractor's Work depends for proper execution or results upon construction or operations by a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Contract Administrator apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the City's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable, and Contractor shall be responsible for all costs and damages resulting from its failure to report reasonably discoverable defects. (iii) Contractor Requests for Information. If, with undue frequency (as determined by the City in its sole discretion), the Contractor requests information that is obtainable through reasonable examination and comparison of the Contract Documents, site conditions, and previous correspondence, interpretations or clarifications, the Contractor shall be liable to the City for reasonable charges from the Contract Administrator for the additional services required to review, research and respond to such requests for information. F. Supervision, Inspection and Construction Procedures. The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Agreement, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety therefor and, except as stated below, shall be fully and solely responsible for the jobsite safety for such C0115t11IC6011 Services Aorccmcnt I Version U-) means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and Contract Administrator and shall not proceed with that portion of the Work without further written instructions from the City or Contract Administrator as approved in writing by the City. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of this Agreement. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (a) employees and other persons who may be affected, (b) the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site(s), under care, custody or control of the Contractor or Contractor's subcontractors or sub -subcontractors, and (c) other property at the Project site(s) or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the Project site(s) by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the City and Contract Administrator in writing. G. Tests and Inspections. Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, or ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made promptly at an appropriate time to avoid unreasonable delay in the Work. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the City, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Contract Administrator timely notice of when and where tests and inspections are to be made so that the Contract Administrator may be present for such procedures. Required permits or certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and delivered to the Contract Administrator within ten (10) calendar days of issuance. C'onstructiim Scrriees Aorcemcnt I Version H) H. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. I. City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, or specifications 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. J. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. K. Uncovering and Correction of Work. If a portion of the Work is covered contrary to the Contract Administrator's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Contract Administrator, be uncovered for examination by the Contract Administrator and be replaced at the Contractor's expense without change in the Agreement Term. If a portion of the Work has been covered which the Contract Administrator has not specifically requested to examine prior to its being covered or which the Contract Documents did not require to remain uncovered until examined, the Contract Administrator may request to see such Work, and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the City's expense, which expense shall be agreed upon in writing prior to being incurred. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense, unless the condition was caused by the City, in which event the City shall be responsible for payment of such costs including reasonable charges, if any, by the Contract Administrator for additional service, which expense shall be agreed upon in writing prior to being incurred. C'onstrueti<m Services ,1,,recment I Version 1.0 If the City prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the City may do so instead of requiring its removal and correction, in which case the Maximum Contract Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. L. Clean Up. Contractor shall keep the Project site(s) and surrounding area free from accumulation of waste materials or rubbish caused by operations under this Agreement. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the Contract Documents, the City may do so, and the cost thereof shall be charged to the Contractor. M. Contractors Representative. �i [INSERT NAME OF CONTRACTOR'S REPRESENTATIVE] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. N. 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 the City. Nothing contained in this Agreement shall be construed to make the Contractor, or any of its employees, servants or subcontractors, an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring of subcontractors, 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. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with the Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and the City may hire additional entities to perform Work related to this Agreement. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. O. Responsibility of Contractor and Indemnification of City. The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. This obligation to indemnify, 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. P. Insurance. (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, Construction Services Agreement I Version 1 .0 representatives, employees or subcontractors. All policies shall be subject to approval by the 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: $ 1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate comprehensive/extended/enhanced Commercial General Liability policy with coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, damage to premises/operations, products/completed operations, independent consultants and contractual liability (specifically covering the indemnity), broad -from property damage, and underground, explosion and collapse hazard. This coverage may be achieved by using an excess or umbrella policy. The policy or policies must be on "an occurrence" basis ("claims made" coverage is not acceptable). (b) Commercial Automobile Liability (owned, non -owned, hired): $1,000,000 (one million dollars) combined single limit per occurrence $2,000,000 (two million dollars) aggregate for comprehensive Commercial Automobile liability coverage (owned, non -owned, hired) including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability: $1,000,000 (one million dollars) limit Professional Liability policy for claims arising out of professional services and caused by the Contractor's errors, omissions, or negligent acts (required if any professional services will be provided). (d) Workers' Compensation and Employers' Liability: Workers' Compensation policy with 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, the Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Builder's Risk Insurance: N/A (f) Commercial Umbrella Liability Coverage: $ n/a_ per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing so that the City may ensure the financial solvency of the 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 Liabilily and Umbrella Liability Coverage. (i) Additional Insured Requirement. The City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self- insurance maintained by the Insured Parties shall be in excess of the Contractor's insurance and shall not contribute with it. l C11'i l;!'tiI'i+ll.`�i 'i•.'U.,:iS11'Ca'i3i,'D C!tJ 0I1 1.Ii (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 the 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 the Contractor for the 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 the Contractor for the 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 the City. The 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 ofIndeninification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(0) 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 Constn.ic.,14-)ii Services A4?tvf,.,1n-wn1 I VcnJ1171,11 shall be placed with insurer(s) with an A.M. Best Policyholder's rating of no less than "A-" and with a financial rate 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 the 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 the 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. The City reserves the right to require complete, certified copies of all required insurance policies at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced 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) Progress ss Payments: The making of progress payments to the Contractor shall not be construed as relieving the Contractor or its subcontractor or insurance carriers from providing the coverage required in this Agreement. Q. Bonds. N/A R. Assignment of Agreement. The 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 the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. ConstruC tirnt Service A-recment I Version 1.(1 S. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits C.1 and C.2" (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 its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit C.1", and submitted such affidavit to City or provided the 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 the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13- 10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as "Exhibit C.2", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10- 91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee C'onstructic»t SciA, ices Agreement I Ve siorn 1.0 shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law and shall be construed to be in conformity with those laws. T. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by the Contractor in accordance with applicable law and requirements prescribed by the 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. Coiistructuiri Scr;iccs Al r enient I Version 1.0 (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all Records in the form requested by the City. All Records stored on a computer database must be of a format compatible with the City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, Contractor shall make available to the City or City's representative(s) for examination all Records. The Contractor will permit the 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 the City, shall make the Records available for inspection at the City's office. Further, Contractor shall permit the 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, the City or City's representative(s) shall not interfere with or disrupt such activities. U. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions, or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the 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. CO)IStRI ti(Nl Services A,greemcnt I Version 1.0 V. Licenses, Certifications and Permits. The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement; provided that some permits or licenses related to the Project may be obtained as part of the Work and shall be obtained as required. The Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, which are customarily secured after execution of the Agreement and which are legally required. Contractor shall furnish copies of such pennits, licenses, etc. to the City within ten (10) days after issuance. W. Key Personnel. n/a X. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. Y. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work to be performed by the Contractor ("Materials") shall be the property of the City, and the City shall be entitled to full access and copies of all Materials in the form prescribed by the City. Any Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City whether or not the Project or Work is commenced or completed, provided, however, that Contractor may retain a copy of any deliverables for its records. The Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged, or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. Z. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. (.'ol1slrUCti011 Services A-reemem I Version 1.0 Section 8. Covenants of the City A. Right of Entry. The City shall provide for right of entry for Contractor and Contractor's equipment as required for Contractor to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Dennis Miller shall be authorized to act on the City's behalf with respect to the Work as the 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 6 above. Section 9. Final Proiect Documents; Warranty A. Final Project Documents. Prior to final payment, Contractor shall deliver to City a written assignment of all warranties, guaranties, certificates, permits, and other documents, including without limitation, all contractors' and manufacturers' warranties. At such time, Contractor shall also deliver to the City copies of all as - built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. B. Warranty/Guarantee. The Contractor warrants to the City and the Contract Administrator that materials and equipment furnished under the Agreement will be of good quality and new, unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. In addition to the general warranty above, Contractor warrants that the metal for gutters and downspouts will retain its finish for 20 years from the date of installation. These warranties exclude remedy for damage or defect caused by abuse by the City or modifications to the Work not executed by the Contractor or an employee/subcontractor/sub-subcontractor thereof. Contractor hereby assigns to City any warranties on building material products to the extent any do not apply directly to the City as consumer. Except as may be otherwise specified or agreed, the Contractor shall repair or replace all defects in workmanship appearing within three year(s) (the "Guarantee Period") from the date of Final Completion (as defined in "Exhibit D", attached hereto and incorporated herein by reference) at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the Guarantee Period to identify any issues that must be resolved by the Contractor. Expiration of any Guarantee Period shall not affect the Contractor's continued liability under an implied warranty of merchantability and fitness. All warranties implied by law, including fitness for a particular purpose and suitability, '011011COOII SCIA ICCS ,1` NC11101t I V I'S1(111 1 .0 are hereby preserved and shall apply in full force and effect beyond any Guarantee Period. Section 10. Termination A. For Convenience. The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor at least seven (7) calendar days in advance of the termination date. B. For Cause. The Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay the Contractor within thirty (30) calendar days of Contractor providing the City with notice of a delinquent payment and an opportunity to cure. The City may terminate this Agreement for cause as provided in Section 11 of this Agreement. The 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, and if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in Section 4(A) 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 the City. D. Pay=ntnt. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, and except as otherwise provided herein, the City shall, upon termination for convenience or statutory termination, pay Contractor for Work performed prior to the date of termination in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. At its sole discretion, the City may pay Contractor for additional value received as a result of Contractor's efforts, but in no case shall said payment exceed any remaining unpaid portion of the Maximum Contract Price. If this Agreement is terminated for cause, the City will make no further payment to the Contractor or its Surety until the Project is completed and all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this Agreement, exceeds the cost of finishing the Project, City shall provide payment to the Contractor (or its Surety) for services rendered and expenses incurred prior to the termination date, provided that such payment shall not exceed the unpaid balance of the amount otherwise payable under this Agreement minus the cost of completing the Project. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. E. Assumption of Contracts. The City reserves the right in termination for cause to Ccrostruchoii Services Agrecmcnt I \-ersicm 1.0 take assignment of all contracts between the Contractor and its subcontractors, vendors, and suppliers. The City will promptly notify the Contractor of the contracts the City elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. F. Conversion to Termination for Convenience. If the City terminates this Agreement for cause and it is later determined that the City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terns of Section 10(A) above. G. Requirements Upon Termination. Upon termination, the Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible if requested to do so by the City, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. H. Reservation of Rights and Remedies. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. City's Rishts; Contractor Default A. City Rights Related to the Work. (i) City's Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, as required by the Contract Administrator, or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. Such a stoppage of Work shall not extend the Expected Date of Final Completion of the Work. (ii) City's Right to Cagy Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) calendar day period after receipt of written notice from the City to commence and/or continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City's expenses and compensation for the Architect/Engineer's and/or Contract Administrator's additional services (if any) made necessary by such default, neglect or failure. If payments then or thereafter due L'UllslrUC11011 Scrt ices Agreement I Version 1.0 the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. B. Contractor Default. For the purposes of this Agreement, Contractor shall be in default if any of the following occur during the Term of this Agreement: (a) a failure to fulfill in a timely and proper manner Contractor's obligations under this Agreement; (b) Contractor violates any of the material provisions, agreements, representations or covenants of this Agreement or any applicable city, state, or federal laws, which do not fall within the force majeure provisions of this Agreement; (c) the Contractor becomes insolvent or unable to pay its debts as they mature, or makes an assignment for the benefit of creditors, or files a bankruptcy petition under the United States Bankruptcy Code; or (d) Contractor is the subject of a judgment or order for payment of money, which judgment or order exceeds $100,000 and is no longer subject to appeal or, in the opinion of the City, would be fruitless to appeal and where (i) such judgment or order shall continue un -discharged or unpaid for a period of thirty (30) calendar days, (ii) an insurer acceptable to the City has not acknowledged that such judgment or order is fully covered by a relevant policy of insurance, or (iii) the City is otherwise reasonably satisfied that such judgment or order is not likely to be satisfied or complied with within sixty (60) calendar days of its issuance. In the event of Contractor's default under this Agreement, the City shall send written notice to the Contractor setting forth the specific instances of the default and providing the Contractor with at least seven (7) calendar days to cure or otherwise remedy the default to the reasonable satisfaction of the City. If the default is not remedied during the stated cure period, then the City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge the Contractor for the costs of curing the default against any sums due or which become due to the Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to the City for such default. Section 12. Construction Administration RESERVED. Section 13. Miscellaneous A. Complete Agreement. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement, or promise relating to the subject matter of this Agreement not contained in this Agreement or the Contract Documents shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. 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 Coiistruction Scrvlccs Aorcc,meiit I Version 1.0 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. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidily of Provisions, Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to the 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 -today activities of the Work shall be exchanged between Dennis Miller for the City and �,ti [INSERT CONTACT NAME] for the Contractor. (2) racial 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 calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses 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 of Milton i �,l;l:•ai"tlt'ii�!ii �+,'I . f;:�.'r� r9� "t'�_'iil.'111 �. �'C�llii�l 1.(i Attn: City Manager 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Garland/DBS, Inc. 3800 East 915` Street Cleveland, OH 44105 G. Waiver of Agreement. No failure by the 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 the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the 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, warranties, and insurance maintenance requirements. 1. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. J. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal liability, except where Contractor is a sole proprietor. The Parties agree that their sole and exclusive remedy, claim, demand, or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. K. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; Construetiim Services Agreement I Versicm 1.0 0 (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. L. Headings. 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. M. No Third Part 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. N. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, each Party binds itself, its partners, successors, assigns, and legal representatives to the other Party hereto, its partners, successors, assigns, and legal representatives with respect to all covenants, agreements, and obligations contained in the Contract Documents. 0. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors in the Contract Documents. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may 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. P. 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 the City at law or in equity. Q. Use of Singular and Plural. 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. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. MA I M 13 ME Q Z I KG -1 I i Ire 11TIMUM 9-1-IMITOR CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney CONTRACTOR: Garland/DBS Inc. 1!!!�4 By: n Print Name:/ i�wl N. �t44e�A.►f e. Its: [CIRCLE ONE] President/Vice Presidento ra ion General Partner (Partnership/Limrted Partnership) Member/Manager (LLC) ` Owner (Sole Proprietorship/Individual) ; ..���PND/p�S�,, ' SEAL _ <.� O' R [CORPORATE SEAL] (required if corporation) Attest/Witness: Print Name: Its: ((Assistant) Corporate Secr6tary if corporation) Constntction Services A-reement I Version 1.0 Corporate Resolution to Ratify Act WHEREAS, David M. Sokol, as President of Garland Industries, Inc. and acting on behalf of Design -Build Solutions, Inc. (DBS), a subsidiary of Garland Industries, Inc., and be it; RESOLVED, that Garland Industries, Inc. authorizes Frank Percaciante, Controller, to sign bonds and bind the companies of Design -Build Solutions, Inc. (DBS), Garland/DBS, Inc., and The Garland Company, DBA: Design -Build Solutions, Inc. and Garland Industries, Inc. The undersigned hereby certifies that he is the duly elected President of Garland Industries, Inc., a company duly formed pursuant to the laws of the State of Ohio, and that the foregoing is a true record of a resolution adapted on December 10, 2008 in accordance with the bylaws of Garland Industries, Inc. and that said resolution is now in full force and effect without modification or rescission. IN WITNESS WHEREOF, I have executed my name as President and have hereunto affixed the Corporate Seal of the above-named corporation on this y,eg day of A1.00e.*4WM , 2017. sworn to and subscribed before me this G day of /,,j orjnr,.J.c r , 2017 Notary Public My Commission Expires: 4. 2V • ►9 'FERRI LYNN CASEY Notary Public In and for the State of Ohio My Commission Expires April 26, 20A "EXHIBIT A" Garland/DBS, Inc. 3800 East 91st Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Milton Fire Station 41 12670 Arnold Mill Road Milton, GA 30075 Date Submitted: 10/16/2017 Proposal #: 25 -GA -171160 MICPA # 14-5903 Georgia General Contractor License #: GCC0003281 Purchase orders to be made out to: Garland/DBS, Inc. 1 as,:!:.'(i•,afy p': +4rl3fL'j l; Kil/r(FH9 Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Cobb County, GA and U.S. Communities. This budget/estimate should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered a competitive bid process for the project with the hopes of providing a lower market adjusted price whenever possible. Scope of Work: New Architectural Shingle Roof 1. Remove the existing shingles and underlayment down to the wood decking. 2. Make any needed decking repairs to damaged, rotten, or missing areas at an additional cost. Provide a per sqft price on the bid form. Include 5 sheets of replacement in your bid price. 3. Dry in roof gutter trough with new decking and supports. 4. Install new AquaShield Ice and Water Shield underlayment throughout the roof area. 5. Install new 30 yr Architectural Shingles over the underlayment per specifications of the shingle manufacturer. 6. Fabricate and install new metal at all rake edges and eaves using 24 gauge kynar coated RMER SS Flat Stock. 7. Install new ridge vent at all ridges. 8. Install new lead boots on all pipes. 9. Install new collars on all heat vents. 10. Wire brush all rusted/corroded metal penetrations as prep work. 11. Prime all metal penetrations with Rust Go metal primer and coat them black with an enamel metal paint. 12. Remove the existing gutter and downspout drainage system. 13. Fabricate and install a new 6" box gutter on all eaves using new hangers, fastened per SMACNA requirements. This to be formed using 24-ga kynar coated RMer SS Flat Stock. 14. Fabricate and install new 4x5 downspouts a and attach them to all gutter outlets to provide sufficient drainage. This to be formed using 24-ga kynar coated RMer SS Flat Stock. 15. Install all new drainage components to include outlets, straps, elbows, etc. Scope ofWork: Wall Repairs andRe-sealing 1. Pressure wash the exterior of the building to remove dirt and staining. 2, At ONLY FAILED joints found at column bases, concrete cap block joints, wall penetrations, joint at transition between pre -cast concrete and brick, doors and windows, and vertical brick joints provide the following scope of work: a. As needed, remove failed wall joint sealant material and ensure a clean surface. b. Use protection to protect adjoining surfaces that could be stained c. As necessary, install backer rod as necessary to control depth d. Replace all removed sealant using color matched Tuff Stuff (white, sandstone, black or dark bronze) so it completely fills recesses using concave joint profile. 3. At failed cement joints, repair with Gar -Rock as noted on the data sheet. 4. Install one coat of new clear acrylic sealant to all split faced block areas at a rate of 1.5 gal per sq in one coat application. Scope of Work., Alternate #1 - Wall Repairs and Re - Sealing 1. Remove the failed sealants at the Four(4) garage bay doors. Repair these joints with GreenLock XL and backerrod. 2. Remove the failed sealants in the drainage trough as discussed in the pre-bid. Repair these joints using GreenLock XL and backerrod. 3. Seal approx eight(8`) Inft of window sealants using black Tuff Stuff MS. Item # Item Description Unit Price Quantity Unit Extended Price INSTALLATION OF SHAKE, TILE, OR SHINGLE ROOF SYSTEMS: REPLACING ARCHITECTURAL 16.12 SHINGLE ROOF SYSTEM - New Dimensional Shingle Roof System with Ease Sheet as an Underlayment, Install Self -Adhering Underlayment on All Eaves, Peaks & Valleys I $ 5.31 8,600 SF 1 $ 45,666 Sub "fetal Prior to Multipliers I 1 1 $ 45,666 _ase Bid Total Maximum Price of Line Items under the ICP $ 59,366 • AFr_ s, . Ben Hill Roofing $ 77,197 Innovative Roofing $ 104,089 Ben Hill Roofing $ 2,350 Innovative Roofing $ 3,546 *Alternate Contractor Must be Same as Base Bid Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. Proposal pricing valid through 12/31/2017. Clarifications/Exclusions: 1. Sales and use taxes are included. 2. Permits are excluded. 3. Bonds are included. 4. Plumbing, Mechanical, Electrical work is excluded. 5. Masonry work is included. 6. Temporary protection is excluded. 7. Any work not exclusively described in the above proposal scope of work is excluded. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, JOB SITE SPECIFIC MULTIPLIERS APPLIED TO EACH LINE ITEM ON ASSOCIATE JOB: MULTIPLIER - ROOF SIZE IS GREATER THAN 5,000 SF, BUT LESS THAN 10,000 SF 22.45 Multiplier Applied when Roof Size is Less than 10,000 SF, but Greater than 5,000 SF Fixed Costs: Equipment, Mobilization, Demobilization, Disposal, & Set -Up Labor are Not Completely Absorbed Across Roof Area 30% % 1 $ 13,699.80 Sub -Totals After Multipliers I 1 1 $ 59,366 _ase Bid Total Maximum Price of Line Items under the ICP $ 59,366 • AFr_ s, . Ben Hill Roofing $ 77,197 Innovative Roofing $ 104,089 Ben Hill Roofing $ 2,350 Innovative Roofing $ 3,546 *Alternate Contractor Must be Same as Base Bid Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. Proposal pricing valid through 12/31/2017. Clarifications/Exclusions: 1. Sales and use taxes are included. 2. Permits are excluded. 3. Bonds are included. 4. Plumbing, Mechanical, Electrical work is excluded. 5. Masonry work is included. 6. Temporary protection is excluded. 7. Any work not exclusively described in the above proposal scope of work is excluded. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, Steve Rojek Garland/DBS, Inc. (216) 430-3613 66EXIMI1' B99 11 ar I i'm IP hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Garland/DBS, Inc. or any of its subcontractors in connection with the construction of Milton Fire Station 41 Roofing Replacement for City of Milton, Georgia have been paid and satisfied in full as of 9 2C _, and that there are no outstanding obligations or claims of any kind for the payment of which City of Milton, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. Title Personally appeared before me this _ day of 20 who under oath deposes and says that he is of the firm of Garland/DBS, Inc., that he has read the above statement, and that to the best of his knowledge and belief same is an exact true statement. lgm..4g-lr � My Commission Expires STATE OF 010(/6 COUNTY OF "EXIIIBIT C.l" 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 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: AZ lG-_� I hereby declare under penalty of perjury that the Federal Work Authorization User Identification foregoing is true and correct. C14, / Number Atedon'z , 20/7 in G. `•+.-`.�►+ •l /4 • �� O / � s Date of Authorization ND/D&Szed Officer or Agent Garland/DBS. Inc.Name of Contractor _ . T� 1. S E AL Nnfed Name and Title of Authorized OffiaYor Fire Station 41 Roofing ReplacemenE ..--Agent Name of Project �t1 ar!AR�,..1;UBSCRIBED AND SWORN BEFORE City of Milton, Georgia 0"''', ME ON THIS THE 2 DAY OF Name of Public Employer �/ , 20/ No Public [NOTARY SEAL] My Commissi1 Exp res: IA -: 2 eF r"Fsry Heidi Jeanette Dobson ku State of Ohio ° Notary Public 0 r No. 2016 -RE -613322 My Commission Expires 111512021 "EXHIBIT C.2" SUBCONTRACTOR AFFIDAVIT STATE OF _ COUNTY OF By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affinnatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Garland/DBS, Inc. on behalf of the City of Milton has registered with, is authorized to use, and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Fire Station 41 Roofing Replacement Name of Project City of Milton. Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 201_ in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,201`. NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: 66EXMIT D99 A. Defined Terms. Terms used in this Agreement shall have their ordinary meaning, unless otherwise defined below or elsewhere in the Contract Documents. (i) "Final Completion" means when the Work has been completed in accordance with terms and conditions of the Contract Documents. B. Payment for Work Completed and Costs Incurred. City agrees to pay the Contractor for the Work performed and costs incurred by Contractor upon certification by the Contract Administrator and the City that the Work was actually performed and costs actually incurred in accordance with this Agreement. Compensation for Work performed and reimbursement for costs incurred shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. The City shall pay the Contractor within thirty (30) calendar days after approval of the invoice by City staff, less any retainage as described in Section D below. No payments will be made for unauthorized work. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor's expense. C. Evaluation of Payment Re nests. The Contract Administrator will evaluate the Contractor's applications for payment and will either issue to the City a Certificate for Payment (with a copy of the Contractor's application for payment) for such amount as the Contract Administrator determines is properly due, or notify the Contractor and City in writing of the Contract Administrator's reasons for withholding certification in whole or in part. The Contract Administrator may reject Work that does not conform to the Contract Documents and may withhold a Certificate of Payment in whole or in part, to the extent reasonably necessary to protect the City. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. Even following a Certificate of Payment, the City shall have the right to refuse payment of any invoice or part thereof that is not properly supported, or where requests for payment for Work or costs are in excess of the actual Work performed or costs incurred, or where the Work product provided is unacceptable or not in conformity with the Contract Documents, as determined by the City in its sole discretion. The City shall pay each such invoice or portion thereof as approved, provided that neither the approval or payment of any such invoice, nor partial or entire use or occupancy of the Project by the City, shall be considered to be evidence of performance by the Contractor to the point indicated by such invoice, or of receipt or acceptance by the City of Work covered by such invoice, where such work is not in accordance with the Contract Documents. D. Final Pay!pent and Retainage. The Contractor through each invoice (except the final invoice) may request payment for no more than ninety percent (90%) of that portion of the Work completed during the term covered by each invoice as agreed upon by the Contract Administrator or the City. All amounts retained by the City shall be held as a lump sum until Final Completion of all Work, regardless of earlier completion of individual component(s) of the Work. The final payment issued by the City shall include all amounts retained by the City wider this paragraph, subject to any deviations in the Work or Change Orders executed pursuant this Agreement. Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) Garland/DBS, Inc. 3800 East 91 st Street Cleveland, OH 44105 OWNER: (Nance, legal status and address) City of Milton 2006 Heritage Walk Milton, GA 30004 CONSTRUCTION CONTRACT Date: 11/2/2017 Amount: $60,358.00 83C1i is (�ratne and location) ral.7 I Stattrin 1141 - iv lton GA `..BOND Bate: • I ` J14917 sAan Construction Contract Date) Amount: $60,358.00 Bond Number: 30015695 SURETY: (Nance, legal status and principal place of business) Western Surety Company 333 S. Wabash Avenue, 41st Floor Chicago, IL 60604 State of Inc: South Dakota Modifications to this Bond- F71 None = See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Garland/DBS, Inc. � Western Surety Company Signature: S1gnat ure:�. Name Frank A. Percaciante, Controller Name Cathy L. oodruff, Attorney -in -Fact And Title: And Title: (AnY additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Marsh USA Inc. (Architect, Engineer or other parhy: ) 200 Public Square Cleveland, OH 44114 216-937-1379 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice; request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to acontractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain anew contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedyavailable to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract, Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety Linder Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made. including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided beloit,for additional sigizatitt-cs of addedparties, otherthan those appearing ori the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address Document A312T"" - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Nance, legal status and address) Garland/DBS, Inc. 3800 East 91 st Street Cleveland, OH 44105 OWNER: (Name, legal staters and address) City of Milton 2006 Heritage Walk Milton, GA 30004 CONSTRUCTION CONTRACT Date: 11/2/2017 Amount: $60,358.00 Description: (Name and location) Fire Station #41 - Milton GA Bond Number: 30015695 SURETY: (Nance, legal status and principal place of business) Western Surety Company 333 S. Wabash Avenue, 41st Floor Chicago, IL 60604 State of Inc: South Dakota BOND Dom;'11/2/2017 D "t• �� ef-t than Construction Contract Date) z�' .•'�ORAT�'• ' UO N"unE $60.358.00 Modifications to this Bond: F None See Section 18 • DELAO�r�� CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Garland/DBS, Inc. Western Surety Company Signature: Inc Signature: Gkx2!Ae44i------ Name Frank A. Percaciante, Controller Name And Title: And Title: Cathy L. oodruff, Attorney -in -Fact (Arty additional signatures appear on the last page of this Pgvment Bond) (FOR INFORMATION ONLY— Nance, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Marsh USA Inc. (Architect, Engineer or other party: ) 200 Public Square Cleveland, OH 44114 216-937-1379 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor; materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and holdharmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 havefurnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety tat the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim; stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 6 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this bond, subject to the Owner's priority to use the funds for the completion of the work. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1 .2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first ogcurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished, .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief. description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract, .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .i the total amount of previous payments received by the Claimant; and .8 the total amount clue and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to Furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of the Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is pi-oi,ideclbeloit,,fi)i-tictclitinizalsigticitifres of addedparties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Cotporate Seal) Signature: Signature. Name and Title: Name and Title: Address Address State of OH County of Cuyahoga SS: On 11/02/2017 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Cathy L. Woodruff known tome to be Attorney -in -Fact of Western Surety Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official se , the day and year stated in this certificate above. 1 My Commission Expires 8/26/2022 \(j j )� , y � 'T La anya dwin Notary Public "9LATAO AAGOODWIN STATE OF OHIO • �ci, - Recorded in County Cuyahoga s12612022 �:•', My Comm. Exp• Know All Men By These Presents, That WESTERN SLIRETY COMPANY, a South Dukota corporation, is a duly organized and existing corporation having its principal Office in the City Of SiOLEX Falls. and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Cathy L. Woodruff , Individually of Cleveland, OH its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its bchall'bonds, undertakings and other obligatory instruments or similar nature - In Unlimited Amounts— and mounts— Surety Bond Number: 30015695 Principal: Garland/DBS, Inc. Obligee: City of Milton and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power ol'Attorney is made and executed pursuant to and by authority ofthe By -Law printed on the reverse hereol'. duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SL,JRI-','FY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 3rd day of June, 2015 WESTERN SURETY COMPANY State of'South Dakotass ) County of Minnelialia f On this 3rd day of'June, 2015, before me personally came Paul T. BrUnat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls. State of South Dakota-, that he is the Vice President of WESTERN SURLTY COMPANY described in and which executed the above instrument, that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it —as so affixed pursuant to authority given by the Roard of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My cominiqsion expires S. EICH Februry a 12,2021 1 NOTA OTAPUB RY LIC .M.501LITH DAKOTA IR S IACII'Iqotar} Public CERTIFICA'11', 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 2nd day of November , 2017 - c WESTERN SURETY COMPANY �_' 01�1 �N, k��q"'0 V Neeson,A,,.7,t�a.l form t'424t)-7-wL+t2 ...... 'ucr C;:zatV' '-f;_ cc resident State of'South Dakotass ) County of Minnelialia f On this 3rd day of'June, 2015, before me personally came Paul T. BrUnat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls. State of South Dakota-, that he is the Vice President of WESTERN SURLTY COMPANY described in and which executed the above instrument, that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it —as so affixed pursuant to authority given by the Roard of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My cominiqsion expires S. EICH Februry a 12,2021 1 NOTA OTAPUB RY LIC .M.501LITH DAKOTA IR S IACII'Iqotar} Public CERTIFICA'11', 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 2nd day of November , 2017 - c WESTERN SURETY COMPANY �_' 01�1 �N, k��q"'0 V Neeson,A,,.7,t�a.l form t'424t)-7-wL+t2 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-l.aw duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of'any such officer and the corporate seat may be printed by facsimile. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 10/27/2017 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA, Inc. 4400 Comerica Bank Tower 1717 Main Street Dallas, TX 75201-7357 Attn: dallas.ceas@marsh.com CN102137489--DBS-16-17 CONTACT NAME: PHONE FAX No : E-MAIL ADDRESS: _ INSURER(S) AFFORDING COVERAGE MAIC # INSURER A: ironshoreSpecialty Ins. Company 25445 INSURED Gadand/DBS,Inc. 3800 East 91st Street Cleveland, OH 44105 INSURER B: Travelers Indemnit Co 25658 INSURER C : Liberty insurance Underwriters Inc. 19917 INSURER D: Travelers Proa Casualt Com an of America 25674 INSURER E : Hartford Fire Company 19682 EACH OCCURRENCE. $ 1,000,000 _Insurance INSURER F f+1=0'r11:l1'ATC A111ftAOr-Do Wit 14HHY.hYH00414. REV1791UN 1VUIYIor-im; z. 1JVVCI\/'1V Lel THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSO I s-UBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X 002589901 12/05/2016 12/05/2017 EACH OCCURRENCE. $ 1,000,000 DAMAGE T RE TED 500,000 PREMISES. (Ea occurrence) $ 177-1 CLAIMS -MADE OCCUR _ MED EXP (Any one person) 5 10,000 X SIR -$100,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 71 POLICY I JPRO- ECT 1:1 LOC OTHER: B AUTOMOBILE LIABILITY X X 810 -5G239979 -IND -16 12105/2016 12/05/2017 COMBINED SINGLE LIMIT Ea ac $ 1,000,000 cident BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ - - --- OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $. Per accident $ X OCCUR X X 1000021688-07 12/05/2016 12/0512017 EACH OCCURRENCE $ 5,000,000 AGGREGATE $. 5,000,000 xdUMBRELLALIAB EXCESS LIAB CLAIMS -MADE DED RETENTION S D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBEREXCLUDED? ran��a�to.y h n+u) If yes, describe under DESCRIPTION OF OPERATIONS below / A X PJUB-5G220236-16 151 12/05/2017 X IPER STATUTE ETH E.L. EACH ACCIDENT $ 1,000,000 ^_ E.L. DISEASE. - E_A_EMPL_OY_ EE1,0 00;000. _ __ 00, $ IT 1,000,000 E.L. DISEASE- POLICY LIMIT $ E Inland Marine 83 MS VV9553 (Ded: 50,000) 12105/2016 12/05/2017 Installation Floater 900,000 E Inland Marine 83 MS VV9553 (Ded: $2,500) 12/05/2016 12/05/2017 Leased/Rented Equip 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101,. Additional Remarks Schedule, may be attached if more space is required) Re: Project: Milton Fire Station 41 Roofing Replacment Certificate Holder is included as additional insured where required by written contract with respect to General Liability and Auto Liability. Waiver of subrogation is applicable where required by written contract and subject to policy terms and conditions. r`AkIL"C:I I ATI171M City of Milton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2006 Heritage Walk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Milton, GA 30004 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee V ivotf-GUTO AwRD %,umrvr6A1 iviv. MI 11ly I IC, 1Y.JC1 VCU. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102137489 LOC #: Dallas Page 2 of C)RO ADDITIONAL REMARKS SCHEDULE AGENCY Marsh USA, Inc. POLICY NUMBER CARRIER MAIC CODE NAMED INSURED Garland/DBS, Inc, 3900 East 91 st Street Cleveland, ON 44105 EFFECTIVE DATE: iAGVB'CU 7V1 (LUUB/UlJ The ACORD name and logo are registered marks of ACORD Y•'!rr' f.1 �i �',1 a't4.+ter IRONSHORE SPECIALTY INSURANCE COMPANY Mailing Address: 75 Federal Street 5th Floor Boston, MA 02110 Toll Free: (877) IRON411 Endorsement # 13 Policy Number: 002589901 Effective Date of Endorsement: December 05, 2016 Insured Name: GARLAND INDUSTRIES, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT A. Section II - Who Is An Insured is amended to include any person or organization you are required to include as an additional Insured on this policy by a written contract or written agreement in effect during this policy period and executed prior to the "occurrence" of the "bodily injury" or "property damage." The insurance provided to the above described additional insured under this endorsement Is limited as follows: 1. SECTION 1— COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY only. 2. The person or organization is only an additional insured with respect to liability arising out of "your work" or "your product' for that additional insured. 3. In the event that the Limits of Insurance provided by this policy exceed the limits of Insurance required by the written Contract or written agreement, the insurance provided by this endorsement shall be limited to the Limits of Insurance required by the written contract or written agreement. This endorsement shall not Increase the Limits of Insurance stated in the Declarations pertaining to the coverage provided herein. 4. The Insurance provided to such an additional insured does not apply to "bodily injury" or "property damage" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: 1. The preparing, approving or falling to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and il. Supervisory, inspection, architectural or engineering activities. 5. This Insurance does not apply to "bodily Injury" or "property damage" arising out of "your work" or "your product" included in the "products -completed operations hazard" unless you are required to provide such coverage by written contract or written agreement and then only for the period of time required by the written contract or written agreement and In no event beyond the expiration date of the policy. 6. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible Insurance available to the additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this Insurance apply on a primary or non-contributory basis. CGL.END.022 (05/09) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. -/�/ I -A -L' Authorized Representative December 2. 2016 Date CGL.END.022 (05/09) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 2 of 2 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following Is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately Insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily Injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this Insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained In Section 11. C. EMPLOYEE HIRED AUTO 1. The following Is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "Insured" while Who Is An Insured, of SECTION II — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 0310 ® 2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services office, Inc. with Its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. In B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that Individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver Is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow In your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMPPS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.s.(4), of SECTION II — LIABILITY COVERAGE: (4) Ail reasonable expenses Incurred by the "insured" at our request, Including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph 8.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere In the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro - habits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that Is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (If you aro a partnership), members (If you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States . of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (1) You must arrange to defend the "In- sured" against, and Investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac. tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (ill) We may, at our discretion, participate In defending the "Insured" against, or in the settlement of, any claim or "suit". (Iv) We will reimburse the "inured" for sums that the "Insured" legally must pay as damages because of "bodily Injury" or "property damage" to which this Insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION 11— LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses Incurred with our consent for your Investiga- tion of such claims and your defense of the "Insured" against any such "suit", but only up to and Included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- AGE, and not In addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance In pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 © 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance services Office, Inc. with Its permission. to the "insured" whether primary, excess contingent or on any other basis. (c) This Insurance Is not a substitute for re- quired or compulsory Insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance In any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of Insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following Is added to Paragraph D., Deducti- ble, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use Is $65 per day, to a maximum of $750 for any one "accident'. 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for 'loss" to wearing ap- parel and other personal effects which are: (1) Owned by an 'Insured'; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. if that "auto" Is a covered "auto" for Compre- hensive Coverage under this policy: b. The airbags are not covered under any war- ranty; and c. The airbags were not Intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or 'lose" ap- plies only when the "accident' or 'loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or Insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". CA T3 53 03 10 ® 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated In such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 8.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error In, any information given by you shall not prejudice your tights under this Insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 es 2010 The Travelers Indemnity Company. CA T3 53 0310 Includes copyrighted material of Insurance Services Office. Inc. with Its permission. SHC)I I ;f J IRONSHORE SPECIALTY INSURANCE COMPANY Mailing Address: 75 Federal Street 5th Floor Boston, MA 02110 Toll Free: (877) IRON411 Policy Number: 002589901 Insured Name: GARLAND INDUSTRIES, INC. Endorsement # 3 Effective Date of Endorsement: December 05, 2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice: 60 Days (If no entry appears above, Information required to complete this Schedule will be shown In the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided In paragraph 2. of either the CANCELLATION Common Polity Condition or as amended by an applicable state cancellation endorsement, Is increased to the number of days shown in the Schedule above. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. December 2, 2016 Authorized Representative Date CGL.END.003 (05/09) Includes copyrighted material of Insurance Services Office, Inc, with Its permission. Page 1 of 1 .SHORI IRONSHORE SPECIALTY INSURANCE COMPANY Mailing Address: 75 Federal Street Sth Floor Boston, MA 02110 Toil Free: (877) IRON411 Endorsement # 40 Policy Number: 002589901 Effective Date of Endorsement: December 05, 2016 Insured Name: GARLAND INDUSTRIES, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract Information required to complete this Schedule, If not shown above, will be shown in the Declarations. The following Is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Condltions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for Injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and Included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. Authorized Representative December 2. 2016 Date CGL.END.017 (05/09) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 S'HORI fi IRONSHORE SPECIALTY INSURANCE COMPANY Mailing Address: 75 Federal Street Sth Floor Policy Number: 002589901 Insured Name: GARLAND INDUSTRIES, INC. Boston, MA 02110 Toll Free: (877) IRON411 Endorsement # 12 Effective Date of Endorsement: December 05, 2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided by the policy as follows: Notwithstanding any other provision of the policy to the contrary, the insurance afforded by this policy for the benefit of the Additional Insured shall be primary Insurance, but only with respect to any claim, loss or liability arising out of the Named insured's operations; and any Insurance maintained by the Additional Insured shall be non-contributing. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. _/�/ I -A-11 Authorized Representative December 2.2016 Date CGL.END.021 (04/10) Page 1 of 1 POLICY NUMBER: P -810 -513239979 -IND -16 COMMERCIAL AUTO ISSUE DATE: - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fled by this endorsement. SCHEDULED PERSONS OR ORGANIZATIONS PROVISIONS A. The following is added to Paragraph c. in A. 1., Who Is An Insured, of SECTION II -LIABILITY COVERAGE: Any person or organization shown above who is required under a written contract or agreement between you and that person or organization, that Is signed and executed by you before the "bodily Injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional Insured is an "Insured" for Liability Cov- erage, but only for damages to which this insur- ance applies and only to the extent that person or organization qualifies as an "Insured" under the Who Is An Insured provision contained in Section II. B. The following Is added to Paragraph 0., Other Insurance, in B. General Conditions of SEC. TION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, if the scheduled person " or organization shown above has other insurance under which it is the first named insured and that insurance also ap- plies, then this insurance is primary to and non- contributory with that other insurance when the written contract or agreement between you and that scheduled person or organization, that is signed and executed by you before the "bodily in- jury" or "property damage" occurs and that Is In effect during the policy period, requires this Insur- ance to be primary and non-contributory. CA Tri 42 04 09 0 2008 The Travelers Companies, Inc. Page 1 of 1 .SHORI: IRONSHORE SPECIALTY INSURANCE COMPANY Mailing Address: 75 Federal Street 5th Floor Policy Number: 002589901 Insured Name: GARLAND INDUSTRIES, INC. Boston, MA 02110 Toll Free: (877) IRON411 Endorsement # 27 Effective Date of Endorsement: December 05, 2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Where required by written contracts Where required by written contracts Information required to complete this Schedule, if not shown above, will be shown In the Declarations. A. Section II —Who is An Insured is amended to Include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or In part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional Insured and Included in the "products -completed operations hazard". B. With respect to the insurance afforded to these additional Insureds, the following Is added to Section III - Limits of Insurance: If coverage provided to the additional Insured is required by contract or agreement, the most we will pay on behalf of the additional Insured is the amount of Insurance: 1.11equired by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown In the Declarations; whichever is less. This endorsement shall not Increase the applicable Limit of insurance shown in the Declarations. CGL.END.076 (0914) Includes copyrighted material of Insurance Services office, Inc. with Its permission. Page 1 of 2 However, 1. The Insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured Is required by contract or agreement, the Insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. �c� l December 2, 2016 Authorized Representative Date CGL.END.076 (0914) Includes copyrighted material of Insurance Services office, Inc. with Its permission. Page 2 of 2 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 0313 (00). POLICY NUMBER: PJ -UB -6G220286_16 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: DATE OF ISSUE: - - ST ASSIGN: TO: FROM: AGENDA ITEM: MEETING DATE: MILTONtt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 13, 2017 Steven Krokoff, City Manager Consideration of a Resolution to Amend the City's Personnel Policy Handbook to Revise the PTO Buy -Back Percentage. Monday, November 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (_�/ ES () NO CITY ATTORNEY REVIEW REQUIRED: (J, -(ES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: fit 7-C) Lc' 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us 1 www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on November 9, 2017 for the November 20, 2017 Regular Council Meeting Agenda Item: Approval of a Resolution to amend the City’s Personnel Policy Handbook to revise the PTO buy-back percentage. ____________________________________________________________________________ Department Recommendation: Approve proposed revisions to the City’s Personnel Policy Handbook to correct the table for PTO buy-back. Executive Summary: The information presented to employees in regard to the PTO buy- back reflected a 50% payout for hours 33-48 returned to the City. When this item was initially considered by Council on July 10, 2017, this level of approved at 33%. This agenda item corrects that error. Funding and Fiscal Impact: Funds were budgeted to provide 50% credit at that 33-48 hour level. Alternatives: Other Council directed action. Legal Review: Megan Martin – Jarrard & Davis 11/9/2017 Concurrent Review: Attachment(s): Resolution to revise PTO buyback percentages Page 1 of 4 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION TO AMEND THE PERSONNEL POLICY OF THE CITY OF MILTON THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES while in regular session at 6:00 PM on the 20th day of NovemberJanuary, 20173 as follows: WHEREAS, the City of Milton was incorporated upon the passing of the House Bill 1470 in the 2006 Legislative Session of the Georgia General Assembly; and WHEREAS, the Mayor and Council are the governing authority of the City of Milton; and WHEREAS, the Mayor and Council are charged with the protection of the health, safety and welfare of the citizens of Milton; and WHEREAS, on December 5, 2011 the City Council passed an ordinance allowing the Personnel Policies to be adopted via resolution; and WHEREAS, the Human Resources Department in conjunction with the City Manager has comprehensively developed the Personnel Policies Handbook, consisting of policies relating to Personnel Administration; Attendance and Work Hours; Employee Status Changes; Hiring and Selection; Performance Management and Review; Termination; Use of City Property and Equipment; Safety and Accident Reporting; Compensation; Employee Benefits; Employee Leave; Standard of Conduct; Discipline; Grievance Procedures; Workplace Discrimination and Harassment; and Substance Abuse and Alcohol and Drug Testing in order to provide guidance and direction to city staff and employees, to establish standard policies for recurring matters, to establish strong personnel management policies and legal compliance, and to provide for an efficient and effective means to operate the government; and WHEREAS, the Human Resources Department in conjunction with the City Manager has developed amended policies to address outstanding issues related to tuition reimbursement, compensating employees, educational incentives for Police and Fire personnel who meet certain milestones, and the definition of a full-time employeecorrect the PTO buy-back table to reflect rates originally proposed to employees; and (a) WHEREAS, the revised policy would read: Paid Time Off Buy-Back As an incentive to decrease employee absenteeism and abuse of sick leave, the City will offer a paid time off buy-back program. If hours are available, each employee will be able to sell back up to 48 hours of paid time off. In Formatted: Indent: Left: 0.75", No bullets or numbering Page 2 of 4 order to qualify, employees must have accrued the number of paid time off hours they wish to sell back. Up to 16 hours of sold back paid time off will be paid at 100% of the employee’s regular rate of pay. The remaining hours sold back will be paid at the rates reflected in the following chart: 1-16 Hours 100% 17-32 Hours 75% 33-48 Hours 50% Rate of Pay for Sold Back PTO Hours ; and WHEREAS, the Human Resources Department in conjunction with the City Manager has developed a new Vacation and Sick Leave Policy for Police and Fire employees hired after the adoption of this resolution and employees that voluntarily opt into the new plan that adjusts accrual rates, offers a vacation buy-back program, and changes the sick leave accrual and usage methods; and WHEREAS, the previous policy is attached and labeled as Exhibit A; and WHEREAS, upon adoption, staff will incorporate the above policies into the City’s daily operations to effectuate the management of City personnel resources; and WHEREAS, the City intends to utilize these policies and procedures in all applications which warrant such oversight. NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL. By passage of this resolution, the City of Milton Mayor and City Council hereby adopt the amended Personnel Polices of the City of Milton attached hereto as Exhibit “A”. Formatted: Indent: First line: 0.5" Formatted: Font: Not Bold Formatted: Indent: First line: 0.5" Page 3 of 4 RESOLVED this 20th day of November, 2017 19th day of March, 2012. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk (Seal) Formatted: No bullets or numbering Page 4 of 4 Exhibit A – Previous Policy Paid Time Off Buy-Back As an incentive to decrease employee absenteeism and abuse of sick leave, the City will offer a paid time off buy-back program. If hours are available, each employee will be able to sell back up to 48 hours of paid time off. In order to qualify, employees must have accrued the number of paid time off hours they wish to sell back. Up to 16 hours of sold back paid time off will be paid at 100% of the employee’s regular rate of pay. The remaining hours sold back will be paid at the rates reflected in the following chart: 1-16 Hours 100% 17-32 Hours 75% 33-48 Hours 33% Rate of Pay for Sold Back PTO Hours PER M1 LTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: N�mber 13, 2017 FROM: Steven Krokoff, City Manager 9 AGENDA ITEM: Approval of the following Subdivision Plat - Consent: Name of Development / Comments / Total Location Action # lots Acres Density 1. 15605, 15613 & 15619 Hopewell Minor LL 403 & 462 Plat 3 Lots 20.36 .14 Lots / acre Ho ewell Road MEETING DATE: Monday, November 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,,APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (�rN0 CITY ATTORNEY REVIEW REQUIRED: () YES (4-<0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 1 1 I ?°I T0 11 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info9dtyofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on November 14, 2017 for the November 20, 2017 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Plat List, Location Map, Plats Consent Agenda Plats Staff Memo Page 2 of 6 Name of Development / Location Action Comments / # lots Total Acres Density 1. 15605, 15613 & 15619 Hopewell LL 403 & 462 Hopewell Road Minor Plat 3 Lots 20.36 .14 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 6 Consent Agenda Plats Staff Memo Page 4 of 6 Consent Agenda Plats Staff Memo Page 5 of 6 Consent Agenda Plats Staff Memo Page 6 of 6 TO: FROM: AGENDA ITEM: MEETING DATE: MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 13, 2017 Steven Krokoff, City Manager Proclamation Recognizing National Adoption Month. Monday, November 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES ((NO CITY ATTORNEY REVIEW REQUIRED: () YES (AAO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: f i I Z0110t, 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us National Adoption Month 2017 WHEREAS, in 1984, President Ronald Reagan proclaimed the first National Adoption Week, and President Bill Clinton expanded the awareness week to the entire month of November; and WHEREAS, expressing support for the goals of National Adoption Month by promoting national and local awareness of adoption and children awaiting families, celebrating children and families involved in adoption, and encouraging the people of the United States and the State of Georgia to secure safety, permanency, and well-being for all children; and WHEREAS, there are millions of unparented children in the world, including 427,910 children in the foster care system in the United States, approximately 111,820 of whom are waiting for families to adopt them, of which 62 percent are age 10 or younger; and WHEREAS, Whereas 50 percent of individuals in the United States believe that children enter the foster care system because of juvenile delinquency, when in reality the vast majority of children who have entered the foster care system were victims of neglect, abandonment, or abuse; WHEREAS, in the State of Georgia in 2016 there were approximately 11,000 children in foster care last year; 2,370 of these children have a permanency goal of adoption. Out of those children, there are approximately 250 children who are available for adoption and in need of loving, permanent homes; and WHEREAS, between the years of 2000 and 2016 there have been 251,381 intercountry adoptions in the United States from a wide variety of countries including 7,102 intercountry adoptions completed by families here in the State of Georgia; and WHEREAS, family reunification, kinship care, and domestic and intercountry adoption promote permanency and stability to a far greater degree than long-term institutionalization or long-term, often disrupted, foster care; WHEREAS, every day, loving and nurturing families are strengthened and expanded when committed and dedicated individuals make an important difference in the life of a child through adoption. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby dedicate and proclaim November 2017 as “National Adoption 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 20th day of November, 2017. _______________________ Joe Lockwood, Mayor 6P M I LTO N It' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2017 FROM: Steven Krokoff, City Manager&/ AGENDA ITEM: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. MEETING DATE: Monday, November 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (-j"NO CITY ATTORNEY REVIEW REQUIRED: () YES (-J'NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: < < 1 ?"f Lb 1l 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Teresa Stickels, Sustainability Coordinator Date: Submitted on October 31, 2017 for the November 6, 2017 Regular Council Meeting for First Presentation and November 20, 2017 for Unfinished Business Agenda Item: Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton. ____________________________________________________________________________ Department Recommendation: Re-affirm the ordinance approving and establishing the regulation of solid waste collection services within the City of Milton and direct City Staff to facilitate the contracting of such services to providers currently in operation and those who may become in operation. There are no recommended changes to this year’s ordinance. Executive Summary: The original ordinance was passed on November 21, 2006 and has been approved each successive year since its original enactment. The City’s authority to enter into solid waste franchise agreements originates from this ordinance. This ordinance requires approval each year in order to continue the enforcement of our solid waste franchise agreements. The following companies are on the current list of approved haulers: Advanced Disposal Allegiance Sanitation American Disposal Arrow Waste Custom Disposal Grogan Disposal GW Lovelace Henry Edward Kincaid M&M Waste Republic Services Sanitation Solutions Waste Management Waste Pro Page 2 of 2 Funding and Fiscal Impact: The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the city quarterly in the amount of 5% of gross receipts. As of October 2017 the revenue collected was $94,110.34. The FY17 third quarter payments are due November 15, 2017, after which we will have the totals for FY 2017. Alternatives: If not approved, the City would lose its authority to regulate solid waste collection within our corporate limits and the ability to collect franchise fees for the same activity, with the accompanying loss of revenue. Legal Review: n/a Concurrent Review: Steve Krokoff, City Manager Kathleen Field, Community Development Director Attachment(s): Solid Waste Ordinance Page 1 of 21 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE REAFFIRMING AND ESTABLISHING CHAPTER 46 OF THE MILTON CODE OF ORDINANCES GOVERNING SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF MILTON; PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION; PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE; REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON-EXCLUSIVE AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES FOR THE HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING WITHOUT CONSENT; PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER PROVISIONS. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on November 20, 2017 at 6:00 p.m. as follows: SECTION 1. The City of Milton (“City”) seeks to provide standards of operation, regulation, and oversight in the providing of solid waste services within the corporate city limits; SECTION 2. The City currently recognizes the following companies as “Approved Haulers” in the City limits: Advanced Disposal, Allegiance Sanitation, American Disposal Services, Arrow Inc., Custom Disposal, Grogan’s Disposal, GW Lovelace, Henry Edward Kincaid, M&M Waste, Republic Services, Sanitation Solutions, Waste Management, and Waste Pro; SECTION 3. The City seeks to confirm the “Approved Haulers” list as long as the companies are found to be acting consistently with the Ordinance and recognizes that the City Council may seek to amend the Approved Haulers List as need arises and in accordance with the established Solid Waste Ordinance; SECTION 4. It is in the interest of the City and its citizens to offer companies currently providing such services a non-exclusive contract on such terms and conditions that will provide the City with the controls and options necessary to provide for the public good; SECTION 5. Chapter 46 of the Milton City Code of Ordinances, the Milton Solid Waste Ordinance, attached hereto as Exhibit A is hereby ratified, approved and affirmed, subject to those redline modifications set forth in attached Exhibit A; SECTION 6. All ordinances, parts of ordinances, or regulations in conflict herewith are rejected; SECTION 7. This Ordinance shall become effective upon its adoption; Page 2 of 21 ORDAINED this the 20th day of November, 2017. __________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) Page 3 of 21 EXHIBIT A Chapter 46 - SOLID WASTE [46] (46) State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-9-1; hazardous waste management, O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12-8-31.1; tire disposal restrictions, O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for local government units to enforce collection of taxes, fees, or assessments for solid waste management, O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local regulations for the handling and disposal of solid waste, O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40; transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A. § 36-1-16; Resource Recovery Development Authorities Law, O.C.G.A. § 36-63-1 et seq.; littering highways, O.C.G.A. § 40-6-249. ARTICLE I. - IN GENERAL ARTICLE II. - LITTERING ARTICLE III. - COLLECTION SERVICES ARTICLE I. - IN GENERAL Sec. 46-1. - Definitions. Sec. 46-2. - Purpose. Sec. 46-3. - Collection fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Secs. 46-5—46-23. - Reserved Sec. 46-1. - Definitions. For the purpose of this chapter, whenever inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular, words in the singular include the plural, and the use of any gender shall be applic able to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined in this section or otherwise in this chapter shall be given their common and ordinary meaning. The following words, terms, phrases and their derivations shall, in this chapter, have the meaning given in this section. Approved container or approved bag or container or bag means those containers used in the collection of solid waste, as defined in this chapter, which have been approved by the company for use by both residential and commercial customers. Area shall mean the area within the boundaries of the incorporated areas of the City of Milton, Page 4 of 21 as they exist as of the effective date in addition to future boundary changes as outlined in [the term "city"]. City means the City of Milton, Georgia, an incorporated municipal government in Fulton County, State of Georgia. Boundaries defining the city limits may be changed via ordinances approved by the city council, for which any new boundary created shall be subject to this contract. Commercial unit shall mean any structure, whether freestanding or designed to serve multiple tenants, whose primary purpose is for conducting business. Company means any organization, firm, person, entity, corporation or other business that contracts with customers to provide for the collection and disposal of solid waste material as defined in this article, and including but not limited to construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Construction/demolition debris shall have the meaning set forth by the Georgia Department of Natural Resources, Environmental Protection Division (Georgia EPD Chapter 391-3- 4.01(14)). Construction site shall mean any parcel of land or real property having land disturbance, clearing and grading, demolition, improvements and betterments, renovation, remodeling and/or new construction work performed thereon or about the real property or premises whether or not a land disturbance and/or building permit is required. Customer shall mean any firm, person, entity, corporation or organization that contracts with a company for the collection and disposal of solid waste material as defined in this chapter, and including, but not limited to, construction/demolition debris, dead animals, garbage, waste, storm debris, yard trimmings, and recyclable material. Dead animals shall mean animals or portions thereof equal to or greater than ten pounds in weight that have died from any cause, except those slaughtered or killed for human use. Effective date means any contract executed between the city and any company on or after December 1, 2009. Environmental laws means all applicable laws, directives, rules, ordinances, codes, guidelines, regulations, governmental, administrative or judicial orders or decrees or other legal requirements of any kind, including, without limitation, common law, whether currently in existence or hereafter promulgated, enacted, adopted or amended, relating to safety, preservation or protection of human health and the environment (including ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the handling, treatment, transportation or disposal of waste, substances or materials, including, without limitation, any matters related to releases and threatened releases of materials and substances. Garbage shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD Chapter 391-3-4-.01(21)). Gross receipts shall mean the total amount collected by the company from any and all customers for services rendered under authority of this chapter as a result of charges for service. Gross receipts shall not include the infrastructure maintenance fee identified in this Page 5 of 21 chapter. Hazardous materials means any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substances, regulated under or pursuant to any environmental laws. The term "hazardous materials" also includes any pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation, petroleum products and their derivatives, or other substance that is, after the date first written above, deemed hazardous be any judicial or governmental entity, body or agency having jurisdiction to make that determination. Hazardous waste means any waste regulated under or pursuant to any environmental laws, including, but not limited to, any solid waste which has been defined as a hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter 291-3-11. The term "hazardous waste" also includes hazardous materials and any waste that is, after the effective date of this agreement, deemed hazardous by any judicial or governmental entity, board, body or agency having jurisdiction to make that determination. The term "hazardous waste" will be construed to have the broader, more encompassing definition where a conflict exists in the definitions employed by two or more governmental entities having concurrent or overlapping jurisdiction over hazardous waste. Recycling shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(57). Residential unit shall mean any structure, whether single family, multi-family, or otherwise whose primary purpose is for living. Solid waste means the collection of residential and commercial nonrecyclable waste, residential and commercial recyclable waste, and residential yard trimmings/waste. Term shall mean a period of one year from the effective date. Waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes. Yard trimmings shall have the meaning set forth at Georgia Department of Natural Resources, Environmental Protection Division ("Georgia EPD") Chapter 391-3-4-.01(77). (Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08-11-30, § 1, 11-17-2008; Ord. No. 10-11-84, § 1, 11-15-2010) Sec. 46-2. - Purpose. This chapter regulates the collection and disposal of waste and garbage including, but not limited to, all waste byproducts of manufacturing or commercial establishments, cinders and ashes from commercial boilers, and cardboard and wooden boxes, crates and barrels, as well domestic waste including meat, vegetable and fruit scraps, cans, bottles, paper, cardboard, rags, ashes, and other such waste material ordinarily disposed from residences, churches, schools, small business establishments, and other such places. (1) The term "garbage" does not include animals, fowl, and fish entrails, bones and Page 6 of 21 carcasses whether in whole or in part, from business establishments such as slaughterhouses and meat and fish markets. Such material means "other waste." (2) The term "waste" also includes animal, fowl, and fish excrement, entrails, bones, carcasses in whole or in part and dead animals, and any other refuse material not otherwise classified herein. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 1), 3-17-2008) Sec. 46-3. - Collection fees. All fees are listed in Sec. 46-70 Contract and Rental Fees. Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations. Hospitals and health care professionals or other entities disposing of medical waste including, but not limited to, any device used to puncture or lacerate skin, shall be disposed of in a manner consistent with federal and state regulations. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 4), 3-17-2008) Secs. 46-5—46-23. - Reserved ARTICLE II. - LITTERING Sec. 46-24. - Prohibited. Secs. 46-25—46-43. - Reserved. Sec. 46-24. - Prohibited. (a) Unlawful acts defined. (1) Public littering. It shall be unlawful for any person, in person or by his or her agent, employee, or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any public way or other public place in the city or the river, creek, branch, public water, drain, sewer, or receiving basin within the city's jurisdiction, any kind of leaves, dirt, rubbish, waste article, thing, or substance whatsoever, whether liquid or solid. Nor shall any person cast, throw, sweep, sift, or deposit any of the aforementioned items anywhere within the city's jurisdiction in such a manner that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain, or snow, into any of the aforementioned places; provided that this section shall not apply to: a. The deposit of material under a permit authorized by any city ordinance; b. Goods, wares, or merchandise deposited upon any public way or other public place temporarily, in the necessary course of trade, and removed there from within two hours after being so deposited; or c. Articles or things deposited in or conducted into the city sewer system Page 7 of 21 through lawful drains in accordance with the city ordinances relating thereto. (2) Private littering. The acts described in subsection (a)(1) of this section shall also apply to acts committed to or against private property without the consent of the owner. (b) All business firms dispensing their product in cups, plates, wrappers, sacks, and other similar forms of containers shall provide adequate metal or plastic containers upon the premises for collection of refuse. It shall be the express responsibility of all such business firms to collect all cups, plates, wrappers, sacks, and other similar forms of containers dispensed by said business that may discarded upon the premises or neighboring street and sidewalks. It further shall be the responsibility of said business to collect the aforementioned items from the premises of the neighboring property when the owners of the property specifically request and authorize the business personnel to enter upon their property for that purpose. (c) Construction site operators must properly dispose (or discard) building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. All construction site operators shall provide adequate containers upon the premises for collection of said materials and any waste generated or collected at the site. (d) Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by this section or who violates any order or determination of the department promulgated pursuant to this article shall be punished as directed by law, and in addition thereto, may be enjoined from continuing the violation. Each day a violation occurs shall constitute a separate offense. Any willful and wanton violation of this subsection resulting in the unlawful littering of the streets, sidewalks, and neighboring property shall be deemed a nuisance and on conviction thereof by the city court, the mayor and city council may after a notice and a hearing revoke the business license of the violator. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 5), 3-17-2008) Secs. 46-25—46-43. - Reserved. ARTICLE III. - COLLECTION SERVICES DIVISION 1. - GENERALLY DIVISION 2. - CONTRACTUAL PROVISIONS DIVISION 3. - TERMINATION OF CONTRACT DIVISION 4. - ADDITIONAL PROVISIONS DIVISION 1. - GENERALLY Secs. 46-44—46-62. - Reserved. Page 8 of 21 Secs. 46-44—46-62. - Reserved. DIVISION 2. - CONTRACTUAL PROVISIONS Sec. 46-63. - Authority. Sec. 46-64. - Grant of nonexclusive contract. Sec. 46-65. - Term. Sec. 46-66. - Scope and nature of operation. Sec. 46-67. - Vehicles to be covered and identified. Sec. 46-68. - Regulation of containers. Sec. 46-69. - Disposal of refuse. Sec. 46-70. - Contract and rental fees. Sec. 46-71. - Compliance with law. Sec. 46-72. - Insurance provided by company. Sec. 46-73. - Indemnification and hold harmless. Secs. 46-74—46-92. - Reserved. Sec. 46-63. - Authority. The city is empowered to contract with one or several third parties to collect and dispose of all garbage, waste, commercial waste, and yard waste generated by the city. In addition, the city may sell franchise rights in garbage collection to third parties. (Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 2), 3-17-2008) Sec. 46-64. - Grant of nonexclusive contract. The city shall hereby grant to companies a nonexclusive contract pursuant to the terms set forth herein to use the public streets, alleys, roads and thoroughfares within the city for the purpose of operating and engaging in the business of collecting and disposing of waste; including, but not limited to, contracting with customers and providing service pursuant to contract therefore, placing and servicing containers, operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or incidental to such business and service. (Ord. No. 06-11-04, § 2, 11-21-2006; Ord. No. 07-11-54, § 2, 11-15-2007; Ord. No. 08-11-30, § 2, 11-17-2008; Ord. No. 10-11-84, § 2, 11-15-2010) Sec. 46-65. - Term. The term of any agreement shall be for a period of one year beginning on the effective date of the contract execution and terminating on the first anniversary of said date. The company shall begin performance under this contract immediately after the effective date of the contract execution. (Ord. No. 06-11-04, § 3, 11-21-2006; Ord. No. 07-11-54, § 3, 11-15-2007; Ord. No. 08-11-30, § 3, 11-17-2008; Ord. No. 10-11-84, § 3, 11-15-2010) Editor's note— Section 3 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-65 from "One year in length" to "Term." Page 9 of 21 Sec. 46-66. - Scope and nature of operation. (a) Residential and commercial refuse and waste. The company may collect and deliver for disposal all residential and commercial refuse and waste accumulated within the corporate limits of the city by the company's customers and the words "refuse", "garbage", "trash" a nd "waste" when used in this article are used for convenience and, unless the context shows otherwise, refer to yard trimmings, recycling, storm debris, garbage, and construction/demolition debris. The company will furnish the personnel and equipment to collect refuse, provide the services described herein, and as contracted for with its customers, in an efficient and businesslike manner. (b) Service provided. Company shall provide container, bin and other collection service for the collection of residential and commercial refuse and waste according to the individual customer agreements and applicable city regulations and shall make provision for the special collection of such refuse and waste upon request. The company shall cause or require its equipment, containers and bins to be kept and maintained in a manner to not cause or create a threat to the public health and shall keep the same in a good state of repair. (c) Collection operation. (a) Save and except as provided in this section, collection shall not start before 7:30 a.m. or continue after 7:30 p.m. at any location. Company may request variances to this collection period provided that collections: (i) are made in a manner that does not cause or result in loud noise; and (ii) that are made at a location which will not cause the disturbance of persons occupying the premises or neighboring property must first be confirmed prior to the request. All requests for variances of times must be submitted to the city manager, or his designee, and include documentation on the hardship created by the collection operation period. Should such a collection operation variance be granted and the city receives two complaints about the collection operation in any six-month time period, the city shall verify and substantiate the factual basis for any complaints. Should the complaints be substantiated, the collection operation variance will be revoked. The frequency of collection shall be determined by each individual customer agreement. (d) Holidays. The company shall observe such holidays as it, in its sole discretion, determines appropriate. Notification must be given by the company to it's customers of the holidays and resulting collection cycles. (e) All companies must maintain a local customer service telephone number while conducting business within the city. The telephone number must be publicly listed in a phone book and available through directory assistance. Each company providing trash receptacles, whether commercial or residential, must mark each receptacle with the company's name and telephone number in letters not less than four inches in height. Each company must provide a mechanism to accept, investigate, and respond to customer complaints. Companies are strongly encouraged to use multi-media devices including interactive websites, e-mail, fax, and automated telephone systems. Service calls received by the city as a result of noncompany performance will result in the consideration of revocation of a nonexclusive contract or the city's choice to not renew an existing agreement. (f) Any invoice, bill, statement, or other device intended to request remittance by the customer to the company of funds for payment of service shall include at a minimum, the company's telephone number and payment methods available to customers. (g) All companies providing residential service or service to residential multi-family units Page 10 of 21 must provide a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. Commodities may be commingled by the consumer and collected commingled by the hauler. Recycled commodities which must be offered in all programs are as follows: brown, clear, and green glass; steel and tin cans; aluminum cans, foil, pie pans, plastic items (#1, #2, and #3); cardboard, cereal boxes and any nonwaxed paper containers; brown paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and school papers. Customers shall be charged for the recycling program by the company regardless of utilization of the service. Haulers are to include this service with their residential rate structure; however, the charge for recycling shall be shown separate from other services provided. (h) All companies providing commercial service must offer and promote a recycling program to all customers. This program is intended to promote recycling programs throughout the city by reducing the amount of waste landfilled. (i) All companies providing residential service must offer the collection of yard trimmings to all customers. This program is intended to assist in the collection and disposal of grass clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size limitations set by company; bushes, brush, and all other general debris generated from the maintenance of residential yards and lawns. (j) It shall be the company's obligation and responsibility to educate all customers on industry trends and best practices relating to solid waste collection, removal, and disposal. Such education programs must consist of the following elements: Recycling; holiday schedules; new customer information; and any service related items. All companies have the obligation to inform customers of any noncollected trash or items placed for collection by the customer but not covered under the agreement between the customer and the company. Further, it shall be the company's obligation and responsibility to educate customers on days of collection for each specific service provided. All education and communication between the company and customers should promote the placement of residential collectibles at the curb the night before pick-up. Receptacles, containers, or bagged materials shall not be left at the curb for longer than a 24-hour period. (Ord. No. 06-11-04, § 4, 11-21-2006; Ord. No. 07-11-54, § 4, 11-15-2007; Ord. No. 08-11-30, § 4, 11-17-2008; Ord. No. 10-11-84, § 4, 11-15-2010) Sec. 46-67. - Vehicles to be covered and identified. (a) All vehicles used by company for the collection and transportation of refuse shall be covered at all times while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or properties adjacent thereto, and such vehicles shall be clearly marked with the company's name and telephone number in letters not less than four inches in height. (b) Company must provide a comprehensive and proactive driver safety education program which encourages safety on city streets. Such program must be demonstrated and conveyed to the city. Company must comply with all other regulatory agencies, both local, state, or otherwise with respect to commercial vehicle operation within the city. Service calls received by the city as a result of noncompany performance will result in the consideration of revoking a nonexclusive contract or the city's choice to not renew an existing agreement. Page 11 of 21 (c) Company must manage collection services delivered within the city to minimize the number of vehicles on city roads. Coordination between haulers and service providers is strongly encouraged to manage service vehicles on residential streets and neighborhoods. (d) Should company utilize "scout" trucks to facilitate collection in residential areas where it is not feasible to use standard collection vehicles, such vehicles must be covered at all times while loaded and in transit should they exceed 30 miles per hour or be driven more than 300 yards on a public street. (Ord. No. 06-11-04, § 5, 11-21-2006; Ord. No. 07-11-54, § 5, 11-15-2007; Ord. No. 08-11-30, § 5, 11-17-2008; Ord. No. 10-11-84, § 5, 11-15-2010) Sec. 46-68. - Regulation of containers. The company may rent, lease, provide or define specifications for containers to any customer within the corporate limits of the city for refuse storage and collection purposes subject to the following requirements: (1) All containers shall be constructed and maintained according to industry practice; (2) All containers shall be equipped with stable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents; (3) All containers, save and except those being used for the purpose of collecting and storing rubble, building and scrap construction materials, shall be equipped with covers suitable to prevent blowing or scattering refuse and access to the container by animals while the container is at the site designated by customer; (4) All containers shall be periodically cleaned, maintained, serviced and kept in a reasonably good state of repair, to prevent the unreasonable accumulation of refuse residues, to avoid excessive odor and harborage for rodents and flies resulting from excessive residues remaining after collection of containers; (5) All containers shall be clearly marked with the company's name and telephone number in letters not less than four inches in height; (6) All containers shall not be on public rights-of-way and shall be located so as to not interfere, block, obstruct or impede the normal use of any sidewalk, street, alley driveway or fire lane, or to block, obstruct or impede sight distance at street, road or alley intersections; (7) All containers, bins, or other collection instruments must be kept free from graffiti, rust, broken and nonoperational parts and pieces, and litter in and around the area; and (8) It shall be the responsibility of each company to educate their customers on the regulations of containers and maintain industry standards, policies, and procedures, which promote an aesthetically pleasing environment in and around all refuse and waste containers and receptacles. (Ord. No. 06-11-04, § 6, 11-21-2006; Ord. No. 07-11-54, § 6, 11-15-2007; Ord. No. 08-11-30, § 6, 11-17-2008; Ord. No. 10-11-84, § 6, 11-15-2010) Editor's note— Section 6 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-68 from Page 12 of 21 "Container requirements" to "Regulation of containers." Sec. 46-69. - Disposal of refuse. The company will deliver all waste collected by it from it's customers within the city, except for materials which the company may select for recovery and recycling, to a disposal facility that is permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours of operation and disposal practices at the disposal facility will be observed and followed by the company while engaged in the disposal of refuse pursuant to this article. Any items collected as part of a recycling program must be delivered to a facility where recovery and reuse occurs. Should any company choose to offload or dispose of materials collected by one vehicle into another for transport to the final disposal facility, company shall make every available effort to perform such refuse transfer on property owned by the company or privately owned property where the company has an agreement with the property owner to perform such activity. In the event any transfer occurs on public land, including streets, alleys, rights-of- ways, roads, thoroughfares, avenues, parkways, expressways, or other areas designed and designated for public travel, company shall make every effort available to clean the area after completion of the transfer to insure the area is maintained at the same or better level than if the area was not used for this activity. In the event the city receives complaints regarding this practice, company shall be required to cease from this activity at the location of the complaint. (Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08-11-30, § 7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010) Sec. 46-70. - Contract and rental fees. Contract fee. The streets, rights-of-way, and public easements to be used by the company in the operation of its business within the boundaries of the city as such boundaries now exist and exist from time to time during the term of this contract, are valuable public properties acquired and maintained by the city at great expense to its taxpayers, and the city will incur costs to regulate and administer this article. In consideration of such benefits, costs and expenses, the company shall through the term of its contract collect an "infrastructure maintenance fee" equal to five percent of the company's gross receipts to customers within the city (exclusive of sales tax). The term "infrastructure maintenance fee" shall be used on all bills, invoices, or statements sent by any company to a customer under this article. This fee is applicable to haulers that are providing trash and recycling collection to residential accounts as well as haulers serving commercial accounts. (1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city and delivered to the city in conjunction with a statement indicating the derivation and calculation of such payment. Each such quarterly payment shall be due on the fifteenth day of the second month following the end of the quarterly period for which said payment is due. The quarterly payments shall be due on February 15, May 15, August 15, and November 15 of each year during the term hereof, with the February 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior December 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the May 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior March 31 and being payment for the rights and privileges granted hereunder for said calendar quarter, the August 15 payment being based upon the company's gross receipts during Page 13 of 21 the calendar quarter ending the prior June 30 and being payment for the rights and privileges granted hereunder for said calendar quarter, and the November 15 payment being based upon the company's gross receipts during the calendar quarter ending the prior September 30 and being payment for the rights and privileges granted hereunder for said calendar quarter. During the implementation of this article, all bills generated by companies after December 1, 2006, shall include the infrastructure maintenance fee. The city shall provide material relating to the education and marketing efforts of the infrastructure maintenance fee as well as provide education and training to company employees to ensure a consistent message is conveyed to constituents of the City of Milton. For purposes of verifying the amount of such fee, the books of the company shall at all reasonable times be subject to inspection by the duly authorized representatives of the city. If the infrastructure maintenance fee is not paid by the due date as set forth herein, the company from whom the fee was due shall be assessed and shall pay a late fee in the amount of 10% of the amount not timely paid. In addition, all amounts otherwise due, including late fees, shall accrue interest at the rate of 1.5% per calendar month beginning 30 days after the original due date. (2) No other rental fees. The contract fee shall be in lieu of any and all other city- imposed rentals or compensation or contract, privilege, instrument, occupation, excise or revenue taxes or fees and all other exactions or charges (except ad valorem property taxes, special assessments for local improvements, city sales tax, and such other charges for utility services imposed uniformly upon persons, firms or corporations then engaged in business within the city) or permits upon or relating to the business, revenue, installations and systems, fixtures, and any other facilities of the company and all other property of the company and its activities, or any part thereof, in the city which relate to the operations of the company pursuant to this article; provided, that this shall not be construed to prevent the company from being required to pay any and all applicable fees and charges in effect from time to time for dumping at a landfill or transfer station. (3) Credit for fees paid. Should the city not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of contracts, fees, street or alley rentals or charges, easement or ordinance fees or charges aforesaid, then city agrees that it will apply so much of said sums of money paid as may be necessary to company's obligations, if any, to pay any such contract, ordinance charges, other charges, fees, rentals, easement, taxes or charges. (4) Reporting. Any company providing service pursuant to this article or a resulting contract shall from time to time provide the city with the necessary statistics regarding waste collected and disposed which shall allow the city to comply with state reporting requirements. Such information shall be in the manner and format requested by the city and provide adequate details for the city to maintain compliance with local, state, federal, and all other guidelines relating to solid waste collection, removal, and disposal. (5) Dedicated revenue. The infrastructure maintenance fee collected by the city under this article shall be dedicated to the following: (i) maintenance of the city's streets, corridors, alleys, thoroughfares, and transportation routes; (ii) administration of contract compliance between customers and companies where service is received as provided in this article; and (iii) collection of litter, trash and hazardous waste materials within the city. Page 14 of 21 (Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08-11-30, § 8, 11-17-2008; Ord. No. 10-11-84, § 8, 11-15-2010) Editor's note— Section 8 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-70 from "Fees" to "Contract and rental fees." Sec. 46-71. - Compliance with law. The company shall conduct under this article in compliance with the material provisions of all applicable local, state and federal laws, rules and regulations, and with the general specifications contained in this article. (Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08-11-30, § 9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010) Editor's note— Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-71 from "Compliance with local, state and federal regulations required" to "Contract and rental fees." Sec. 46-72. - Insurance provided by company. (a) Minimum coverage requirements. The company shall maintain throughout the term of its contract, property damage coverage, general liability insurance, and automobile liability insurance for any automobile owned or operated by company, with an insurance company authorized and licensed to do business in the State of Georgia and acceptable to the city, insuring against claims for liability and damages for the benefit of the city. The insurance shall include the city as an additional insured. General liability coverage insurance under this section shall be a minimum of $1,000,000.00 per occurrence with a $2,000,000.00 aggregate. Automobile liability insurance under this section shall, at a minimum, have limits of $1,000,000.00 for each occurrence. Additionally, umbrella coverage of $1,000,000.00 on both automobile liability insurance and general liability insurance is required. (b) Employer's liability. If the company is required by Georgia Statute, the company shall maintain throughout the term of the contract resulting from this article the requisite statutory workers' compensation insurance, and a minimum of $100,000.00 employer's liability insurance. Company shall be required to show compliance to this section by submitting documentation of such coverage from an approved carrier licensed in the State of Georgia, or documentation explaining the exemption from employer's liability insurance should they not meet the state requirements to carry such coverage. (c) Certificate of insurance. The insurance policy, or policies, obtained by the company in compliance with this section shall be approved by the city manager or his designee in the city manager's or his designee's reasonable discretion, and the certificate of insurance for the insurance policy shall be filed and maintained with the city during the term of the contract resulting from this article with a copy of the endorsement required under subsection (d) to be attached or made a part of such certificate. (d) Endorsements. All insurance policies maintained pursuant to this article shall contain the following conditions by endorsement: (1) Additional insured. The city shall be an additional insured and the term "owner" and "city" shall include all authorities, boards, bureaus, commissions, divisions, departments and offices of the city and the individual members, officers, employees and agents thereof in their official capacities and/or while acting on behalf of the city. Page 15 of 21 (2) Other insurance clause. The policy clause "other insurance" shall not apply to the city when the city is an insured on the policy. (3) No recourse. Companies issuing the insurance policies shall not recourse against the city for payment of any premium or assessment. (e) Increase requirements. The city may choose to amend this article to make reasonable adjustments to the insurance coverage and their limits when deemed necessary and prudent based upon changes in statutory law, court decisions, or the claims history of the industry. (Ord. No. 06-11-04, § 10, 11-21-2006; Ord. No. 07-11-54, § 10, 11-15-2007; Ord. No. 08-11- 30, § 10, 11-17-2008; Ord. No. 10-11-84, § 10, 11-15-2010) Editor's note— Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-72 from "Company to provide insurance" to "Insurance provided by company." Sec. 46-73. - Indemnification and hold harmless. The company agrees to indemnify, defend and save harmless the city, its agents, officers and employees, against and from any and all claims by or on behalf of any person, firm, corporation or other entity arising from any negligent act or omission or willful misconduct of the company, or any of its agents, contractors, servants, employees or contractors, and from and against all costs, counsel fees, expenses and liabilities incurred in or about any such claim or proceeding brought thereon. Promptly after receipt from any third party by city of a written notice of any demand, claim or circumstance that, immediately or with the lapse of time, would give rise to a claim or the commencement (or threatened commencement) of any action, proceeding or investigation (an "asserted claim") that may result in losses for which indemnification may be sought hereunder, the city shall give written notice thereof (the "claims notice") to the company provided, however, that a failure to give such notice shall not prejudice the city's right to indemnification hereunder except to the extent that the company is actually and materially prejudiced thereby. The claims notice shall describe the asserted claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses that have been or may be suffered by the city when such information is available. The company may elect to compromise or defend, at its own expense and by its own counsel, any asserted claim. If the company elects to compromise or defend such asserted claim, it shall, within 20 business days following its receipt of the claims notice (or sooner, if the nature of the asserted claim so required) notify the city of its intent to do so, and the city shall cooperate, at the expense of the company, in the compromise of, or defense against, such asserted claim. If the company elects not to compromise or defend the asserted claim, fails to notify the city of its election as herein provided or contests its obligation to provide indemnification under this agreement, the city may pay, compromise or defend such asserted claim with all reasonable costs and expenses borne by the company. Notwithstanding the foregoing, neither the company nor the city may settle or compromise any claim without the consent of the other party; provided, however, that such consent to settlement or compromise shall not be unreasonably withheld. In any event, the city and the company may participate at their own expense, in the defense of such asserted claim. If the company chooses to defend any asserted claim, the city shall make available to the company any books, records or other documents within its control that are necessary or appropriate for such defense. (Ord. No. 06-11-04, § 11, 11-21-2006; Ord. No. 07-11-54, § 11, 11-15-2007; Ord. No. 08-11- 30, § 11, 11-17-2008; Ord. No. 10-11-84, § 11, 11-15-2010) Page 16 of 21 Editor's note— Section 11 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-73 from "Company to indemnify city; defense of suits" to "Indemnification and hold harmless." Secs. 46-74—46-92. - Reserved. DIVISION 3. - TERMINATION OF CONTRACT Sec. 46-93. - Forfeiture and terminating of contract. Sec. 46-94. - Transfer, sale or conveyance by company. Sec. 46-95. - Foreclosure. Sec. 46-96. - Receivership and bankruptcy. Secs. 46-97—46-115. - Reserved. Sec. 46-93. - Forfeiture and terminating of contract. (a) Material breach. In addition to all other rights and powers retained by the city under this article or otherwise, the city reserves the right to declare any resulting contract from this article forfeited and to terminate the contract and all rights and privileges of the company hereunder in the event of a material breach of the terms and conditions hereof. A material breach by company shall include, but shall not be limited to, the following: (1) Fees. Failure to pay the fees set out in section 46-70 (2) Telephone listings. Failure to keep and maintain a local telephone listing and office or answering service that is available by phone without long distance charge during regular business hours for service to the public, and which telephone or office shall, at minimum, provide and maintain the following services: a. Coordinate and provide information concerning deposits, payments and accounts to customers and prospective customers; b. Respond to customer and prospective customer questions and issues about billings, accounts, deposits and services; c. Coordination with the city with respect to private sector and public works projects and issues related to or affecting the company's operation; and d. Immediate response, upon request, to police, fire and other emergency situations in which the public health and safety requires action with respect to or assistance regarding company's property. (3) Failure to provide service. Failure to materially provide the services provided for in this article; (4) Misrepresentation. Material misrepresentation of fact in the application for or negotiation of any contract resulting from this article; or (5) Conviction. Conviction of any director, officer, employee, or agent of the company of the offense of bribery or fraud connected with or resulting from the award of a contract from this article. Page 17 of 21 (b) Operation information. Material misrepresentation of fact knowingly made to the city with respect to or regarding company's operations, management, revenues, services or reports required pursuant to this article. (c) Economic hardship. Company shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees. (d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal of the company to comply with any material provision of this article or resulting contract within 30 days after written notice from city setting forth the specific provision and noncompliance, said notice to be mailed to company at its principal place of business by certified mail, return receipt requested, shall be deemed a breach of this article, and the city council, upon notice to company and hearing, may, for good cause declare a contract forfeited and exclude company from further use of the streets of the city under this article, and the company shall thereupon surrender all rights in and under this article and contract. (1) Proceedings. In order for the city to declare a forfeiture pursuant to subsections (a), (b), (c), (d), the city shall make a written demand that the company comply with any such provision, rule, order, or determination under or pursuant to this article. If such violation by the company continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the council may take under consideration the issue of termination of the resulting contract from this article. The city shall cause to be served upon company, at least 20 days prior to the date of such a council meeting, a written notice of intent to request such termination and the time and place of the meeting. Notice shall be given of the meeting and issue which the council is to consider. (2) Hearing. The council shall hear and consider the issue, hear any person interested therein, and shall determine whether or not any violation by the company has occurred. (3) Forfeiture. If the council shall determine that the violation by the company was the fault of company and within its control, the council may declare the contract forfeited and terminated, or the council may grant to company a period of time for compliance. (Ord. No. 06-11-04, § 12, 11-21-2006; Ord. No. 07-11-54, § 12, 11-15-2007; Ord. No. 08-11- 30, § 12, 11-17-2008; Ord. No. 10-11-84, § 12, 11-15-2010) Editor's note— Section 12 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-93 from "Forfeiture" to "Forfeiture and terminating of contract." Sec. 46-94. - Transfer, sale or conveyance by company. The company shall not transfer, assign, sell or convey any rights granted under any resulting contract from this article without the prior approval of the city council; provided that this section shall not apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery, containers and buildings by company for the purpose of maintaining and continuing its operation within the city; and provided further that company may, in its sole discretion and upon written notice to the city, transfer, assign, sell or convey their rights under this article to a wholly owned subsidiary of the company or to an affiliated entity that is under common control with company (i.e., has a common parent entity). (Ord. No. 06-11-04, § 13, 11-21-2006; Ord. No. 07-11-54, § 13, 11-15-2007; Ord. No. 08-11- Page 18 of 21 30, § 13, 11-17-2008; Ord. No. 10-11-84, § 13, 11-15-2010) Editor's note— Section 13 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-94 from "Transfer, sale or conveyance by company prohibited; exceptions" to "Transfer, sale or con veyance by company." Sec. 46-95. - Foreclosure. upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the company used for and dedicated to providing service pursuant to this article, the company shall notify the city of such fact, and such notification shall by treated as a notification that a change in control of the company has taken place and the provisions of this article governing the consent of the council to such change in control of the company sha ll apply. Upon the foreclosure or judicial sale, or the leasing of all or a substantial part of the property and assets of the company dedicated to and used for the purposes of providing service pursuant to this article, without the prior approval of the c ouncil, the council may, upon hearing and notice, terminate any contract resulting from this article. (Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No. 08-11- 30, § 14, 11-17-2008; Ord. No. 10-11-84, § 14, 11-15-2010) Editor's note— Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-95 from "Foreclosure or judicial sale" to "Foreclosure." Sec. 46-96. - Receivership and bankruptcy. Cancellation option. The council shall have the right to cancel any contract resulting from this article 120 days after the appointment of a receiver or trustee to take over and conduct the business of the company, whether in receivership, reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, unless: (1) Trustee compliance. Within 120 days after his election or appointment, such receiver trustee shall have fully complied with all the provisions of this article and remedied all defaults thereunder; or (2) Trustee agreement. Such receiver or trustee, within 120 days, shall have executed an agreement, duly-approved by the court having jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by each and every provision of this article granted to the company. (Ord. No. 06-11-04, § 15, 11-21-2006; Ord. No. 07-11-54, § 15, 11-15-2007; Ord. No. 08-11- 30, § 15, 11-17-2008; Ord. No. 10-11-84, § 15, 11-15-2010) Secs. 46-97—46-115. - Reserved. DIVISION 4. - ADDITIONAL PROVISIONS Sec. 46-116. - Retention of city police powers. Sec. 46-117. - Amendments of city ordinances and regulations. Page 19 of 21 Sec. 46-118. - Taxes. Sec. 46-119. - Public necessity. Sec. 46-120. - No suspension of laws. Sec. 46-121. - Peaceful employment. Sec. 46-122. - Endorsements and records. Sec. 46-123. - Acceptance by company. Sec. 46-116. - Retention of city police powers. The city retains and reserves all of its police powers and the rights, privileges, and immunities that it now has under the law to regulate, patrol and police the streets and public ways within the city, and the granting of any contract as a result of this article shall in no way interfere with the improvements to, or maintenance of, any street, alley or public way, and the rights of the city to use said streets, alleys and public ways. (Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No. 08-11- 30, § 16, 11-17-2008; Ord. No. 10-11-84, § 16, 11-15-2010) Sec. 46-117. - Amendments of city ordinances and regulations. The city reserves the right and power, pursuant to its police power, after due notice to company, to modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the city, and to impose such additional conditions, that are not inconsistent with the rights granted by this article, upon the company and all persons, firms or entities of the same class as the company, as may be reasonably necessary in the discretion of the city council to preserve and protect the public, health, safety and welfare and/or insure adequate service to the public. (Ord. No. 06-11-04, § 17, 11-21-2006; Ord. No. 07-11-54, § 17, 11-15-2007; Ord. No. 08-11- 30, § 17 11-17-2008; Ord. No. 10-11-84, § 17, 11-15-2010) Editor's note— Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-117 from "Reservation to amend city ordinances and regulations" to "Amendments of city ordinances and regulations." Sec. 46-118. - Taxes. The company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are imposed upon the company. Absent an administrative or judicial challenge, or appeal, the failure to pay any such tax, levy or assessment shall be a breach of this article. (Ord. No. 06-11-04, § 18, 11-21-2006; Ord. No. 07-11-54, § 18, 11-15-2007; Ord. No. 08-11- 30, § 18, 11-17-2008; Ord. No. 10-11-84, § 18, 11-15-2010) Editor's note— Section 18 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-118 from "Payment of taxes required" to "Taxes." Sec. 46-119. - Public necessity. The council hereby finds and declares that the public welfare, convenience and necessity require the service which is to be furnished by the company. (Ord. No. 06-11-04, § 19, 11-21-2006; Ord. No. 07-11-54, § 19, 11-15-2007; Ord. No. 08-11- 30, § 19, 11-17-2008; Ord. No. 10-11-84, § 19, 11-15-2010) Page 20 of 21 Editor's note— Section 19 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-119 from "Disposal of solid waste deemed public necessity" to "Public necessity." Sec. 46-120. - No suspension of laws. All provisions of the ordinances of the city as now existing or as may be amended from time to time, and all provisions of the statutes of the State of Georgia applicable to general law cities shall be a part of any resulting contract from this article as fully as if the same had been expressly stated herein, and said the city retains and may exercise all of the governmental and police powers and all other rights and powers not directly inconsistent with the terms, conditions and provisions of this article. (Ord. No. 06-11-04, § 22, 11-21-2006; Ord. No. 07-11-54, § 22, 11-15-2007; Ord. No. 08-11- 30, § 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010) Editor's note— Section 22 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-120 from "City ordinances and state law considered part of contract" to "No suspension of laws." Sec. 46-121. - Peaceful employment. From and after the effective date of this article, the city and the company shall be and are hereby authorized and entitled to act in reliance upon the terms, conditions and provisions of this article and any resulting contract and, subject thereto, the company shall collect rates for service, operate and conduct its business and work within the city, and enjoy the benefits and privileges of this article during the term hereof. (Ord. No. 06-11-04, § 23, 11-21-2006; Ord. No. 07-11-54, § 23, 11-15-2007; Ord. No. 08-11- 30, § 23, 11-17-2008; Ord. No. 10-11-84, § 23, 11-15-2010) Editor's note— Section 23 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-121 from "City and company to rely on this chapter" to "Peaceful employment." Sec. 46-122. - Endorsements and records. The city clerk is directed to make endorsements as appropriate over his/her official hand and the seal of the city on the form provided at the conclusion of this article, for the public record and convenience of the citizens, of the date upon which this article is finally passed and adopted. (Ord. No. 06-11-04, § 25, 11-21-2006; Ord. No. 07-11-54, § 25, 11-15-2007; Ord. No. 08-11- 30, § 25, 11-17-2008; Ord. No. 10-11-84, § 25, 11-15-2010) Sec. 46-123. - Acceptance by company. Within 30 days after the passage of this article, or within 30 days of establishing a business within the corporate city limits, all companies operating a residential or commercial refuse waste service shall file with the city its acceptance of the terms and provisions of this article, and request for contract. The acceptance and request for contract shall be in writing on the company's letterhead and provide as follows: City of Milton Attention: City Manager Page 21 of 21 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 ____________ (the "Company"), acting by and through an officer who is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste Ordinance to operate a refuse and solid waste collection and disposal system within the City as said Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each term, provision and condition of the Ordinance, to accept and to give the benefits provided by the Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a businesslike and reasonable manner and in compliance with the Ordinance. Company: ..... By: ..... Printed Name: ..... Title: ..... (Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11- 30, § 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010) Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of § 46-123 from "Written acceptance of company required" to "Acceptance by company." 46-124. – Decal Upon satisfactory compliance with the requirements set forth in this Chapter in order to allow the company to collect and/or dispose of waste, garbage and/or refuse, the City shall issue to the company a decal designating the company as an approved Milton hauler in compliance with the City’s solid waste ordinance. `✓J TO: FROM: MILTON'IP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 13, 2017 Steven Krokoff, City Manage( AGENDA ITEM: Consideration of an Application to the Firehouse Subs Foundation for a Grant to Provide Ballistic Protection to Milton Fire -Rescue's Firefighters. MEETING DATE: Monday, November 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES (.,r'NO CITY ATTORNEY REVIEW REQUIRED: () YES (-�`NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: i li zzl Z 1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us 1 www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on November 3, 2017 for the November 20, 2017 Regular Council Meeting Agenda Item: Consideration of an Application to the Firehouse Subs Foundation for a Grant to Provide Ballistic Protection to Milton Fire-Rescue’s Firefighters ____________________________________________________________________________ Department Recommendation: Approve the grant application to the Firehouse Subs Foundation for the purchase of ballistic protection (fire-oriented bullet-resistant helmets and vests) for each of the riding positions on an apparatus and the battalion chief (18 total sets). Executive Summary: With incidents of public shootings occurring across the country, fire departments are beginning to outfit their first responders with safety equipment so they are prepared to render medical aid near an event without being totally unprotected. The intention is not to fully equip our firefighters to intentionally operate in the line of fire, but to provide them safety precautions so that they can operate in the warm zone of what is often a dynamic incident and provide EMS service while the police mitigate the situation. The introduction of this equipment will include training and policy additions (as well as training with the police department) to ensure that both agencies are able to work as cooperatively as possible in an evolving incident within our response area. The proposed equipment is designed to match our firefighters’ turnout gear so they are clearly identified from the police operating on any incident. Funding and Fiscal Impact: This grant, if awarded will be for $19,152. There is no match. However, just like any police and fire safety equipment, there could potentially be a recurring cost since bullet resistant vests have an expiration date and thus need to be replaced periodically. The intention would be to apply for a replacement grant when these units expire, but the department may need to plan for outright replacement in a future M&O budget in case the grant is not funded. Alternatives: Purchase the equipment outright with a new M&O initiative, or do not add this equipment to our operational model. Legal Review: NA Concurrent Review: Steve Krokoff, City Manager Attachment(s): Product Depiction MILTON"t' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 14, 2017 FROM: Steven Krokoff, City Manage(o AGENDA ITEM: Consideration of a Resolution Declaring the Results of the November 7, 2017 Election. MEETING DATE: Monday, November 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (J/APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (-'IES () NO CITY ATTORNEY REVIEW REQUIRED: L;'YES () NO APPROVAL BY CITY ATTORNEY: {� APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: p/10)ZOn 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmilfonga.us I www.cifyofmiltonga.us 0000 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 7, 2017 ELECTION WHEREAS, on January 9, 2017, the City Council adopted Resolution No. 17- 01-406 fixing the qualifying fees for the election of a Mayor and three council members (District 1/Post 1, District 2/Post 1, and District 3/Post 1) for the City of Milton, and WHEREAS, on January 19, 2017, a legal Notice of Opening and Closing Dates for Candidates to Quality for Municipal Election to be held on November 7, 2017 was published in the City’s legal organ, and WHEREAS, the candidates for these respective offices were submitted to the qualified electors of the City of Milton for the November 7, 2017 general municipal election, and WHEREAS, the election results were certified by the Fulton County Board of Registration and Elections on November 13, 2017 (a true and correct copy of said certification is attached hereto as Exhibit A); and WHEREAS, in order to authorize prompt implementation of the will of the voters, as reflected in the certified results, the City Council intends to declare the attached certified election results; NOW THEREFORE BE IT RESOLVED by the City Council for the City of Milton that the results of the November 7, 2017 election are hereby declared to be true and correct as reflected in the certification by the Fulton County Board of Registration and Elections. SO RESOLVED this the _____ day of _____________, 2017. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) Exhibit A CONSOLIDATED MUNICIPAL/COUNTY CERTIFICATION OF RETURNS FOR: ( ) SPECIAL ELECTION (X) GENERAL ELECTION ( ) RUNOFF ELECTION /11J&lf4 lJ C < z )o/J Date /4; / &z Is ,/£ !fa q Municipality/County Ins tru ctions: Prepare and prin t (4) copies of the Elec tion Summary (county conso lidated vote totals report tha t is generated by GEMS ). Atta ch copies of this conso lida ted ce rtifica tion report as; follows: 1. Whi te sheet is attach ed to Electi on Summary an d return ed to Secre tar y of State. 2. Yellow sheet is atta ched to Election Summary an d main tain ed by Supe rin tendent. 3. Pink shee t is atta ch ed to Electi on Summ ary an d sent to Clerk of Supe rior Cou rt. 4. Go ldenrod Copy is atta ched to Election Summ ary an d imm edi ately post ed at the City Hall ( city) or Courth ouse (coun ty) ELECTI ON SUMMAR Y Musr BE ATTACHED To THIS FORM WRITE-IN VOTES: Record total number of votes received by all qualified write-in candidates. Votes recorded here are the write-in totals from Direct Record Electronic Machines and Optical Scan Absentee/Provisional Ballots. WRITE-IN CANDIDATES (Insert Titles of Offices and Names of Candidates) Insert Vote Totals On Blanks Below: Votes ------------ Votes ------------ Votes ------------ Votes ------------ Votes ------------ ____________ Votes Votes ------------ We, the undersigned Superintendent of Elections and his/her Assistants, do jointly and severally certify that the attached Election Summary is a true and correct count of the votes cast in this City/County, and that the above listed Write-In Votes constituteall votes cast for qualified Write-In Candidates on Direct Record Electronic Machines and Optical Scan Absentee/Provisional Ballots. In TESTIMONY WHEREOF, We have hereunt set our h ds and seals this / 3 day of 11/,,ve 1ttkef". , rw/+· SIGNED IN QU LIC __,/..1./.'.J.!4"'-~~~~M.~::::::::.._Assistant ..q::~~~~~~~:......_A-r-.-Assistant _\.Z::::.'.:z[:.~~:-J!:~';if!:!:.~:::.£'.!~:::, ssistant --P--+«-"'-4,.,4r..tf-~f:..ll--...i::~.......,.::::=----Assistant FORMI CR-SCM-ORE-03-C ., : FU LT O N C O U N T Y CITY OF MILTON 2017 MUN ICIPAL GENERAL AND SPECIAL ELECTION November 7, 2017 FULTON COUNTY OFFICIAL AND COMPLETE STATEMENT OF VOTES CAST (SOVC) * Table of Contents* Page Definitions Statement of Votes Precinct Locator Reference Election Summary Report Election Summary Report -5 Column Statement of Votes Cast i ii 1 2 3 Statement of Votes cast Definitions Absentee By Mail: Votes cast by eligible voters on paper ballots through the absentee ballot application process. Absentee In Person: Votes cast in-person by eligible voters at one of the early/advance voting polls during early/advance voting period. Contest: An office or question submitted to a popular vote at any election. Number of Precincts: The total number of precincts voting on an office or contest. Office: A public office filled by vote of the voters. Poll: The facility or building in which a voter cast their ballot. Polling: Votes cast by eligible voters in the polls on Election Day. Precinct: The geographical area from which all voters vote at one polling place. Precincts Reporting: The number of precincts from which results have been counted. Provisional: A paper ballot cast that is not counted or considered valid until such time as the proper research is conducted to confirm the voter status as an eligible voter. Registered Voters: The number of active voters registered for this election. Superintendent: The Fulton County Board of registration and Elections. Times Counted: The number of votes cast for the candidates in each office or contest. Uncast Votes: The number of over votes plus the number of under votes. Under Votes: The voter did not cast a vote for the office or contest. Unofficial: The statement of votes cast prior to certification by the election Superintendent. Certified Write-in Candidate: Candidate whose name does not appear on the ballot, but officially qualified to be a write-in candidate and will be awarded credit for votes cast in his or her name. PRE CINCT LOCATOR RE FERE NCE - ~ ·- -- ;_ - - - - Precinct Designations Facility Names I 01A Parkside Elementary School 018 Ormewood Park Presbyterian Church OlC & OlS Dobbs Elementary School OlD & OlE Georgia Hills Neighbor Facility - 01F -,Atlanta South Side Community Health Center OlG Barrack & Michelle Obama Academy 1 OlH & 011 & 058 & OSC Liberty Baptist Church OlJ Price Middle School 01P Bible Way Ministries OlR Thomasville Recreation Center on Benteen Elementary School 02A & 02Ll/2 All Saints Episcopal Church 028 & OSD Saint Luke's Episcopal Church 02C & OSF Cosby Spear High Rise (AHA) 02D & OSJ Butler Street Baptist Church 02E Little 5 Point Community Center 02F 1/2 Central Park Gym 02G Helene Mills Senior Center 02J & 02K & OGG Grady High School 02S & OSK Wheat Street Towers Apartment Complex 02W & 03F & 06Ll/2 Peachtree Christian Church l 03A & 04C Atlanta Job Corps Center I 038 & 03H & 091 Grove Park Recreation Center 03C Atlanta Police Athletic League 03D & 04A/B Booker T. Washington High School 03E Greater Bethany Baptist Church 03G Simpson Street Church of Christ 031 & 04F Center for Civil & Human Rights 03L Fire Station # 16 I 03M Northwest Baptist Church Fellowship Hall 03N Lindsay Street Baptist Church 03P1A & 03P2 Antioch Baptist Church Family Center 03S & lOF I Berean Seventh Day Adventist Church 03T & 04J Central United Methodist Church 04D C.A. Scott Recreation Bldg 04G & 04M James Orange Park 041 ,Paul L. Dunbar School 04K I Abernathy Towers 04L West Hunter Street Baptist Church 04S St. Peter Missionary Baptist Church I I I I ii -· .. ~ II" Precinct Designations L' . l . . . Facility Names lOK& 11H Beecher Hills Elementary School lOM Joseph McGhee Tennis Center lOP Towns Elementary School lOR London Town Houses Community Center llB Ralph Bunche Middle School llC Fickett Elementary School llE 1/2/3 William Walker Recreation Center llG & 121 Adams Park library llJ Continental Colony Elementary School llK Cascade Elementary School 11M & 11N & llR Therrell D.M. High School 11P Asbury Harris Epworth Towers 12A Metropolitan Library 12D Perkerson Park Recreation Center 12El & 12J Cleveland Avenue Library 12F John Birdine Neighborhood Facility 12G Lakewood Christian Manor 12H 1/2 Cleveland Avenue Elementary School 12K Gideons Elementary School 12L The Love Center 12M South Atlanta High School 12N Pittman Park Recreation Center 12S Southeast Atlanta library APOlA/B/C/D Georgia State University/ Perimeter College • 2nd Fl AP02 1/2/B Alpharetta Community Center AP03 & RW07 A/B Mimosa Elementary School AP04A/B & AP06 Alpharetta Crabapple Government Center APOS Windward Fire Station AP07 A/B St. James UM Church AP09A/B Georgia State University/ Perimeter College - 1st Fl AP10 Alpharetta library AP12 A/B/C Alpharetta High School AP14 &JClS Ocee Elementary School CHO 1 / 2 / 3 / 4A / 5 Chattahoochee Hills City Hall CPOll/2/B & CP02 & CP04A/B College Park Auditorium I CPOSl/B & CP06A & CP07A/C/D Camp Truitt Senior Ce Camp Truitt Senior Center CP081/3/4/A & SC10 Tracey Wyatt Community Center EPOl A/B East Point First Mallalieu UM Church EP02 A/B/C/D/E Jefferson Park Recreation Center EP03 A/B ,St Stephen Missionary Baptist Church I EP04 A/B I Brookview Elementary School I FAOlA 'open Word Christian Ministries I ii PRE CINCT LOCATOR RE FERE NCE ,: .,, - ~ _, ,.,.., I Precinct Designations Facility Names I SC04 Fire Station# 17 SC0SA/B/D/E & SC13 Cliftondale Park Community House SC07 A/C Bear Creek Middle School SC08 B/C/D/E/F/G/H Banneker High School SC09 A/B/C & SC27 Burdett Park Gym SCll A/B Love T. Nolan Elementary School SC14-A/B - Aviation-Community Cultural Genter SC15 The Enon Church SC16 A/B Sandtown Park Gymnasium sci 7 A/B/C & SC18A/B/C Welcome All Recreation Center SC19 A/B Solid Rock Pentecostal Church SC23 A/B/C New Life Presbyterian Church SC29A S.L. Lewis Elementary School SC30 A/B Carver College Carver College SS0l 1 Life Center Ministries Inc. SS02A/B & SS19A/B & SS20 & SS26 North Fulton Annex S$03 Lake Forest Elementary School SS04 St. Jude Catholic Church SS0S & SS06 Sandy Springs United Methodist Church SS07 A/B/C & $S08 A/B/C/D Hammond Park Gym S$09 A/B Mount Vernon Baptist Church SSllA/B/C/D High Point Elementary School SS12 & SS14 Ridgeview Charter Middle School SS13A/B Highpoint Episcopal Community Church SSlS A/B Sandy Springs Middle School SS16 Riverwood High School SS17 Temple Emanu-EI of Greater Atlanta SS18 A/B & S$31 Sandy Springs Christian Church SS22 The Hellenic Tower SS29A First Baptist Church of Sandy Springs/ Cumberland UC0l A/B/D/E C H Gullatt Elementary School UC02 A/B Etris Community Center UC03 1/2 & SC211/2 Christian City Sparks Auditorium ii • I Election Summary Report Fulton County, Georgia General Municipal and Special Election November 7, 2017 Official and Complete CITY OF MlL TON Date: 11/13/17 Time: I I :57:49 Page:I of I Registered Voters 640861 • Cards Cast 4512 0.70% MIL TON MAYOR Polling ABM AIP AIP AIP PRO Total Number of Precincts 19 19 19 19 19 19 19 Precincts Reporting 19 19 19 19 19 19 19 100.0 % Times Counted (Reg. Voters 22822) 2483 95 1928 3 0 3 4512 19.8 % Total Votes 2458 91 1908 3 0 3 4463 JOE LOCKWOOD (I) 1544 53 1359 3 0 2 2961 66.35% LAURA RENCHER 907 38 549 0 0 I 1495 33.50% Write-in Votes 7 0 0 0 0 0 7 0.16% - MILTONCCDI Pl 11 Polling ABM AIP AIP AIP PRO Total Number of Precincts 19 19 19 19 19 19 19 Precincts Reporting 19 19 19 19 19 19 19 100.0 % Times Counted (Reg. Voters 22822) 2483 95 1928 3 0 3 4512 19.8 % Total Votes 2023 68 1592 3 0 3 3689 PEYTON JAMISON 1980 68 1573 3 0 3 3627 98.32% Write-in Votes 43 0 19 0 0 0 62 1.68% - Num. Report Precinct 370. Num. Reporting 370 100.00% MIL TON CC D2 Pl Polling ABM AIP AIP AIP PRO Total Number of Precincts 19 19 19 19 19 19 19 Precincts Reporting 19 19 19 19 19 19 19 100.0 % Times Counted (Reg. Voters 22822) 2483 95 1928 3 0 3 4512 19.8 % Total Votes 2447 94 1910 3 0 3 4457 LAURA BENTLEY 1686 48 1428 3 0 3 3168 71.08% BILL LUSK (I) 752 46 481 0 0 0 1279 28.70% Write-in Votes 9 0 I 0 0 0 10 0.22% ,_ MILTON CC D3 Pl Polling ABM AJP AIP AIP PRO Total Number of Precincts 19 19 19 19 19 19 19 Precincts Reporting 19 19 19 19 19 · 19 19 100.0 % Times Counted (Reg. Voters 22822) 2483 95 1928 3 0 3 4512 19.8 % Total Votes 1936 72 1555 2 0 3 3568 JOSEPH LONGORJA (I) 1892 72 1527 2 0 3 3496 97.98% Write-in Votes 44 0 28 0 0 0 72 2.02% - - No Text Statement of Votes Cast Date: 11/13/17 Fulton County, Georgia Time: 12:38: 18 Paget l ofS General Municipal and Special Election November 7, 2017 Official and Complete CITY OF MIL TON TU R N O U T Reg Voters Cnrds Cast ¼ Turnout Jurisdiction \\11dc MLOII 2198 556 25.30'/4 ML012 ,142 103 23.3°'"~ MLOlB 117 2-1 20.51¾ ML021 1790 439 24.53'"'- ML022 221 62 28.05% ML023 1398 347 24.82'/4 ~1L024 100 35 35.~I ML03 3513 894 25.45¾ Ml,04A 16-10 341 20.79'/, ML04B 1134 314 27,69'/4 ML04C 73 21 28.77¾ ML05A 38 6 15.79'1. ML058 350 76 21 71¾ ML05C 3732 580 15.54¾ ML06A 1689 85 S.03'-l ML06B 2539 224 8 82'/4 ML071 93 24 25.81¾ ML072 1104 2·13 2201¾ ML07A 651 138 21 20'1. Tolll l 22822 4512 19.77¾ Statem ent of Votes Cast Dntc: 11/13/17 Fulton County, Georgia Time: 12:)8: IR Pagc:2 of 5 General Municipal and Special Election November 7, 2017 Official and Complete CITY OF MIL TON MILTON MAYOR Reg Voters Times To1nl Votes JOE I.OCKWOOD (I) LAURA RENCIIER Write-In Votes Counted Junsdicuon Wrde ML0II 2198 556 551 370 67.15% 181 32.85% 0 0,041,; MI0I']. J4? 1m 101 7~ 74 ,,,./4 26 2$ 74% 0 0,00'/, ML0IB l 17 24 24 10 41.673/, 14 58.33% 0 0.00'/4 ML021 1790 439 434 312 7189% 122 28.11¾ 0 0.00'/4 ML022 221 62 61 45 73 77¾ 16 2623% 0 o.~~ ML023 1398 347 3,15 244 70.72% 101 29.28'/4 0 0,00'/4 ML024 100 35 35 20 57.14% 15 42.86% 0 O.~~ ML03 3513 89-1 883 595 67 3~~ 287 3250% I 0.llo/. ML04,\ 1640 341 3•10 229 67 35% Ill 32.6So/, 0 o.~~ Ml.048 1134 314 310 222 7161% 87 28,06o/, l 0.32% MLOJC 73 21 21 14 66 6 7~'. 7 33.33o/o 0 0.00'/4 MI.0SA 38 6 6 3 5000% 3 50.00'/4 0 0.00'/4 ML0SO 350 76 76 ·16 60.53~, 30 39.4 7~~ 0 0.00'1. ML0SC' 3732 580 512 Jg.I 67.13% 187 32.6~~ l 0.1~'. Ml.06A 1689 85 82 32 39.02% 50 60.98~'. 0 0.00'/4 ML0613 2539 224 220 108 49.~~ 109 49.55% 3 1.36% Ml.071 1)1 24 21 If, 6<1.H¾ 7 30.-IJ¾ 0 0,00'/, Ml.072 11().1 243 241 ISO 62.24% 90 37.34% l 0.4lo/, Ml.07A 651 138 IJR 86 62 32% 52 37,68% 0 000¾ Totol 22822 4512 4463 2961 66,)51/, 1495 33.50% 7 016% Statem ent of Votes Cast Date: l 1/13/17 Fulton County, Georgia Time: 12:38: 18 Page.J of5 General Municipal and Special Election November 7, 2017 Official and Complete CITY OF MIL TON MILTON CC DI r1 Res- Voters Times Toto! Votes PEYTON MMISON Write-In Votes Counted Jurisdiction Wide ~IL0II 2198 556 482 474 98.34% 8 1.661/. ML012 442 103 87 85 97. 70'/4 2 2.30'.I. ML0!B 117 24 15 15 100.00',~ 0 0.00',: ML021 1790 439 369 360 91.56% 9 2.4 41/. ML022 221 62 52 52 100.00% 0 0.00'1. ML023 1398 3.17 291 287 98.63~· 4 1.37°.I. ML024 100 35 24 24 I 00.00'/4 0 0.00'1. ML03 3513 894 721 708 98.20'/4 13 I.SO'/. ML0-1,\ 1640 341 289 288 99.65% I 0.35¾ ML04 8 1134 314 259 25'1 98.07'/4 5 1.933/, ML04C 73 21 17 16 94.12% I 5.88o/. ML05A 38 6 4 4 100.00'/4 0 0.00'/ ML058 350 76 58 57 98,28"/4 I 1.7~1 ML05C 3732 580 46-1 460 99.1,1% 4 0.86% ML06A 1689 85 58 55 94.83% 3 5.17°/, ML06B 2539 224 177 175 9887% 2 1.13% ML071 93 24 18 18 100.00'/4 0 0.00% ML072 11().1 243 193 185 95.85% 8 4.15'¼ ML07A 651 138 Ill I 10 9910¾ I 0,90'/, Toutl 22822 4512 3689 3627 98.32% 62 1.68".I. Statem ent of Votes Cast Date: 11/13/17 Fulton County, Georgia Time: 12:]R: I l! Page:4 of 5 General Municipal and Special Election November 7, 2017 Official and Complete CITY OF MIL TON MILTON CC D2 Pl Rqj. Volin ITmi cs 'Total Voles LAURA BENTLEY BILL LUSK (I) Wnic-ln Votes Counted Jurisdlcnon Wide ML0II 219 8 556 549 ,116 75, 77',~ 132 24.04'/4 I 0.18'/4 Ml.012 442 101 100 61 <,; 00-/4 17 1700% 0 000'/4 ML0IB 117 24 23 II ,17,83¾ 12 52 17',~ 0 0,00'/4 ML02I 1790 439 431 335 77 73•1. 95 22.().l'/4 I 023'1. ML022 221 62 62 50 80.65% 12 19.35~'. 0 0,00% ML023 1398 3,17 343 263 76.68'/4 80 23 32% 0 0,00'/4 ML02,I 100 35 35 19 54,29'/4 16 45.71% 0 0.00'1~ ML03 3513 894 886 667 75.28'/4 215 1-1,27~'. ,1 0.4S~'. MLO<IA IMU J,11 JJ\I 263 'l'l,58'¼ 71, 22,4~'. 0 0.00'/4 ML0.1B 1134 314 313 221 70.61% 91 29.07% I 0.32'/4 MLO.IC 73 21 21 14 6667¾ 7 33.33% 0 0.00'/4 ML05A 38 6 6 6100.~'. 0 o~~ 0 0.00'/4 ML05B 350 76 76 45 59,21¾ 31 40,79% 0 0,00'/, ML0SC 37.12 580 572 372 65 03~'. 199 34 79'/4 I 0.17¾ ML06A 1689 85 80 49 61.:?.5~'. 29 36.25'/4 2 2.50% ML06B 2539 224 222 126 56.76% 96 43.24~~ 0 0.00'}'. ML071 93 24 2.l IJ .Sf, 52'/4 10 .S14~{. 0 OOO'I'. ML072 1104 2-13 239 152 63.60"/4 87 36.4re'. 0 0,Q0"/4 ML07A 651 138 137 83 6058% 54 39 42',. 0 0,00'/4 Total 22822 4512 4457 3168 71 OS-/4 1279 28 70% 10 0.22'/4 Statem ent of V otes Cast Date: 11/13/17 Fulton County, Georgia Timc:12:38:18 Pagc:5 of5 General Municipal and Special Election November 7, 2017 Official and Complete CITY OF MlLTON MILTON CC 03 Pl Reg. Voters Times Total Votes JOSEPH LONGORIA Write-In Votes Counted (I) Junsdicnon Wide MLOII 2198 556 453 445 98.23% 8 1.rr;. MLOl2 442 103 8·1 S2 97.62% 2 2 38% MLOIB 117 24 IJ 12 92.31% 1 7.69'1. ~'IL021 1790 -139 3·11 33,1 97.95% 7 2.05% ML022 221 62 50 50 100.00"/4 0 0.00"!. ML023 1398 347 267 260 97.38'/4 7 2.6 ?/ ML024 JOO 35 28 28 100.00"/4 0 0.00"1. ML03 3513 894 707 692 97.88% IS 2.12'1. ML04A 1640 341 162 255 97.33% 7 2.67'!. ML04B 1134 31-l 251 245 97,61o/, 6 2.39'1. ML04C 73 21 16 15 93 75% I 6.2 5~1 ML05A 38 6 •I 4 100.00% 0 0.00'1. ML058 350 76 57 55 96.49% 2 3.51% ML05C 3732 580 0173 468 9S.9-1% 5 1.06'!. ML06A 1689 85 61 58 95.08'/4 3 4.92'!. ML060 2539 224 185 181 97.S.lO,~ 4 2.16% ML071 93 2·1 19 19 100.00"/4 0 0.00"!. ML072 1104 243 184 180 97 83% ,I 2-l'l'A ML07,\ 651 138 113 113 100 ~,. 0 OW,' Touil 21822 4512 3568 3496 97.98% 72 2.0~'. 9 TO: FROM: ,M I LTO N'11P ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 14, 2017 Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Approving Participation in the 2020 United States Census "Local Update of Census Addresses" Operation, and Execution of a Related Registration Form and Confidentiality Agreement MEETING DATE: Monday, November 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1 PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,�`YES () NO CITY ATTORNEY REVIEW REQUIRED: („(ES () NO APPROVAL BY CITY ATTORNEY: (,KAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: I I! 14>f u 9 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us 1 www.cityofmiltongo.us 0000 To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on November 14, 2017 for the November 20, 2017 Regular Council Meeting Agenda Item: Consideration of a Resolution Approving Participation in the 2020 United States Census “Local Update of Census Addresses” Operation, and Execution of a Related Registration Form and Confidentiality Agreement ___________________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The federal Census Address List Improvement Act of 1994 (Public Law 103-430), codified in principal part at 13 U.S.C. § 16, authorized the United States Census Bureau to share residential individual addresses with officials of tribal, state, and local governments for review to improve the accuracy of federal censuses and surveys. In preparation for the 2020 National Census, the US Bureau of Census has requested the participation of local governments in the Local Update of Census Addresses (LUCA) operation. The City’s participation will aid in the accuracy of the decennial census count and ensure the city’s fair proportioning. Staff is willing and able to take all steps reasonably necessary and appropriate to participate in the Local Update of Census Addresses (LUCA) Operation for the 2020 Census. Staff has read and understands the LUCA project requirements and is able to comply with the confidentiality requirements required by law and described in the Confidentiality Agreement. Funding and Fiscal Impact: None Alternatives: None Legal Review: Ken Jarrard – Jarrard & Davis 11-13-2017 Concurrent Review: Steve Krokoff Attachment(s): Resolution to approve Milton’s participation in the 2020 US Census LUCA project LUCA application form for Mayor’s signature Confidentiality Security Guidelines Page 1 of 1 STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION OF THE CITY OF MILTON, GEORGIA APPROVING PARTICIPATION IN THE 2020 UNITED STATES CENSUS “LOCAL UPDATE OF CENSUS ADDRESSES” OPERATION, AND EXECUTION OF A RELATED REGISTRATION FORM AND CONFIDENTIALITY AGREEMENT WHEREAS, the federal Census Address List Improvement Act of 1994 (Public Law 103-430) (the “Act”), codified in principal part at 13 U.S.C. § 16, authorizes the United States Census Bureau to share residential individual addresses with officials of tribal, state, and local governments for review to improve the accuracy of federal censuses and surveys; WHEREAS, pursuant to federal law, information provided to local governments under the Act must be kept confidential (13 U.S.C. §§ 9, 16); WHEREAS, the City of Milton desires to participate in the Local Update of Census Addresses for the 2020 United States Census; WHEREAS, the City of Milton is willing and able to comply with the confidentiality requirements required by law; NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: 1. The City hereby authorizes the Mayor to sign on the City’s behalf the Registration Form attached hereto as part of Exhibit A. 2. The City hereby authorizes the Principal Planner to sign on the City’s behalf the Confidentiality Agreement Form attached hereto as part of Exhibit A. 3. City staff are hereby authorized and directed to take all steps reasonably necessary and appropriate to participate in the Local Update of Census Addresses Operation for the 2020 Census. 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 ______ day of _______, 2017. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie Gordon, City Clerk Exhibit A FORM 0.2004 (6-28-2017) OMB. No. 0607-0994: Approval Expires 12/31/2019 U.S. DEPARTMENT OF COMMERCE Economics and Statistics Administration U.S. CENSUS BUREAU Confidentiality and Security Guidelines 2020 Census Local Update of Census Addresses Operation (LUCA) CUiaited States - ensus 2020 FORM D-2004 (6-26-2017) OMB. No. 0607-0994: Approval Expires 12/31/2019 U.S. DEPARTMENT OF COMMERCE Economics and Statistics Administration United States- U.S. CENSUS BUREAU Census 2020 Confidentiality and Security Guidelines 2020 Census Local Update of Census Addresses Operation (LUCA) 1. Introduction Federal law, under Title 13 of the United States Code (U.S.C.), requires the U.S. Census Bureau to maintain the confidentiality of the information it collects. The Census Bureau takes this responsibility very seriously. Respondents place their trust in the Census Bureau each time they complete a survey or an interview. This trust in confidentiality is critical to the success of the Census Bureau's mission to collect and report the most accurate data possible. To uphold the law, the Census Bureau requires that any individuals with access to Title 13 materials adhere to the prescribed confidentiality and security guidelines. 2. Title 13, U.S. Code Chapter 1, Section 9 of Title 13, U.S. Code states: "Neither the Secretary, nor any other officer or employee of the Department of Commerce or bureau or agency thereof, or local government census liaison, may, except as provided in section 8 or 16 or chapter 10 of this title ... 1) use the. information furnished under the provisions of this title for any purpose other than the statistical purposes for which it is supplied; or 2) make any publication whereby the data furnished by any particular establishment or individual under this title can be identified; or 3) permit anyone other than the sworn officers and employees of the Department or bureau or agency thereof to examine the individual reports." In 1994, under Public Law 103-430, the U.S. Congress amended Chapter 1 of Title 13 to allow the local government census liaison to review and update the Census Bureau's address information for their jurisdiction. Although the amendment allows official local government access, the amendment reaffirmed the confidential nature of the Census Bureau's address information. Census information protected under Title 13 includes: • Everything on a completed or partially completed questionnaire or any information obtained in a personal or telephone interview. • Individual addresses maintained by the Census Bureau, including those shared with governments through the 2020 Census Local Update of Census Addresses Operation (LUCA). • Digital or paper maps with latitude/longitude coordinate data that identify the location of living quarters (structure points). The penalty for the wrongful disclosure or release of information protected by Title 13 is a fine of not more than $250,000 or imprisonment for not more than 5 years, or both, as set by Section 214 of the Code and the Uniform Sentencing Act of 1984. Title 13 U.S.C. does not apply to generalized address information, such as address range data available in the Census Bureau's digital products or address counts by census block. 3. The Confidentiality Agreement To participate in LUCA, a government must designate a LUCA liaison. The LUCA liaison, LUCA reviewers, and anyone with access to Title 13 materials must sign the Confidentiality Agreement. The Census Bureau will not deliver LUCA materials to a participant until we have received the completed and signed Confidentiality Agreement and the Confidentiality and Security Checklist. The Census Bureau's Title 13 data, including addresses and latitude/longitude coordinate data (structure points), cannot be used to create, update, nor modify a tribal, state, or local jurisdiction's address list or database. A signature on the Confidentiality Agreement constitutes a legal agreement by each individual to keep confidential Census Bureau Title 13 data and abide by the security guidelines outlined below. While access to Title 13 materials is temporary, the commitment to keep the information confidential is effective for a lifetime. 4. Security Guidelines The LUCA liaison accepts the responsibility for protecting and safeguarding the LUCA materials. The liaison must restrict access to the Census Bureau's information covered under Title 13 to those individuals who have signed the Confidentiality Agreement. 4.1 Protecting Digital Title 13 Materials Operating systems, programs, applications, and data are collectively referred to as Information Technology (IT) systems in this document. Any IT systems used for LUCA participation must be accessible only to those who have signed the Confidentiality Agreement. Your IT systems should restrict the read, write, and delete functions to all Title 13 materials. Digital Guidelines • Construct electronic security profiles to allow only the LUCA liaison and the LUCA reviewers to access Title 13 materials. Test your security to ensure that access is restricted. • Use file encryption and passwords to protect all digital Title 13 materials at all times. Encrypt files using the Advanced Encryption Standard (AES) with key length of 256 bits. • Do not leave computers with Title 13 materials unattended. Log -off computers, lock terminals, and lock the room when not in use. • Label all digital media and every printed page of any paper materials produced from Title 13 digital media with the following: "This document contains information, the release of which is prohibited by Title 13, U.S.C, and is for U.S. Census Bureau offwial use only. Wrongful disclosure or release of information can be punished by fine or imprisonment (Public Law 99-474)." • Do not send backup digital media off-site. Store in a secured area. Do not mix, store, or back-up LUCA data with other data. • Clear dedicated digital media containing Title 13 materials before reuse. Overwrite Title 13 digital data minimally three times using a commercial disk utility program. • Do not disclose precise or even anecdotal information about Census Bureau addresses or locations to anyone who has not signed the Confidentiality Agreement. FORM D-2004 (6-28-2017) 4.1 Protecting Digital Tile 13 Materials — Continued Password Guidelines The IT systems must use logon routines that require a user -ID and password that conform to the following guidelines: • Unique user -ID and password required for the LUCA liaison, the LUCA reviewers, and anyone who has signed the Confidentiality Agreement. • Must consist of at least twelve, nonblank characters consisting of at least one alphabet letter and either one number or one special character (for example: $,*, or &). • Reject passwords that are the same as the user -ID or that have been used within the last six months. • Encrypt passwords. ' Disable passwords after three failed attempts. • Mask passwords. • Require password changes every 90 days or immediately, if compromised. • Require user to change an assigned password to a unique password the first time the user accesses a new account. 4.2 Protecting Paper Title 13 Materials • Do not leave Title 13 materials unattended. Secure all Title 13 materials in a locked room. If possible, store Title 13 materials in locked desks or cabinets. • Copy only the Title 13 materials necessary to complete the LUCA review. Do not leave the copy machine unattended while making copies. All copied materials containing Title 13 information must bear the statement: "Tliis document contains information, the release of which is prohibited by Title 13, U.S.C, and is for U.S. Census Bureau official use only. Wrongful disclosure or release of information can be punished by fine or imprisonment (Public Law 99-474)." • Do not disclose precise or even anecdotal information about Census Bureau addresses or locations to anyone who has not signed the Confidentiality Agreement. 4.3 Reporting an Incident If you discover that any Title 13 materials have been viewed by unauthorized persons or are missing from your inventory, you must: 1) Contact the Census Bureau through the Census Incident Response Team (CIRT) at (301) 763-3333 within 24 hours. You must provide the following information: • Jurisdiction Name. • Date and time of the incident. • Name of the contact person. • Phone number of contact person. • Site address of incident. 2) Immediately secure all remaining materials. Prohibit any further access, by anyone, including the LUCA liaison and anyone who signed the Confidentiality Agreement. Census Bureau staff will contact your office within 48 hours with information on how to proceed. 3 FORM D-2004 (6-28-2017) 4.4 On-site Visits The Census Bureau may make an on-site visit to review a participant's security procedures. The Census Bureau will strive not to disrupt office operations. A visit may include a review of: • Storage and handling of Title 13 materials. • Employee access to Title 13 materials. • Physical safeguard of stored Title 13 materials. • IT Systems, including use of passwords. • Employee awareness of their responsibilities to Title 13 materials. 4.5 Destruction of Census Bureau Confidential Materials After the entire LUCA operation has concluded, all Title 13 materials must be destroyed (preferred method) or returned according to the Census Bureau's specific guidelines. The LUCA liaison is required to verify the destruction or return of any Title 13 materials, both paper and digital, including all paper copies, backup files, etc., by signing and returning the Destruction or Return of Title 13, U.S.C. Materials form. In addition, anyone who signed the Confidentiality Agreement is required to sign this form once their participation in LUCA has ended. Should any liaison, reviewer, or anyone who signed the Confidentiality Agreement leave before the completion of LUCA, they must sign and date this form. If any liaison, reviewer, or anyone who signed the Confidentiality Agreement is unable to sign and date the form, the current liaison must sign and date on their behalf. Only individuals who signed the Confidentiality Agreement are permitted to destroy Title 13 materials: • Never deposit Title 13 materials in a trash or recycle container, or dispose of information in a landfill before destruction procedures are completed. • Destruction must prevent recognition or reconstruction of paper or digital Title 13 materials. Use one of the following methods: o Shredding or pulping. o Chemical decomposition. o Pulverizing (such as, hammer mills, choppers, etc.). o Burning (facility approved by the Environmental Protection Agency). o Clear dedicated digital media containing Title 13 materials before reuse. Overwrite Title 13 digital data minimally three times using a commercial disk utility program. o Clearing or sanitizing all print servers and multifunction printing or scanning devices with stored images or print files containing Title 13 data. o Destroying CDs and DVDs using a shredder or other method suitable for rendering them un -usable. Note: Hand tearing is an unacceptable method of disposal before destruction. See the National Institute of Standards and Technology, Special Publication 800-88, Revision 1, Guidelines for Media Sanitization for further information on acceptable methods for digital media and office equipment sanitization. <http://nvlpubs.nist.gov/nistpubs/S pecialPublications/NIST.SP.800-88r l .pdf> FORM D-2004 (6-28.2017) 4.6 Returning Census Bureau Title 13 Materials After the entire LUCA operation has concluded, all Title 13 materials must be destroyed (preferred method) or returned according to the Census Bureau's specific guidelines. If you choose to return the Title 13 materials rather than destroying them, follow these guidelines: 1) Ship the Title 13 materials, double -wrapping them by using an inner and an outer envelope (or container), one within the other. These should be durable enough to prevent someone from viewing or tampering with the enclosed material. 2) Label both sides of the inner envelope (or container) with the notice: "DISCLOSURE PROHIBITED BY Title 13, U.S.C." 3) Place the inner envelope (or container) into the outer envelope. 4) Use the mailing label that was included in the initial mail -out of materials. If you have misplaced the mailing label, please contact the Census Bureau to have a replacement label sent to you. 5) Include with the returned materials, a signed D-2012, Destruction or Return of Title 13, U.S.C. Materials Form. Ensure that all reviewers and anyone with access to the Title 13 LUCA materials signs this form. 6) If you do not use the mailing label, ship using a service that provides tracking information, such as U.S. Postal Service trackable delivery, FedEX, United Parcel Service (UPS), or similar service. INNER ENVELOPE DISCLOSURE PROHIBITED BY Title 13, U.S.C. (on both sides) FORM D-2004 (6-28-2017) EN OUTER ENVELOPE ATTN: Geography LUCA BLDG 63-E National Processing Center 1201 East 10th Street Jeffersonville, IN 47132 FORM D-2002 (2-22-2017) OMB No. 0607-0994: Approval Expires 12/31/2019 U.S. DEPARTMENT OF COMMERCE Entity ID Economics and Statistics Administration United States U.S. CENSUS BUREAU pL1351670 Census REGISTRATION FORM 2su 2020 CENSUS LOCAL UPDATE OF CENSUS Government Name L ADDRESSES OPERATION (LUCA) Milton city PARTICIPATIONA. • Deadline December 15, 2017) 1. YES Our government is registering for LUCA. — Complete Sections B and C. 2. ❑ NO Our government is not registering for LUCA. — Complete Section B and mark an (X) for each reason that applies: a. ❑ Another level of government (state or county) f. ❑ Concerns about Census Bureau Title 13 materials that includes our jurisdiction is participating g. ❑ Restrictions on using Census Bureau Title 13 materials for in LUCA Hs. ❑Insufficient staff other purposes c. ❑Lack funds h. ElOther reason — Specify (Please print) of d. ❑ No time/too busy e. ❑ No local address list available Thank you for your comments. We will use them to help improve future LUCA operations. 0. SIGNATURE OF TRIBAL CHAIR OR HIGHEST ELECTED/APPOINTED OFFICIAL RESPONDING TO THE LUCA INVITATION 1. Printed name of Tribal Chair or Highest Elected Official/Appointed Official - First, middle initial, last L -6c k W Oo D 2. Signature of Tribal Chair or Highest Elected Official/Appointed Official Date Month Day Year 3. Position — (e.g., Tribal Chair, Governor, Commissioner, Mayor, Supervisor; please do not abbreviate) — Please print NIR-i')I,. Number and street name 4. Physical/ -OJ 4 WALK— Mailing City State ' ZIP Code address i M t LT(3 t)0QyJ S. Telephone 6. Email address Area code Number Extension us C. INFORMATIONDesThis is the person ignate covered Complete this section only if you are participating in LUCA 1. Name —(Please print) I h elm McsvTos - �2os s 2. Department, Organization, or Agency name — (e.g., Planning and Zoning, Regional Planning Agency, please do not abbreviate) 1411f6rt eor 3. Position — ((e.g., Tribal President, Director, Assessor, Planner; please do not abbreviate) 4. Number and street name Physical/ -2-00(o Mailing City State ZIP Code address M %fort I 3000 5. Telephone 6. Email address Area code Number Extension 7 -? 2- 2 5 3 8- iyliGh���•rrllrr� h-�05_SC�� �I'Ii%fn 'q -a) Complete this form and return it along with the completed, signed copies of the Product Preference Form, Self -Assessment Checklist, and Confidentiality Agreement. Use the enclosed postage -paid envelope addressed to ATTN: Geography LUCA Materials 63-E, National Processing Center, 1201 East 10th St, Jeffersonville IN 47132. As an dnundave, yuu uray scan yuur curnuturuu turns, rrtctuuuty rulrns will/ stynatures, and ernan rnem to Utuzuzd.wc,HeW_census.gov. / 17762 FORM 0-2003 (7-t0-2017) OMB No. 0607-0994, Approval Expires 12/31/2019 U.S. DEPARTMENT OF COMMERCE I Entity ID Economics and Statistics Administration United States U.S. CENSUS BUREAU ' Census PRODUCT PREFERENCE FORM PLI351670 Government Name 2020 2020 CENSUS LOCAL UPDATE OF CENSUS ADDRESSES OPERATION (LUCA) Milton city Please mark (X) to select a product preference format (Choose #1 OR #2 below) 1,'Q GUPS - The Census Bureau's Geographic Update Partnership Software (CUPS) is a self-contained Geographic Information System (GIS) tool. It includes the Census Bureau's address list, address count list by census block, and partnership shapefiles. GUPS allows you to add external geospatial data (shapefiles, geodatabases, and imagery) for comparison and update pur- poses. GUPS functions on Windows XP, Vista, and Windows 7, 8, and 10, and Apple Mac OS X with additional bridge software. OR 2. ❑ Select one address list format in Section A and one map format in Section B. A. Address List - Select Digital or Paper B. Maps - Select Digital or Paper ❑ Digital - Requires the use of a spreadsheet or ❑ Digital - Partnership shapefiles that require the use of GIS database software. We will provide the files in Excel software. Address structure points are not included in the Comma Delimited Text (.csv) format. partnership shapefiles but can be created from the lat/long coordinates included on the digital address list. OR OR ❑ Paper - Available only to governments with 6,000 ❑ PaperlPDF - Large format paper map(s) (42" x 36") with a or fewer addresses. Each 8 1/2" x 14" page contains six DVD of small format (8-1/2" x 14") block maps in Adobe PDF (6) addresses (1,000 pages maximum). Choose one format that contain address structure coordinates showing the address sort preference below: location of residential addresses. Title 13 requirements apply. OR ❑ Census Tract#/Block#/Street Name/House#/Unit# ❑ Paper - Large format paper map(s) (42" x 36") only. This does not include a DVD of small format (8-1/2" x 14") block maps in ❑ Street Name/House#/Unit/Census Tract#/Census Adobe PDF format that contain address structure coordinates Block# (alphanumeric sort) showing the location of residential addresses. Non -Title 13. You may access the current number of addresses by Note: The shapefiles do NOT contain address points. census block the Census Bureau has on file for your If you choose a paper address list and digital jurisdiction at http://www.census.gov/geo/partnershipslluca.html. maps, you will not see map spots in the digital environment. You must select Paper/PDF to review the address structure points. LUCA Liaison Package Delivery Address. Title 13 materials must be delivered to the LUCA liaison. Please print. Liaison Name ehe% MC TWTosy- oss Department, Organization, or Agency name cl c� MWDo, gieor /a__ Number and street name Physical/ Mailing address City I State I ZIP Code *% or C I 3cao� Telephone Email address Area code Number Extension ? d-5- 2 5 3 8- i%iche%.r�Iei�J�sh-rossCcif n�7/fo/] a• us Name of the Person Completing This Form (Please print) Name Telephone Area code Number Extension Ac, hells s 3 9 - Email address Iyj/C�1c�E•�ilC/�ItDS�]-/ Date /0r 3l' .20 Complete this form and return it along with the completed, signed copies of the Registration Form, Self -Assessment Checklist, and Confidentiality Agreement. Use the enclosed postage -paid envelope addressed to ATTN: Geography LUCA Materials 63-E, National Processing Center, 1201 East 10th St, Jeffersonville IN 47132. As an alternative, you may scan your completed forms, including forms with signatures, and email them to 17762 FoRN D-2005 (4-5-2017) OMB No. 0607-0994: Approval Expires 12/31/2019 I I C nFPnPT1\AFNIT ni:- r-nAAAAFRr`F I Entity ID _ United States CONFIDENTIALITY coorom,csand S'=.'et.,=Alj --'a-_ U.S. CENSUS BUFau Census PL1351670 AGREEMENT FORM Government Name 2020 2020 CENSUS LOCAL UPDATE OF CENSUS ADDRESSES OPERATION (LUCA) Milton city RESPONSIBILITIESA. TERMS, CONDITIONS, AND • All LUCA liaisons, reviewers, and anyone with access to Title 13, United States Code (U.S.C.) LUCA materials must agree to keep confidential the Title 13 materials to which they have access, including any maps that contain structure points showing the location of living quarters. They may use this information solely for suggesting improvements to the Census Bureau's address list and maps. All individuals who will review or have access to Census Bureau Title 13 materials must sign below to indicate they have read and understand the Census Bureau's Confidentiality and Security Guidelines for LUCA. In addition, those who sign the agreement swear, under penalty of perjury, to maintain the confidentiality of Census Bureau materials protected under Title 13. Further, a signature indicates recognition that the penalty for wrongful disclosure is a fine of not more than $250,000 or imprisonment for not more than 5 years, or both. Although access to the data is temporary, this commitment is permanent. You must be at least 18 years of age to sign this agreement. By signing this agreement, your government agrees to destroy all Census Bureau Title 13 materials or return them to the Census Bureau at the completion of LUCA. LIAISONB. • • Liaison's Printed Name Area code Telephone number Ext Liaison's Signature Date Month Day Year Name of LUCA Liaison's Office, Department, or Agency — (Assessor's Office, Planning Department, Regional Planning Agency, etc.) — Please print Address of LUCA Liaison's Office, Department, or Agency — (House number and street name, RR or HC, and box number) — Please print City State ZIP Code Email address IVIG Itile—. IVG l!jt05%-/OSSg, m/M/0/7 c� • Z/s rz/zkr INFORMATIONC. FOR • TO TITLE 13, U.S.C. MATERIALS Printed name Area code Telephone number Ext. a C- Al 9 :.. t r7 — (n 7 —12 — 2 SV S 7771 Signature Date Month Day Year Wiz_f 1 n 1 'sL c: s '� Address, if different from Liaison — (House,41pber and street name, RR or HC, and box number) — Please print City State ZIP Code i I Email address US Printed name Area code TelepFiFhone number Ext. (��9l Signatures Date Month Day Year 1 Address, V different from Liaison — (House number and street name, RR or HC, and box number) — Please print City State ZIP Code I I E-mail address Section C continued on "—_/.. 1,„ti /— :_,�.—/',,, ./1,.n/— rf!' *hn rnuarao ` wa l3X•s(C�i(ui C-/1VV'r/i/III VI17c.( "�rJ --_-------- / 17762 Printed name\ Area code Telephone number Ext. Signature Date --� Month Day Year Address, if different frorR t aison — (House number and street name, RR or HC, and box number) — Please print City State ZIP Code i I Email addr o.,4 Printed name Area code Telephone number Ext. Signature Date Month Day Year Address, if different from Liaison — (House number and street name, RR or HC, and box number) — Please print City State ZIP Code I I E-mail address Printed name Area code Telephone number Ext. Signature Date Month Day Year Address, if different from Liaison — (House number and street name, RR or HC, and box number) — Please print City State ZIP Code I I E-mail address Printed name Area code Telephone number Ext. Signature Date Month Day Year Address, if different from Liaison — (House number and street name, RR or HC, and box number) — Please print City State ZI P Code I I E-mail address Complete this form and return it along with the completed, signed copies of the Registration Form, Self-Assessment Checklist and the Product Preference Form. Use the enclosed postage-paid envelope addressed to ATTN: Geography WCA 63-E, National Processing Center, 1201 East 10th St., Jeffersonville IN 47132. Rather than mailing, you may scan your completed forms, including forms with signatures, and email them to us at G EO.2020. WCA @ ce nsus. qov Foam D-2005 (4-5.2017) FORM D-2006 (5-24-2017) OMB. No. 0607-0994: Approval Expires 12/31/2019 11 .S r1FPARTNAFNT rlF r nnnnnGRrrc I r:-;- ire cccnomics ana Statistics AdmmistraVnn United States U.S. CENSUS BUREAU Census ' 'LILY 'v SELF-ASSESSMENT SELF-ASSESSMENT CHECKLIST Government Name 2�2� 20 20 CENSUS LOCAL UPDATE OF CENSUS ADDRESSES OPERATION (LUCA) Milton city Confidentiality & PROTECTING CENSUS BUREAU TITLE 13 MATERIALS Guidelines Circle Y, Reference Nor NA 1. Do you understand that the Census Bureau's Title 13 data, including addresses and latitude/longitude coordinate data (structure points). cannot be used to create, update. nor modify a tribal, state, or local jurisdiction address data base? 3 Y N 2. Will you store Title 13 materials in a secure location? 4.1 , 4.2 Y N 3. Will you secure Title 13 materials to prevent unauthorized staff from accessing these materials? This includes staff members other than those who signed the Confidentiality Agreement, that have access to the offices, cabinets, or other areas where Title 13 4.1, 4.2 N materials are stored. 4. Will you construct electronic security profiles to allow only those who signed the Confidentiality Agreement to access the Census Bureau's Title 13 materials, if the Title 13 information is placed on a shared computer system? Required if you are selecting GUPS, the 4.1 Y N NA digital address list, or the Paper/PDF maps. 5. Will you ensure that your IT system restricts the read, write, delete, and execute functions applicable to the Census Bureau's Title 13 materials to only those individuals that signed 4.1 /� N NA the Confidentiality Agreement? Required if you are selecting GUPS, the digital address list, or the Paper/PDF maps. 6. Will you assign an encrypted, unique user -ID and password for each LUCA liaison, reviewer, and anyone with access to Title 13 materials? Required if you are selecting 4.1 Y O N NA GUPS, the digital address list, or the Paper/PDF maps. 7. Will you keep Title 13 data separate from your other data? Title 13 data cannot be backed -up, mixed with, nor stored with other data? Required if you are selecting GUPS. 4.1 O N NA the digital address list, or the Paper/PDF maps. Confidentiality & REPORTING AN INCIDENT Security Guidelines Circle Y or N Reference 8. Will you report to the Census Bureau all violations of unauthorized viewing or loss of Title 13 materials within 24 hours of discovery? 4.3 N Confidentiality & ON-SITE VISITS Security Circle Guidelines Y or N Reference 9. Do you understand that the Census Bureau may conduct on-site visits to your office to inspect your security measures regarding the Census Bureau's Title materials? 4.4 N Confidentiality & DESTRUCTION OR RETURN OF CONFIDENTIAL MATERIALS Security Circle Guidelines Y or N Reference 10. Will you destroy (the preferred method) or return the Title 13 materials according to the 4.5, 4.6 N approved destruction or return methods outlined in the Confidentiality and Security Guidelines?FT LUCA Liaison Signature LUCA Name (Print) Date �Liiaison_ 1'l11_,6 ��i �G� TOS�i' X055 IV— 3/— 020/ % Complete this form and return it along with the completed, signed copies of the Registration Form, Confidentiality Agreement, and the Product Preference Form. Use the enclosed postage -paid envelope addressed to ATTN.• Geography LUCA Materials 63-E, National Processing Center, 1201 East 10th St, Jeffersonville IN 47132. Rather than mailing, you may scan your completed forms, including forms with signatures. and email therm to t,, nt r,Fn Pngn r r rra n,.o,,_ 17762 TO: FROM: AGENDA ITEM: MEETING DATE: MILTON11IN ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 15, 2017 Steven Krokoff, City Manager Consideration of a Resolution Appointing a Member to the City of Milton Board of Zoning Appeals At Large. Monday, November 20, 2017 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (.4 -NO CITY ATTORNEY REVIEW REQUIRED: () YES (4--140 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: I Izo� )zc', % 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON BOARD OF ZONING APPEALS AT LARGE BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on November 20, 2017 at 6:00 pm. as follows: SECTION 1. That _______________ (At Large) is hereby appointed for a term commencing November 20, 2017 and ending on December 31, 2017 and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 20th day of November 2017. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk