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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
Peyton Jamison
Matt Kunz
Laura Bentley
Burt Hewitt
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, January 8, 2018 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Remco Brommet, Chaplain for the City of Milton Police and Fire
1) CALL TO ORDER
2) ADMINISTER OATH OF OFFICE TO ELECTED OFFICIALS
(Sworn in by Chief Municipal Judge Brian Hansford) Mayor Joe Lockwood Councilmember-Elect Peyton Jamison Councilmember-Elect Laura Bentley 3) ELECTION OF THE MAYOR PRO TEM
(Sworn in by Mayor Joe Lockwood)
4) ROLL CALL 5) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 8, 2018
Page 2 of 5
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678.242.2500.
6) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 18-001)
7) PUBLIC COMMENT
8) CONSENT AGENDA
1. Approval of the December 14, 2017 Special Called City Council Meeting
Minutes.
(Agenda Item No. 18-002) (Sudie Gordon, City Clerk)
2. Approval of the December 18, 2017 Regular City Council Meeting
Minutes.
(Agenda Item No. 18-003)
(Sudie Gordon, City Clerk)
3. Approval of the Financial Statements and Investment Report for the
Period Ending November 2017.
(Agenda Item No. 18-004) (Bernadette Harvill, Finance Director)
4. Approval of a Memorandum of Understanding between the City of Milton
and the Cities of Roswell and Alpharetta for Inclusion of Procedures for
Managing Shared Assets.
(Agenda Item No. 18-005)
(Rich Austin, Police Chief)
5. Approval of the Agreement for Automobile Body Repair Services between
the City of Milton and Premier Collision Center, Inc.
(Agenda Item No. 18-006) (Bernadette Harvill, Finance Director)
6. Approval of a Consent Order Based Upon Mediated Settlement, Fulton
County, Georgia, et al. Petitioners v. Drivetime Car Sales Company, LLC,
et al., Respondents; Civil Action File No. 2017CV290578.
(Agenda Item No. 18-007)
(Ken Jarrard, City Attorney)
9) REPORTS AND PRESENTATIONS
1. Proclamation Recognizing the Milton Steelers Football Team.
(Councilmember Matt Kunz)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 8, 2018
Page 3 of 5
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678.242.2500.
10) FIRST PRESENTATION
1. Consideration of RZ17-09 Text Amendment to Article IX – Crabapple Form
Based Code, 4.9 as it Relates to Parking.
(Agenda Item No. 18-008)
(Kathleen Field, Community Development Director)
2. Consideration of RZ17-10 Text Amendment to Article XX – Deerfield Form
Based Code, 4.9 as it Relates to Parking.
(Agenda Item No. 18-009)
(Kathleen Field, Community Development Director)
3. Consideration of an Ordinance to Amend the Fiscal Year 2017 Budget to
Address the Recognition of Property Tax Revenues and for Other Purposes.
(Agenda Item No. 18-010)
(Stacey Inglis, Assistant City Manager)
4. Consideration of an Ordinance to Amend the Fiscal Year 2018 Budget to
Address the Recognition of Property Tax Revenues.
(Agenda Item No. 18-011)
(Stacey Inglis, Assistant City Manager)
11) PUBLIC HEARING (None)
12) ZONING AGENDA
1. Consideration of RZ17-11 Text Amendment to Article XX – Deerfield Form
Based Code, Table 10: Specific Function and Use Regarding the T-6
Transect Zone.
(Agenda Item No. 17-323)
(First Presentation at City Council Meeting on December 4, 2017)
(Deferred at City Council Meeting on December 18, 2017)
(Kathleen Field, Community Development Director)
13) UNFINISHED BUSINESS
1. Consideration of Amendments to Chapter 20, Soil Erosion, Sedimentation
and Pollution Control, Article VI, Soil Erosion within the City of Milton Code of
Ordinances.
(Agenda Item No. 17-321)
(First Presentation at City Council Meeting on December 18, 2017)
(Carter Lucas, Assistant City Manager)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 8, 2018
Page 4 of 5
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678.242.2500.
14) NEW BUSINESS
1. Consideration of a Resolution Appointing or Reappointing Members to
the City of Milton Board of Zoning Appeals by Appointing a Board
Member At-Large and for District 1/Post 1, District 2/Post 1, District 3/Post 1
and District 1/Post 2.
(Agenda Item No. 18-012)
(Mayor Joe Lockwood)
2. Consideration of a Resolution Appointing a Member to the City of Milton
Cultural Arts Committee for District 1/Post 1.
(Agenda Item No. 18-013)
(Mayor Joe Lockwood)
3. Consideration of a Resolution Appointing or Reappointing Members to
the City of Milton Design Review Board by Appointing a Board Member
for District 1/Post 1, District 2/Post 1, District 3/Post 1 and District 1/Post 2.
(Agenda Item No. 18-014)
(Mayor Joe Lockwood)
4. Consideration of a Resolution Appointing or Reappointing Members to
the City of Milton Equestrian Committee by Appointing a Board Member
At-Large and for District 1/Post 1, District 2/Post 1 and District 3/Post 1.
(Agenda Item No. 18-015)
(Mayor Joe Lockwood)
5. Consideration of a Resolution Appointing or Reappointing Members to
the City of Milton Parks and Recreation Advisory Board by Appointing a
Board Member At-Large and for District 1/Post 1, District 2/Post 1 and
District 3/Post 1.
(Agenda Item No. 18-016)
(Mayor Joe Lockwood)
6. Consideration of a Resolution Appointing or Reappointing Members to
the City of Milton Planning Commission by Appointing a Board Member
At-Large and for District 1/Post 1, District 2/Post 1 and District 3/Post 1.
(Agenda Item No. 18-017)
(Mayor Joe Lockwood)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING JANUARY 8, 2018
Page 5 of 5
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15) MAYOR AND COUNCIL REPORTS
16) EXECUTIVE SESSION (if needed)
17) ADJOURNMENT
(Agenda Item No. 18-018)
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
:! �N
M I . u.
IP
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 2, 2018
Steven Krokoff, City Manager
Approval of the Financial Statements and Investment Report
for the Period Ending November 2017.
Monday, January 8, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ( APPROVED O NOT APPROVE( -)
CITY ATTORNEY APPROVAL REQUIRED: (J YES NO
CITY ATTORNEY REVIEW REQUIRED: () YES (4 NO
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted on December 18, 2017 for the January 8, 2018 Regular
Council Meeting
Agenda Item: Financial Statements for Period 2 – November 2017
Overview and Financial Highlights:
General Fund
Revenue collections for the General Fund are 10.90% over what is
anticipated for the second period of the fiscal year.
Please remember as you look at the financial statements that there are
several revenue sources whose collections in the first two periods of a new
fiscal year will be accrued back to the previous fiscal year. It is a generally
accepted accounting principle to apply the revenue to the period it is
intended for.
Total expenditures to-date are $5,799,262 and are 9.65% less than expected
for this period of the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project-by-project
basis. With a total project expenditure budget of $30,736,312, capital
expenditures-to-date total $818,949.
1 of 13
City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending November 2017
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Property Tax 15,958,000 1,235,832 1,051,500 184,332 1,244,043 1,051,500 192,543
Motor Vehicle Tax 452,000 51,956 37,350 14,606 51,956 37,350 14,606
Intangible Tax 265,000 22,327 22,075 252 22,327 22,075 252
Real Estate Transfer Tax 84,000 7,125 6,972 153 7,125 6,972 153
Franchise Fees 1,950,870 4,612 - 4,612 5,428 - 5,428
Local Option Sales Tax 8,500,000 715,669 705,500 10,169 715,669 705,500 10,169
Alcohol Beverage Excise Tax 298,000 27,337 24,734 2,603 27,337 24,734 2,603
Business & Occupation Tax 675,000 480 - 480 1,936 - 1,936
Insurance Premium Tax 2,000,000 - - - - - -
Financial Institution Tax 38,150 - - - - - -
Penalties & Interest 23,900 1,179 2,087 (908) 4,175 3,475 700
Alcohol Beverage Licenses 145,000 107,500 123,250 (15,750) 112,325 137,750 (25,425)
Other Non-Business Permits/Licenses 18,100 3,615 1,983 1,632 5,153 3,216 1,938
Zoning & Land Disturbance Permits 48,350 2,190 4,028 (1,838) 4,640 8,055 (3,415)
Building Permits 335,000 28,058 26,800 1,258 61,033 60,300 733
Intergovernmental Revenue - - - - - - -
Other Charges for Service 444,300 30,241 28,185 2,056 102,642 62,017 40,625
Municipal Court Fines 475,000 33,957 36,955 (2,998) 76,474 85,928 (9,453)
Interest Earnings 61,000 7,548 5,081 2,466 15,987 10,163 5,825
Contributions & Donations - 3,512 - 3,512 3,580 - 3,580
Other Revenue 63,200 12,039 5,248 6,791 13,484 10,496 2,988
Other Financing Sources 15,000 - 1,250 (1,250) - 2,500 (2,500)
Total Revenues 31,849,870 2,295,176 2,082,998 212,178 2,475,314 2,232,029 243,285
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Mayor and Council 168,869 8,295 11,226 (2,931) 24,811 30,477 (5,666)
City Clerk 353,535 11,934 17,133 (5,198) 133,667 179,708 (46,041)
City Manager 720,886 60,252 52,722 7,531 128,547 131,494 (2,946)
General Administration 60,374 3,264 4,975 (1,711) 8,776 10,005 (1,229)
Finance 495,534 38,684 48,963 (10,279) 84,794 99,252 (14,458)
Legal 275,000 1,418 - 1,418 32,664 24,334 8,330
Information Technology 837,417 52,409 65,692 (13,283) 120,723 147,237 (26,513)
Human Resources 333,864 18,111 25,646 (7,535) 38,000 52,164 (14,163)
Risk Management 258,600 - - - 137,219 137,219 -
General Government Buildings 197,970 15,293 16,491 (1,198) 20,994 32,982 (11,987)
Communications 198,926 11,220 15,327 (4,106) 24,604 34,192 (9,588)
Community Outreach & Engagement 118,746 8,463 9,891 (1,428) 17,326 19,783 (2,457)
Municipal Court 422,656 31,529 33,455 (1,926) 64,845 69,361 (4,515)
Police 4,772,628 318,195 368,022 (49,828) 739,057 871,451 (132,394)
Fire 6,941,347 861,239 530,544 330,695 1,345,184 1,501,352 (156,168)
Public Works 2,405,438 120,085 194,415 (74,330) 266,022 424,589 (158,567)
Parks & Recreation 1,127,527 41,977 58,637 (16,661) 78,627 114,582 (35,956)
Community Development 1,177,903 72,189 81,114 (8,925) 142,954 162,439 (19,485)
Economic Development 272,011 17,491 20,185 (2,694) 51,600 38,015 13,585
Debt Service - Capital Lease Payment 851,712 734,112 734,112 - 734,112 734,112 -
Operating Transfers to Other Funds 9,645,856 802,367 802,046 321 1,604,734 1,604,092 642
Operating Reserve 213,071 - - - - - -
Total expenditures 31,849,870 3,228,528 3,090,597 137,932 5,799,262 6,418,839 (619,577)
Net Income/(Loss)0 (933,352)(3,323,948)
Revenues Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
2 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Earth Day Vendor Fee -$ -$ -$ -$
Hometown Jubilee Vendor Fee - - - -
Interest Revenues - - 0 0
Crabapple Fest Sponsor 15,000 - - (15,000)
Earth Day Sponsor 1,000 - - (1,000)
Summer Event Sponsor 5,000 - - (5,000)
Mayor's Run Sponsor 1,000 - - (1,000)
Literary Festival Sponsor 500 - - (500)
Donations - - - -
Gas South Partnership - 418 418 418
Mayor's Run Reg. Fees - - - -
Holiday Card Sales 2,000 - - (2,000)
Literary Festival Food Sales - 380 380 380
Literary Festival Book & Author Event - 260 260 260
Total revenues 24,500$ 1,058$ 1,058$ (23,442)$
EXPENDITURES
Current:
Special Events 109,588$ 3,920$ 25,978$ 83,610$
Total Expenditures 109,588$ 3,920$ 25,978$ 83,610$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 17,450$ 1,454$ 2,908$ (14,542)$
Transfers in from Hotel/Motel Tax Fund 47,000 7,295$ 7,295 (39,705)
Total other financing sources and uses 64,450$ 8,749$ 10,204$ (54,246)$
Net change in fund balances (20,638)$ (14,716)$
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2017
3 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Interest Revenue - - - -
Total revenues -$ -$ -$ -$
EXPENDITURES
Current:
Economic Development -$ -$ -$ -$
Total Expenditures -$ -$ -$ -$
OTHER FINANCING SOURCES (USES)
Unallocated -$ -$ -$ -$
Transfers in from General Fund 50,000$ 4,167$ 8,333$ (41,667)$
Net change in fund balances (50,000)$ (8,333)$
City of Milton
Economic Development Incentives Bank Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2017
4 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations/State Funds -$ -$ -$ -$
Cash Confiscations/Fed Funds/US Marshal - - - -
Cash Confiscations/Federal Funds - - - -
Interest Revenues/State Funds - 2 4 4
Interest Revenues/Federal Funds - 3 5 5
Realized Gain on Investments/State Funds - - - -
Budgeted Fund Balance - - - -
Total revenues -$ 4$ 9$ 9$
EXPENDITURES
Current:
Police -$ 9,300$ 12,870$ (12,870)$
Total Expenditures -$ 9,300$ 12,870$ (12,870)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances -$ (12,861)$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2017
5 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 930,000$ 31,853$ 31,853$ (898,147)$
Interest Revenue - - - -
Total revenues 930,000$ 31,853$ 31,853$ (898,147)$
EXPENDITURES
Current:
Public Safety 930,000$ -$ -$ 930,000$
Total Expenditures 930,000$ -$ -$ 930,000$
OTHER FINANCING SOURCES (USES)
Unallocated -$ -$ -$ -$
Transfers out to Capital Projects -$ -$ -$ -$
Net change in fund balances -$ 31,853$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2017
6 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 73,000$ 7,295$ 7,295$ (65,705)$
Total revenues 73,000$ 7,295$ 7,295$ (65,705)$
OTHER FINANCING SOURCES (USES)
Transfers out to Special Events Fund 73,000 7,295 7,295 (65,705)
Total other financing sources and uses 73,000$ 7,295$ 7,295$ (65,705)$
Net change in fund balances -$ -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2017
7 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 105,000$ -$ -$ (105,000)$
Infrastructure Maint Penalty & Interest - - - -
Sidewalk Replacement Account - - - -
Paving Fund - - - -
Traffic Calming - - - -
Tree Recompense - - - -
Landfill Host Fees 130,000 - - (130,000)
HYA Fees - - -
Interest Revenue - - - -
Realized Gain or Loss on Investments - - - -
Cell Tower Lease 77,400 4,814 8,252 (69,148)
Insurance Proceeds/Public Safety - - - -
Insurance Proceeds/Parks & Rec - - - -
Insurance Proceeds/Public Works - - - -
Atlanta HIDTA Stipend - - - -
Capital Lease Proceeds - - - -
Total revenues 312,400$ 4,814$ 8,252$ (304,148)$
EXPENDITURES
Capital Outlay
City Council 950,014$ 18,314$ 18,314$ 931,700$
General Admin 27,762 - 27,762
General Govt Bldg 12,240,010 880 880 12,239,130
Finance - - - -
IT 69,212 - - 69,212
Court - - - -
Police 187,283 - - 187,283
Fire 2,161,735 - - 2,161,735
Public Works 9,628,067 6,688 59,880 9,568,187
Parks & Recreation 4,597,037 1,946 738,931 3,858,106
Community Development 875,192 740 944 874,248
Total Capital Outlay 30,736,312$ 28,568$ 818,949$ 29,917,364$
Excess of revenues over expenditures (30,423,912)$ (23,754)$ (810,696)$ (30,221,512)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 9,249,656$ 770,804.67$ 1,541,609.33$ (7,708,047)$
Transfers in from Capital Grant Fund - - - -
Transfers in from E-911 Fund - - - -
Impact Fees/Law Enforcement Fund - - - -
Impact Fees/Fire - - - -
Impact Fees/Road - - - -
Impact Fees/Park - - - -
Transfer to the General Fund - - - -
Unallocated - - - -
Lease Proceeds - - - -
Proceeds of Sale of Assets - - -
Budgeted Fund Balance - - - -
Total other financing sources and uses 9,249,656$ 770,805$ 1,541,609$ (7,708,047)$
Net change in fund balances (21,174,256)$ 730,913$
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2017
8 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Real Property Tax-Current Year 731,992$ 82,836$ 82,836$ (649,156)
Real Property Tax-Prior Year -$ -$ -$ -
Personal Property Tax-Current Year -$ 948$ 948$ 948
Intergovernmental Revenues -$ -$ -$ -
Interest Revenue (Regions)120,000 19,192 38,008 (81,992)
Interest Revenue (SunTrust)- - - -
Bond Proceeds - - - -
Total revenues 851,992$ 102,976$ 121,792$ (730,200)$
EXPENDITURES
Capital Outlay
Parks & Recreation 25,172,767 - - 25,172,767
Bond Principal - - - -
Bond Interest 731,992 - 282,304 449,688
Total Capital Outlay 731,992$ -$ 282,304$ 449,688$
Excess of revenues over expenditures 120,000$ 102,976$ (160,512)$ (280,512)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Transfers out to General Fund - - - -
Revenue Bond Proceeds - - - -
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances 120,000$ (160,512)$
City of Milton
Greenspace Bond Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2017
9 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Transportation Local Option Sales Tax 6,185,000$ 495,050$ 495,050$ (5,689,950)
Interest Revenues 98 184 184
Total revenues 6,185,000$ 495,149$ 495,234$ 184$
EXPENDITURES
Capital Outlay
Public Works 6,343,451 25,000 25,000 6,318,451
Total Capital Outlay 6,343,451$ 25,000$ 25,000$ 6,318,451$
Excess of revenues over expenditures (158,451)$ 470,149$ 470,234$ 6,813,685$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Transfers out to General Fund - - - -
Total other financing sources and uses -$ #-$ -$ -$
Net change in fund balances (158,451)$ #470,234$
City of Milton
Transportation Local Option Sales Tax (TSPLOST) Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2017
10 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
GDOT Crabapple Streetscape 500,000$ -$ -$ (500,000)$
GDOT TAP (Big Creek Greenway)- - - -
CDBG - - - -
LMIG Funds 397,791 - - (397,791)
GDOT HPP Funds 3,688,483 - - (3,688,483)
MARTA Grant - - - -
SR 9 @ Bethany Bend Grant - - - -
GDOT-Signage/Landscaping 4,062 - - (4,062)
Trail Connection to Big Creek Greenway - - - -
Interest Revenues - - - -
Total revenues 4,590,336$ -$ -$ (4,590,336)$
EXPENDITURES
Capital Outlay
Public Works 5,714,911$ 3,274$ 3,277$ 8,711,634$
Community Development 4,900 - - 4,900
Total Capital Outlay 5,719,811$ 3,274$ 3,277$ 8,716,534$
Excess of revenues over expenditures (1,129,475)$ (3,274)$ (3,277)$ 4,126,199$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 328,750$ 27,396$ 54,792$ (273,958)$
Transfers in to General Fund - -$ -$ -$
Budgeted Fund Balance - - - -
Total other financing sources and uses 328,750$ 27,396$ 54,792$ (273,958)$
Net change in fund balances (800,725)$ 51,515$
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2017
11 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Admin Fund 43,500$ 1,130$ 5,318$ (38,182)$
Law Enforcement Fund 23,000 474 2,824 (20,176)
Fire Fund 130,500 2,718 16,184 (114,316)
Road Fund 323,000 3,392 46,374 (276,626)
Park Fund 976,000 31,076 111,872 (864,128)
Interest Revenues/Admin Fund - (0) 0 0
Interest Revenues/Law Enforcement Fund - (0) 0 0
Interest Revenues/Fire Fund - (0) 2 2
Interest Revenues/Road Fund - (0) 7 7
Interest Revenues/Park Fund - (2) 12 12
Total revenues 1,496,000$ 38,787$ 182,596$ (1,313,404)$
EXPENDITURES
Admin
Police
Fire
Public Works
Parks & Recreation
Total Capital Outlay -$ -$ -$ -$
Excess of revenues over expenditures 1,496,000$ 38,787$ 182,596$ (1,313,404)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Transfer Out to General Fund/Admin (43,500) - - 43,500
Transfer Out to Capital Projects Fund/Law Enf (23,000) - - 23,000
Transfer Out to Capital Projects Fund/Fire (130,500) - - 130,500
Transfer Out to Capital Projects Fund/Road (323,000) - - 323,000
Transfer Out to Capital Projects Fund/Park (976,000) 976,000
Total other financing sources and uses (1,496,000)$ -$ -$ 1,496,000$
Net change in fund balances -$ 182,596$
City of Milton
Capital Projects Fund - Impact Fees
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended November 30, 2017
12 of 13
Amount Percent Yield
Money Market - Quantum Bank 7,226,105 58%0.55%
Money Market - EastWest Bank 4,851,892 39%1.00%
GA Fund 1 330,651 3%1.10%
Grand Total Investment Portfolio 12,408,648 100%
Current
Month YTD
Interest earned 7,548 15,930
Budgeted interest 10,000 60,000
Variance over/(under)(2,452) (44,070)
Month Ending November 30, 2017
Investment Portfolio
City of Milton
13 of 13
no
TO:
FROM:
MILTON"It
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 3, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Memorandum of Understanding Between
the City of Milton and the Cities of Roswell and Alpharetta for
Inclusion of Procedures for Managing Shared Assets for the
Purchase of an Armored Rescue Vehicle and Robots.
MEETING DATE: Monday, January 8, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (-f-A'PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (-KYES () NO
CITY ATTORNEY REVIEW REQUIRED: (4-'�ES () NO
APPROVAL BY CITY ATTORNEY: (-�-A PPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: a 1 O 3 18 4v
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: Rich Austin, Chief of Police
Date: January 8, 2018 Regular City Council Meeting
Agenda Item: Consideration of a Memorandum of Understanding Between the
City of Milton and the Cities of Roswell and Alpharetta for Inclusion
of Procedures for Managing Shared Assets for the Purchase of an
Armored Rescue Vehicle and Robots.
_____________________________________________________________________________________
Project Description:
The cities of Milton, Roswell, and Alpharetta are requesting consideration of approval
for the purchase of an armored rescue vehicle and robots for the North Fulton SWAT
Team. Also in tandem, the North Fulton SWAT Team is requesting approval of updates to
the current SWAT memorandum of understanding so that the equipment cost sharing is
included. (In 2011, the three cities merged their SWAT Teams to provide all three cities
with the efficient and effective SWAT services. The team is governed by a
Memorandum of Understanding (MOU) that explains how the team operates, how
division of assets is determined, as well as how other team costs are shared).
Responsible for a highly populated and large geographic area, the North Fulton SWAT
Team currently lacks the capabilities of providing effective armored rescue to its
citizens, officers, and employees. With the increase in critical situations across the
country, our cities request this resource to enhance our rescue capabilities which would
be urgently needed in a critical situation.
Along with the armored rescue vehicle, the North Fulton SWAT team lacks any robots to
use during critical incidents. The use of robots greatly mitigates the risk to public safety
personnel, while improving the surveillance and communication abilities of the SWAT
Team, thus allowing operators a safer means to better protect our communities.
The first presentation for this item was presented during the December 11, 2017 regular
city council meeting.
Procurement Summary:
The equipment will be purchased utilizing the three cities’ Federal/State Asset Forfeiture
Funds. The City of Alpharetta is taking lead on purchasing the equipment and The City
of Milton would pay the City of Alpharetta based on the procedures outlined in the
MOU. The City of Alpharetta is purchasing the ARV and Avatar Robot through a sole
source procurement method. The Throwbot robot is being purchased through a three-
quote procurement method. The requisition total listed below includes all purchased
items.
Avatar Robot: $8,651.34
Throwbot Robot: $2,902.14
Rescue Vehicle: $53,990.10
Purchasing method used: Other (See Comment Above)
Account Number: 210-3210-542200001 (Vehicle)
210-3210-542500001 (Robots)
Requisition Total: $65,552.58
Financial Review: Bernadette Harvill – January 3, 2018
Legal Review: Jeff Strickland, Jarrard and Davis (December 10, 2017)
Attachment:
North Fulton SWAT Memorandum of Understanding (MOU)
ALPHARETTA POLICE DEPARTMENT
MILTON POLICE DEPARTMENT
AND
ROSWELL POLICE
DEPARTMENT
North Fulton SWAT Team
MEMORANDUM OF
UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into by and between the City of
Alpharetta Police Department, City of Milton Police Department and the City of Roswell
Police Department (the “Participating Agencies”) to receive and extend assistance in the
form of the Unified SWAT and Crisis Negotiation Team (the “North Fulton SWAT
Team”), with related services and resources to one another when assistance is
requested. The North Fulton SWAT Team will consist of members from the three
Participating Agencies.
SECTION I - AUTHORITY
This MOU is effective as of the date of signature by the Chief Law Enforcement Officer
of each Participating Agency and applies to all activities engaged in by the Participating
Agency and shall continue in full force and effect until cancelled by one of the
Participating Agencies in accordance with Section IX of this MOU. The designated
representative identified below represents that he is authorized by his jurisdiction or
Participating Agency to enter into this agreement on behalf of the Participating Agency.
SECTION II - PROVISIONS FOR OPERATIONS ASSISTANCE
The Participating Agencies hereby approve and enter into this MOU whereby each
Participating Agency so represented may request and render North Fulton SWAT Team
assistance to one another including but not limited to a large scale extraordinary event,
a prolonged operation, any operation with expansive dynamics, or when the operation
requires North Fulton or related services and resources to one another.
SECTION III - REQUEST FOR ASSISTANCE
The respective Participating Agency Chief of Police and/or designee shall have
the authority to request or render North Fulton SWAT Team assistance.
In the event that a Participating Agency is in need of assistance as set forth above, it
shall, through its proper chain of command, notify the North Fulton SWAT Team
commander which may be contacted directly or through the Roswell or Alpharetta 911
Communications Center. In conjunction with the initiating Agency, the North Fulton
SWAT Team commander shall evaluate the situation and his available resources, and
respond appropriately. The North Fulton SWAT Team commander will take steps to
ensure all Participating Agency Chiefs of Police are immediately notified upon a North
Fulton SWAT Team activation.
SECTION IV - COMMAND AND SUPERVISORY RESPONSIBILITY
The North Fulton SWAT Team shall be under the direction and control of a three (3)
person Board of Directors, the membership of which shall be filled by the Chief Law
Enforcement Officer of each Participating Agency. Each Board Member shall have an
equal vote in all decision making regarding the management and operation of the North
Fulton SWAT Team. The Board of Directors shall designate one or more individuals to
serve as a North Fulton SWAT Team commander.
The North Fulton SWAT Team will operate under the National Incident Management
System, Incident Command System via North Fulton Command with one exception; the
Chief of Police or designee of the requesting Agency shall have tactical operational veto
authority.
Whenever a team member is rendering assistance pursuant to this MOU, the team
member shall abide by and be subject to the rules and regulations, personnel policies,
general orders, and standard operating procedures of his own employer. If any such
standard is contradicted, contravened or otherwise in conflict with a direct order of a
superior officer of the North Fulton SWAT Team then such rule, regulation, policy,
general order or procedure shall control and shall supersede the direct order.
SECTION V - USE OF FORCE I COMPLAINTS
Whenever the North Fulton SWAT Team is involved in a use of force or there is cause
to believe that a complaint has arisen as a result of a cooperative effort as it may pertain
to this MOU, the Participating Agencies will conduct a joint review of the use of force
and/or complaint. The North Fulton SWAT Team commander or his designee shall be
responsible for the documentation of the Use of Force and/or complaint with a
disposition recommendation. A mirror copy of the documentation shall be provided to
each Participating Agency for review per their respective policies. Upon review any
Participating Agency Chief of Police or designee may request additional investigation
which will be conducted jointly by the Participating Agencies. The Participating Agency
Chiefs of Police or their designee(s) will conduct a joint evaluation of the overall actions
of the North Fulton SWAT Team after a review of the documentation and/or
investigation; however, the review of individual actions will be the sole responsibility of
their respective Chief of Police according to his Agency's policies and procedures.
Each Participating Agency engaging in any assistance pursuant to this MOU agrees to
cooperate with such joint investigative efforts.
Should an application of force on behalf of the North Fulton SWAT Team result in
serious injury or death, or a complaint arise as a result of a cooperative effort as it may
pertain to this MOU that if sustained would be likely to result in serious injury or death, it
is agreed by the Participating Agencies that the Georgia Bureau of Investigation will be
asked to conduct a separate and independent criminal investigation as appropriate.
SECTION VI - LIABILITY
Each Participating Agency engaging in any assistance pursuant to this MOU agrees to
assume responsibility for the acts, omissions, or conduct of each of its SWAT Team
members or conduct of such Participating Agency's/team's own employees while
engaged in rendering such assistance pursuant to this MOU.
SECTION VII - PROCEDURES & TRAINING
All standard operating procedures and training conducted with and/or for the North
Fulton SWAT Team will meet or exceed National Tactical Officer Association (NTOA)
Standards. These procedures and training shall be outlined in a North Fulton SWAT
Team Operations Manual. This manual will be reviewed and updated as needed but at
least once per year.
SECTION VIII - POWERS, PRIVILEGES, IMMUNITIES AND COSTS
North Fulton SWAT Team members of each Participating Agency when actually
engaging in assistance outside of their jurisdictional limits but inside the City of
Alpharetta, City of Milton or the City of Roswell, shall have the same powers, duties,
rights, privileges and immunities as if the team member was performing duties inside
the member's political subdivision in which normally employed.
Each Participating Agency agrees to furnish the necessary personal equipment and
resources to their department members assigned to the North Fulton SWAT Team to
render services to each Participating Agency; provided however, that no Participating
Agency shall be required to unreasonably deplete its own equipment, resources,
facilities, and services in furnishing such assistance.
Each Participating Agency that furnishes personal equipment pursuant to this MOU
must bear the cost of loss or damage to that equipment and must pay any expense
incurred in the operation and maintenance of that equipment. Nothing herein shall
prevent one Participating Agency from lending necessary equipment to any other
Participating Agency team member for operational purposes pursuant to this MOU.
Team equipment such as vehicles, robots and other capital purchase items that will be
shared among the Participating Agencies will be purchased by all of the Participating
Agencies on a percentage of cost basis. The percentage of cost sharing will be based
on the population of each Participating Agency.
Currently the cost share is as follows;
City of Roswell 48%
City of Alpharetta 34%
City of Milton 18%
Once the North Fulton SWAT Team Board of Directors agree that at purchase will be
made via cost sharing percentages it will be the discretion of the North Fulton SWAT
Team Board of Directors to decide on which agency will submit the main purchase order
to the vendor to buy the equipment and will therefore be the “owner”. The other
agencies will pay the vendor or the “owner” for their cost share in effect at the time of
the purchase depending on how the vendor will accept payment. In the case of vehicles
the “owner” will hold the title, will register the vehicle and provide insurance coverage.
The insurance coverage must allow drivers from the other Participating Agencies to
operate the vehicle once they are properly trained and/or licensed to operate the
vehicle. The “owner” will be responsible for normal operational costs. Maintenance and
repairs will be shared by the Participating Agencies based on the cost share percentage
that is in effect at the time that the maintenance or repair is needed.
The Participating Agency furnishing assistance pursuant to this MOU shall compensate
its SWAT Team members during the time such assistance is rendered and shall
assume the actual travel and maintenance expenses of its members while they are
rendering such assistance, including any amounts paid or due for compensation due to
personal injury or death while such SWAT Team members are engaged in rendering
such assistance.
The privileges and immunities from liability, exemption from laws, ordinances and rules,
and all pension, insurance, relief, disability, worker's compensation, salary, death and
other benefits that apply to the activity of a SWAT Team member of a Participating
Agency when performing the member’s duties within the territorial limits of the member's
Agency apply to the employee to the same degree, manner, and extent while engaged
in the performance of the employee's duties outside the territorial limits of the member's
Agency under the provisions of this MOU. The provisions of this section shall apply
with equal effect to paid, volunteer, and reserve employees.
Nothing herein shall prevent the requesting Agency from requesting supplemental
appropriations from entities other than its governing political subdivision for
reimbursement for itself and the assisting Team for any actual costs or expenses
incurred by the assisting Participating Agency performing hereunder.
SECTION IX - CANCELLATION
Any Participating Agency may cancel their participation in this MOU upon delivery of
written notice to the other Participating Agencies. Cancellation will be effective ninety
(90) days from receipt of such notice. Upon cancellation Participating Agencies agree to
coordinate the prompt return of any loaned equipment to the proper Agency owner.
Upon cancellation of one Participating Agency that agency will be reimbursed their cost
share of any purchased team equipment. The amount reimbursed will be the cost share
percentage paid at the time the equipment was purchased of the fair market value at the
time of cancellation. This cost reimbursed will be shared equally by the agencies still
participating.
Upon cancellation of two agencies the owner has first right to “buy out” the other
agencies by reimbursing their cost share percentage paid at the time of purchase of the
fair market value at the time of cancellation. If after 90 days from the date of written
notice the “owner” does not “buy out” the other agencies any of the other agencies have
the option to “buy out” the other two agencies for their cost share percentage at the time
of purchase of the fair market value of the equipment. If after an additional 90 days from
the written notice none of the agencies want to buy the others out the equipment will be
sold. The proceeds will be divided between the agencies based on the percentage paid
when the equipment was purchased.
AGREED TO AND ACKNOWLEDGED THIS _________DAY OF ____________, 2018
City of Alpharetta, Georgia
David Belle Isle, Mayor Date
City of Milton, Georgia
Joe Lockwood, Mayor Date
City of Roswell, Georgia
Lori Henry, Mayor Date
TO:
FROM:
M I
LTO
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 2, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Approval of the Agreement for Automobile Body Repair
Services between the City of Milton and Premier Collision
Center, Inc.
MEETING DATE: Monday, January 8, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ( APPROVED () NOT APPROVE�J�—
CITY ATTORNEY APPROVAL REQUIRED: P< YES () NO
CITY ATTORNEY REVIEW REQUIRED: N YES () NO
APPROVAL BY CITY ATTORNEY: P� APPROVED (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.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted on December 28, 2017 for the January 8, 2018 Regular
City Council Meeting
Agenda Item: Approval of the Agreement for Automobile Body Repair Services
between the City of Milton and Premier Collision Center, Inc
_____________________________________________________________________________________
Project Description: The city has completed a formal RFP process for the procurement
of automobile body repair services. There were three remittances and after reviewing
the bids the city has decided to move forward with an agreement with two vendors.
These agreements will be valid through September 30, 2018 with the possibility of two
annual renewals. This gives the city the best value on automobile body repair services.
Procurement Summary:
Purchasing method used: RFP
Account Number: Vehicle Repairs and Maintenance across departments
Requisition Total: N/A
Vendor DBA:
Financial Review: Honor Motes – December 29, 2017
Legal Review: Sam VanVolkenburgh – November 28, 2017
Attachment(s): Agreement for Automobile Body Repair Services
HOME C* 'THE BEST QUALITY OF LIFE IN GEORGIA'
MILTON
tSTABLISI IED 2006
AGREEMENT FOR AUTOMOBILE BODY REPAIR SERVICES
THIS AGREEMENT is made and entered into this day of .20___,
(the "Effective Date") by and between the CITY OF MILTON, GEORGIA, a municipal
corporation of the State of Georgia, acting by and through its governing authority, the Mayor and
City Council (hereinafter referred to as the "City"), and Premier Collision Center, Inc., a Georgia
Corporation, (herein after referred to as the "Contractor"), collectively referred to herein as the
"Parties."
WITNESSETH:
WHEREAS, City desires to retain Contractor to provide certain services generally
described as automobile body repair services for City department vehicles (the "Work"); and
WHEREAS, City finds that specialized knowledge, skills, and training are necessary to
perform the Work (defined below) contemplated under this Agreement; and
WHEREAS, Contractor has represented that it is qualified by training and experience to
perform the Work; and
WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under
the terms and conditions provided in this Agreement; and
WHEREAS, the public interest will be served by this Agreement; and
WHEREAS, Contractor has familiarized itself with the nature and extent of the
Agreement, the Project, and the Work, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that may in any manner affect cost, progress or
performance of Work.
NOW, THEREFORE, for and in consideration of the mutual promises, the public
purposes, and the acknowledgements and agreements contained herein, and other good and
adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually
agree as follows:
SCOPE OF SERVICES AND TERMINATION DATE
A. Agreement. The Agreement shall consist of this Professional Services
Agreement and each of the Exhibits hereto, which are incorporated herein by reference,
including:
Exhibit "A" - City Solicitation Documents
Exhibit "B" - Contractor Response/ Proposal
Automobile Body Repair Services Agreement 11
Exhibit "C" - Scope of Work
Exhibit "D" - Contractor Affidavit
Exhibit "E" - Subcontractor Affidavit
Exhibit "F" - RESERVED
B. Project Description. The "Project" at issue in this Agreement is generally
described as: Automobile body repair services to City of Milton fleet vehicles.
C. The Work. The Work to be completed under this Agreement (the "Work")
includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit
"C", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit
"C", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat,
utilities, transportation, facilities, services and any other miscellaneous items and work necessary
to complete the Work. Some details necessary for proper execution and completion of the Work
may not be specifically described in the Scope of Work, but they are a requirement of the Work if
they are a usual and customary component of the contemplated services or are otherwise
necessary for proper completion of the Work.
All services shall be stated on a written service ticket or other form that must be approved
by the Contractor and the City (and/or its insurer) prior to performance. The service ticket shall
state the exact nature of the services and the price to be charged, including the cost of any
replacement parts. Once approved, the service ticket will be binding on the Parties. The City
reserves the right to seek competing price quotes from multiple service providers before agreeing
to services. If Contractor determines that revisions to the scope of work or price are required, it
shall immediately stop work and not proceed until a revised service ticket is approved.
D. Schedule, Completion Date, and Term of Agreement. Contractor understands
that time is of the essence of this Agreement and warrants and represents that it will perform the
Work in a prompt and timely manner, which shall not impose delays on the progress of the Work.
The term of this Agreement ("Term") shall commence on Effective Date and terminate without
further obligation on the part of City on September 30, 2018 (provided that certain obligations
will survive the Term). In accordance with O.C.G.A. § 36-60-13, this Agreement shall
automatically renew for two successive annual renewal terms absent City's provision of written
notice of non -renewal to Contractor at least five (5) days prior to first day of the renewal term.
Title to any supplies, materials, equipment, or other personal property shall remain in Contractor
until fully paid for by City.
Reserved.
II. WORK CHANGES
III. COMPENSATION AND METHOD OF PAYMENT
A. Payment Terms. City agrees to pay Contractor the pre -negotiated price for the
Work upon completion of the Work and upon certification by City and/or its insurer that the
Work was actually performed in accordance with the Agreement. Compensation for Work
performed shall be paid to Contractor upon receipt and approval of invoices, setting forth in
Automobile Body Repair Services Agreement 1 2
detail the services performed and costs incurred, along with all supporting documents requested
by City or its insurer to process the invoice. Invoices shall be submitted to the City or directly to
the City's insurer, depending on direction provided by the City. Contractor acknowledges that
in many cases the City will rely on its insurer to pay a portion of the cost of the Work. The City
will use reasonable efforts to cause the insurer to timely pay Contractor.
B. Maximum Contract Price. The total amount paid (by the City and its insurer) in
each annual term under this Agreement as compensation for Work performed and
reimbursement for costs incurred shall not, in any case, exceed $250,000 (the "Maximum Contract
Price"). The compensation for Work performed shall be based upon the number of vehicles
brought in for service and the services requested. The City does not guarantee any minimum
amount of work under this Agreement, and annual compensation is expected to be less than the
Maximum Contract Price.
C. Reimbursement for Costs. There shall be no reimbursement for costs except the
actual cost for replacement parts, without markup by Contractor.
IV. COVENANTS OF CONTRACTOR
A. Expertise of Contractor; Licenses, Certification and Permits. Contractor accepts
the relationship of trust and confidence established between it and City, recognizing that City's
intention and purpose in entering into this Agreement is to engage an entity with the requisite
capacity, experience, and professional skill and judgment to provide the Work in pursuit of the
timely and competent completion of the Work undertaken by Contractor under this Agreement.
Contractor shall employ only persons duly qualified in the appropriate area of expertise to
perform the Work described in this Agreement.
Contractor covenants and declares that it has obtained all diplomas, certificates, licenses,
permits or the like required of Contractor by any and all national, state, regional, county, or local
boards, agencies, commissions, committees or other regulatory bodies in order to perform the
Work contracted for under this Agreement. Further, Contractor agrees that it will perform all
Work in accordance with the standard of care and quality ordinarily expected of competent
professionals and in compliance with all federal, state, and local laws, regulations, codes,
ordinances, or orders applicable to the Project, including, but not limited to, any applicable
records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.).
Any additional work or costs incurred as a result of error and/or omission by Contractor as a
result of not meeting the applicable standard of care or quality will be provided by Contractor at
no additional cost to City. This provision shall survive termination of this Agreement.
B. Budgetary Limitations. Contractor agrees and acknowledges that budgetary
limitations are not a justification for breach of sound principals of Contractor's profession and
industry. Contractor shall take no calculated risk in the performance of the Work. Specifically,
Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations
established without disregarding sound principles of Contractor's profession and industry,
Contractor will give written notice immediately to City.
C. City's Reliance on the Work. Contractor acknowledges and agrees that City does
Automobile Body Repair Services Agreement 13
not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City
bears no responsibility for Contractor's Work performed under this Agreement. Contractor
acknowledges and agrees that the acceptance of Work by City is limited to the function of
determining whether there has been compliance with what is required to be produced under this
Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness
of Contractor's performance. Contractor further agrees that no approval of designs, plans,
specifications or other work product by any person, body or agency shall relieve Contractor of
the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under
professional and industry standards, or for performing services under this Agreement in
accordance with sound and accepted professional and industry principles.
D. Contractor's Reliance on Submissions by City. Contractor must have timely
information and input from City in order to perform the Work required under this Agreement.
Contractor is entitled to rely upon information provided by City, but Contractor shall provide
immediate written notice to City if Contractor knows or reasonably should know that any
information provided by City is erroneous, inconsistent, or otherwise problematic.
E. Contractor's Representative. &n 44- �T_ f ✓ shall be authorized
to act on Contractors behalf with respect to the Work as Contractors designated representative,
provided that this designation shall not relieve either Party of any written notice requirements
set forth elsewhere in this Agreement.
F. Assignment of Agreement. Contractor covenants and agrees not to assign or
transfer any interest in, or delegate any duties of this Agreement, without the prior express
written consent of City. As to any approved subcontractors, Contractor shall be solely responsible
for reimbursing them, and City shall have no obligation to them.
G. Responsibility of Contractor and Indemnification of City. Contractor covenants
and agrees to take and assume all responsibility for the Work rendered in connection with this
Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it
and/or City on account of the performance or character of the Work rendered pursuant to this
Agreement. Contractor shall defend, indemnify and hold harmless City and City's elected and
appointed officials, officers, boards, commissions, employees, representatives, contractors,
servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively
"Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries,
damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited
to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an
alleged willful, negligent or tortious act or omission arising out of the Work, performance of
contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly
employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor or
subcontractor may be liable, regardless of whether or not the act or omission is caused in part by
a party indemnified hereunder; provided that this indemnity obligation shall only apply to the
extent Liabilities are caused by or result from the negligence, recklessness, or intentionally
wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in
the performance of this Agreement. This indemnity obligation shall not be construed to negate,
abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise
exist as to any party or person described in this provision.,,,—
Automobile
rovision
Automobile Body Repair Services Agreement 1 4
In any and all claims against an Indemnified Party, by any employee of Contractor, its
subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone
for whose acts Contractor or subcontractor may be liable, the indemnification obligation set forth
in this provision shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for Contractor or any subcontractor under
workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts.
This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive
expiration or termination of this Agreement, provided that the claims are based upon or arise out
of actions or omissions that occurred during the performance of this Agreement.
H. Independent Contractor. Contractor hereby covenants and declares that it is
engaged in an independent business and agrees to perform the Work as an independent
contractor and not as the agent or employee of City. Nothing in this Agreement shall be
construed to make Contractor or any of its employees, servants, or subcontractors, an employee,
servant or agent of City for any purpose. Contractor agrees to be solely responsible for its own
matters relating to the time and place the Work is performed and the method used to perform
such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the
Work; hiring of contractors, agents or employees to complete the Work; and the payment of
employees, including benefits and compliance with Social Security, withholding and all other
regulations governing such matters. Contractor agrees to be solely responsible for its own acts
and those of its subordinates, employees, and subcontractors during the life of this Agreement.
There shall be no contractual relationship between any subcontractor or supplier and City by
virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear
to give City the right to direct Contractor as to the details of the services to be performed by
Contractor or to exercise a measure of control over such services will be deemed to mean that
Contractor shall follow the directions of City with regard to the results of such services only. It
is further understood that this Agreement is not exclusive, and City may hire additional entities
to perform the Work related to this Agreement.
Inasmuch as City and Contractor are independent of each other, neither has the
authority to bind the other to any third person or otherwise to act in any way as the
representative of the other, unless otherwise expressly agreed to in writing signed by both
Parties hereto. Contractor agrees not to represent itself as City's agent for any purpose to any
party or to allow any employee of Contractor to do so, unless specifically authorized, in
advance and in writing, to do so, and then only for the limited purpose stated in such
authorization. Contractor shall assume full liability for any contracts or agreements Contractor
enters into on behalf of City without the express knowledge and prior written consent of City.
insurance.
(1) Requirements: Contractor shall have and maintain in full force and effect
for the duration of this Agreement, insurance insuring against claims for
injuries to persons or damages to property which may arise from or in
connection with the performance of the Work by Contractor, its agents,
representatives, employees or subcontractors. All policies shall be subject
to approval by City as to form and content. These requirements are subjec# _
Automobile Body Repair Services Agreement 1 5
to amendment or waiver if so approved in writing by the City Manager.
(2) Minimum Limits of Insurance: Contractor shall maintain the following
insurance policies with coverage and limits no less than:
(a) Commercial General Liability coverage of at least $1,000,000 (one
million dollars) combined single limit per occurrence and
$2,000,000 (two million dollars) aggregate for comprehensive
coverage including for bodily and personal injury, sickness, disease
or death, injury to or destruction of property, including loss of use
resulting therefrom.
(b) Commercial Automobile Liability (owned, non -owned, hired)
coverage of at least $1,000,000 (one million dollars) combined single
limit per occurrence for comprehensive coverage including bodily
and personal injury, sickness, disease or death, injury to or
destruction of property, including loss of use resulting therefrom.
(c) Garage Liability and/or Garage Keeper Liability of at least $500,000
(five hundred thousand dollars) per automobile per accident limit
for claims arising out of garage/ mechanic's services and caused by
Contractor's errors, omissions, or negligent acts. (This insurance is
needed only if Contractor's other policies do not fully provide such
coverage.)
(d) Workers' Compensation limits as required by the State of Georgia
and Employers' Liability limits of $1,000,000 (one million dollars)
per occurrence or disease. (If Contractor is a sole proprietor, who
is otherwise not entitled to coverage under Georgia's Workers'
Compensation Act, Contractor must secure Workers'
Compensation coverage approved by both the State Board of
Workers' Compensation and the Commissioner of Insurance. The
amount of such coverage shall be the same as what is otherwise
required of employers entitled to coverage under the Georgia
Workers' Compensation Act. Further, Contractor shall provide a
certificate of insurance indicating that such coverage has been
secured and that no individual has been excluded from coverage.)
(e) Commercial Umbrella Liability Coverage: $ _N/A_ per
occurrence shall be provided and will apply over all liability
policies, without exception, including but not limited to
Commercial General Liability, Commercial Automobile Liability,
Employers' Liability, and Garage/ Garage Keeper Liability.
(3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured
retentions must be declared to and approved by City in writing so that City
may ensure the financial solvency of Contractor; self-insured retentions
Automobile Body Repair Services Agreement 16
should be included on the certificate of insurance.
(4) Other Insurance Provisions: Each policy shall contain, or be endorsed to
contain, the following provisions respectively:
(a) General Liability, Automobile Liability and (if applicable)
Umbrella Liability Coverage.
(i) Additional Insured Requirement. City and City's elected
and appointed officials, officers, boards, commissioners,
employees, representatives, contractors, servants, agents
and volunteers (individually "Insured Party" and
collectively "Insured Parties") shall be named as additional
insureds as respects: liability arising out of activities
performed by or on behalf of Contractor; products and
completed operations of Contractor; premises owned,
leased, or used by Contractor; automobiles owned, leased,
hired, or borrowed by Contractor. The coverage shall
contain no special limitations on the scope of protection
afforded to the Insured Parties. Nothing contained in this
section shall be construed to require the Contractor to
provide liability insurance coverage to any Insured Party
for claims asserted against such Insured Party for its sole
negligence.
(ii) Primary Insurance Requirement. Contractor's insurance
coverage shall be primary noncontributing insurance as
respects to any other insurance or self-insurance available
to the Insured Parties. Any insurance or self-insurance
maintained by the Insured Parties shall be in excess of
Contractor's insurance and shall not contribute with it.
(iii) Reporting Requirement. Any failure to comply with
reporting provisions of the policies shall not affect coverage
provided to the Insured Parties.
(iv) Separate Coverage. Coverage shall state that Contractor's
insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect
to limits of insurance provided.
(v) Defense Costs/Cross Liability. Coverage shall be
provided on a "pay on behalf" basis, with defense costs
payable in addition to policy limits. There shall be no cross
liability exclusion.
(vi) Subrogation. The insurer shall agree to waive all rights of
467
Automobile Body Repair Services Agreement 1 7
subrogation against the Insured Parties for losses arising
from Work performed by Contractor for City.
(b) Workers' Compensation Coverage. The insurer providing
Workers' Compensation Coverage will agree to waive all rights of
subrogation against the Insured Parties for losses arising from
Work performed by Contractor for City.
(c) All Coverages.
(i) Notice Requirement. Each insurance policy required by
this Agreement shall be endorsed to state that coverage
shall not be suspended, voided, or canceled except after
thirty (30) calendar days prior written notice (or 10 calendar
days if due to non-payment) has been given to City. City
reserves the right to accept alternate notice terms and
provisions, provided they meet the minimum requirements
under Georgia law.
(ii) Starting and Ending Dates. Policies shall have concurrent
starting and ending dates.
(iii) Incorporation of Indemnification Obligations. Policies shall
include an endorsement incorporating the indemnification
obligations assumed by Contractor under the terms of this
Agreement, including but not limited to Section IV(G) of
this Agreement.
(5) Acceptability of Insurers: The insurance to be maintained by Contractor
must be issued by a company licensed or approved by the Insurance
Commissioner to transact business in the State of Georgia. Such insurance
policies shall be placed with insurer(s) with an A.M. Best Policyholder's
rate of no less than "A-" and with a financial rating of Class VII or greater.
The Contractor shall be responsible for any delay resulting from the failure
of its insurer to provide proof of coverage in the proscribed form.
(6) Verification of Coverage: Contractor shall furnish to City for City approval
certificates of insurance and endorsements to the policies evidencing all
coverage required by this Agreement prior to the start of work. Without
limiting the general scope of this requirement, Contractor is specifically
required to provide an endorsement naming City as an additional insured
when required. The certificates of insurance and endorsements for each
insurance policy are to be on a form utilized by Contractor's insurer in its
normal course of business and are to be signed by a person authorized by
that insurer to bind coverage on its behalf, unless alternate sufficient
evidence of their validity and incorporation into the policy is provided.
City reserves the right to require complete, certified copies of all required
Ago,,—
Automobile Body Repair Services Agreement 18
insurance policies at any time. Contractor shall provide proof that any
expiring coverage has been renewed or replaced prior to the expiration of
the coverage.
(7) Subcontractors: Contractor shall either (1) ensure that its insurance policies
(as described herein) cover all subcontractors and the Work performed by
such subcontractors or (2) ensure that any subcontractor secures separate
policies covering that subcontractor and its Work. All coverage for
subcontractors shall be subject to all of the requirements stated in this
Agreement, including, but not limited to, naming the Insured Parties as
additional insureds.
(8) Claims -Made Policies: Contractor shall extend any claims -made insurance
policy for at least six (6) years after termination or final payment under the
Agreement, whichever is later, and have an effective date which is on or
prior to the Effective Date.
(9) City as Additional Insured and Loss Pam City shall be named as an
additional insured and loss payee on all policies required by this
Agreement, except City need not be named as an additional insured and
loss payee on any Workers' Compensation policy.
(10) Progress Payments: The making of progress payments to Contractor shall
not be construed as relieving Contractor or its subcontractors or insurance
carriers from providing the coverage required in this Agreement.
J. Employment of Unauthorized Aliens Prohibited - E -Verify Affidavit. Pursuant
to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services
unless:
(1) Contractor shall provide evidence on City -provided forms, attached hereto
as Exhibits "D" and "E" (affidavits regarding compliance with the E -
Verify program to be sworn under oath under criminal penalty of false
swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's
subcontractors have registered with, are authorized to use and use the
federal work authorization program commonly known as E -Verify, or any
subsequent replacement program, in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 13-10-91, and that they
will continue to use the federal work authorization program throughout
the contract period, or
(2) Contractor provides evidence that it is not required to provide an affidavit
because it is an individual (not a company) licensed pursuant to Title 26 or
Title 43 or by the State Bar of Georgia and is in good standing.
Contractor hereby verifies that it has, prior to executing this Agreement, executed a
notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit
r
Automobile Body Repair Services Agreement 1 9
to City or provided City with evidence that it is an individual not required to provide such an
affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further,
Contractor hereby agrees to comply with the requirements of the federal Immigration Reform
and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of
Labor Rule 300-10-1-.02.
In the event Contractor employs or contracts with any subcontractor(s) in connection with
the covered contract, Contractor agrees to secure from such subcontractor(s) attestation of the
subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's
execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E",
which subcontractor affidavit shall become part of the Contractor/ subcontractor agreement, or
evidence that the subcontractor is not required to provide such an affidavit because it is an
individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor
affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5)
business days of receipt from any subcontractor.
Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the
City Manager or his/her designee shall be authorized to conduct an inspection of Contractor's
and Contractor's subcontractors' verification process at any time to determine that the
verification was correct and complete. Contractor and Contractors subcontractors shall retain all
documents and records of their respective verification process for a period of five (5) years
following completion of the contract. Further, where Contractor is required to provide an
affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be
authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's
subcontractors employ unauthorized aliens on City contracts. By entering into a contract with
City, Contractor and Contractor's subcontractors agree to cooperate with any such investigation
by making their records and personnel available upon reasonable notice for inspection and
questioning. Where Contractor or Contractor's subcontractors are found to have employed an
unauthorized alien, the City Manager or his/her designee may report same to the Department of
Homeland Security. Contractor's failure to cooperate with the investigation may be sanctioned
by termination of the Agreement, and Contractor shall be liable for all damages and delays
occasioned by City thereby.
Contractor agrees that the employee -number category designated below is applicable to
Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A.
§ 13-10-91.]
500 or more employees.
100 or more employees.
ti/ Fewer than 100 employees.
Contractor hereby agrees that, in the event Contractor employs or contracts with any
subcontractor(s) in connection with this Agreement and where the subcontractor is required to
provide an affidavit pursuant to O.C.G.A. § 13-10-91, Contractor will secure from the
yam_
Automobile Body Repair Services Agreement 1 10
subcontractor(s) such subcontractor(s') indication of the above employee -number category that
is applicable to the subcontractor.
The above requirements shall be in addition to the requirements of state and federal law,
and shall be construed to be in conformity with those laws.
K. Records, Reports and Audits.
(1) Records:
(a) Books, records, documents, account legers, data bases, and similar
materials relating to the Work performed for City under this
Agreement ("Records') shall be established and maintained by
Contractor in accordance with applicable law and requirements
prescribed by City with respect to all matters covered by this
Agreement. Except as otherwise authorized or required, such
Records shall be maintained for at least three (3) years from the date
that final payment is made to Contractor by City under this
Agreement. Furthermore, Records that are the subject of audit
findings shall be retained for three (3) years or until such audit
findings have been resolved, whichever is later.
(b) All costs claimed or anticipated to be incurred in the performance
of this Agreement shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers, or other
official documentation evidencing in proper detail the nature and
propriety of the charges. All checks, payrolls, invoices, contracts,
vouchers, orders or other accounting documents pertaining in
whole or in part to this Agreement shall be clearly identified and
readily accessible.
(2) Reports and Information: Upon request, Contractor shall furnish to City
any and all Records in the form requested by City. All Records provided
electronically must be in a format compatible with City's computer
systems and software.
(3) Audits and Inspections: At any time during normal business hours and as
often as City may deem necessary, Contractor shall make available to City
or City's representative(s) for examination all Records. Contractor will
permit City or City's representative(s) to audit, examine, and make
excerpts or transcripts from such Records. Contractor shall provide proper
facilities for City or City's representative(s) to access and inspect the
Records, or, at the request of City, shall make the Records available for
inspection at City's office. Further, Contractor shall permit City or City's
representative(s) to observe and inspect any or all of Contractor's facilities
and activities during normal hours of business for the purpose of
evaluating Contractor's compliance with the terms of this Agreement.
Automobile Body Repair Services Agreement 1 11
such instances, City or City's representative(s) shall not interfere with or
disrupt such activities.
L. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any
activity or conduct that would result in a violation of the City of Milton Code of Ethics or any
other similar law or regulation. Contractor certifies that to the best of its knowledge no
circumstances exist which will cause a conflict of interest in performing the Work. Should
Contractor become aware of any circumstances that may cause a conflict of interest during the Term
of this Agreement, Contractor shall immediately notify City. If City determines that a conflict of
interest exists, City may require that Contractor take action to remedy the conflict of interest or
terminate the Agreement without liability. City shall have the right to recover any fees paid for
services rendered by Contractor when such services were performed while a conflict of interest
existed if Contractor had knowledge of the conflict of interest and did not notify City within five (5)
business days of becoming aware of the existence of the conflict of interest.
Contractor and City acknowledge that it is prohibited for any person to offer, give, or
agree to give any City employee or official, or for any City employee or official to solicit, demand,
accept, or agree to accept from another person, a gratuity of more than nominal value or rebate
or an offer of employment in connection with any decision, approval, disapproval,
recommendation, or preparation of any part of a program requirement or a purchase request,
influencing the content of any specification or procurement standard, rendering of advice,
investigation, auditing, or in any other advisory capacity in any proceeding or application,
request for ruling, determination, claim or controversy, or other particular matter, pertaining to
any program requirement or a contract or subcontract, or to any solicitation or proposal therefor.
Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer
of employment to be made by or on behalf of a sub -contractor under a contract to the prime
Contractor or higher tier sub -contractor, or any person associated therewith, as an inducement
for the award of a subcontract or order.
M. Confidentiality. Contractor acknowledges that it may receive confidential
information of City and that it will protect the confidentiality of any such confidential information
and will require any of its subcontractors, contractors, and/or staff to likewise protect such
confidential information. Contractor agrees that confidential information it learns or receives or
such reports, information, opinions or conclusions that Contractor creates under this Agreement
shall not be made available to, or discussed with, any individual or organization, including the
news media, without prior written approval of City. Contractor shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information whether
specifically deemed confidential or not.
Contractor acknowledges that City's disclosure of documentation is governed by
Georgia's Open Records Act, and Contractor further acknowledges that if Contractor submits
records containing trade secret information, and if Contractor wishes to keep such records
confidential, Contractor must submit and attach to such records an affidavit affirmatively
declaring that specific information in the records constitutes trade secrets pursuant to Article 27
of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34)
related thereto.
Automobile Body Repair Services Agreement 1 12
N. Key Personnel. RESERVED
O. Meetings. Contractor is required to meet with City's personnel, or designated
representatives, to resolve technical or contractual problems that may occur during the Term of
this Agreement at no additional cost to City. Meetings will occur as problems arise and will be
coordinated by City. City shall inform Contractor's Representative of the need for a meeting and
of the date, time and location of the meeting at least three (3) full business days prior to the date
of the meeting. Face-to-face meetings are desired. However, at Contractor's option and expense,
a conference call meeting may be substituted. Consistent failure to participate in problem
resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good
faith effort to resolve problems, may result in termination of this Agreement for cause.
P. Authority to Contract. The individual executing this Agreement on behalf of
Contractor covenants and declares that it has obtained all necessary approvals of Contractor's
board of directors, stockholders, general partners, limited partners or similar authorities to
simultaneously execute and bind Contractor to the terms of this Agreement, if applicable.
Q. Ownership of Work. RESERVED
R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42
U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and
all other provisions of Federal law, Contractor agrees that, during performance of this
Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate
against any employee or applicant for employment, any subcontractor, or any supplier because
of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to
comply with all applicable implementing regulations and shall include the provisions of this
paragraph in every subcontract for services contemplated under this Agreement.
S. Warranty. The Work is fully warranted for materials and workmanship quality
by Contractor and defects will be replaced or repaired at no cost to City for as long as the subject
vehicle is in the City's fleet.
V. COVENANTS OF CITY
A. Right of Entry. RESERVED.
B. City's Representative. Scott Mulvey shall be authorized to act on City's behalf
with respect to the Work as City's designated representative on this Project; provided that any
changes to the Work or the terms of this Agreement must be approved in a writing signed by
each party.
VI. TERMINATION
A. For Convenience. City may terminate this Agreement for convenience at any time
upon providing written notice thereof at least seven (7) calendar days in advance of the
termination date.
Automobile Body Repair Services Agreement 1 13
B. For Cause. Contractor shall have no right to terminate this Agreement prior to
completion, except in the event of City's failure to pay Contractor within thirty (30) calendar days
of Contractor providing City with notice of a delinquent payment and an opportunity to cure. In
the event of Contractor's breach or default under this Agreement, City may terminate this
Agreement for cause. City shall give Contractor at least seven (7) calendar days' written notice of
its intent to terminate the Agreement for cause and the reasons therefor. If Contractor fails to
cure the breach or default within that seven (7) day period, or otherwise remedy the breach or
default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate
the Agreement in whole or in part; (b) cure such default itself and charge Contractor for the costs of
curing the default against any sums due or which become due to Contractor under this Agreement;
and/or (c) pursue any other remedy then available, at law or in equity, to City for such default.
C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement
shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall
terminate immediately and absolutely at such time as appropriated or otherwise unobligated
funds are no longer available to satisfy the obligation of City.
D. Payment Upon Termination. Upon termination, City shall provide for payment
to Contractor for services rendered and, where authorized, expenses incurred prior to the
termination date; provided that, where this Agreement is terminated for cause, City may deduct
from such payment any portion of the cost for City to complete (or hire someone to complete) the
Work, as determined at the time of termination, not otherwise covered by the remaining unpaid
Maximum Contract Price.
E. Conversion to Termination for Convenience. If City terminates this Agreement
for cause and it is later determined that City did not have grounds to do so, the termination will
be converted to and treated as a termination for convenience under the terms of Section VI(A)
above.
F. Requirements Upon Termination. Upon termination, Contractor shall: (1)
promptly discontinue all services, cancel as many outstanding obligations as possible, and not
incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City, at
no cost to City, all City vehicles in its possession, as well as any reports, summaries, and such
other information and materials as may have been generated or used by Contractor in performing
this Agreement. As to those vehicles in Contractor's possession that are not fully repaired at time
of termination, the City may specify whether they will be returned immediately without
conducting further repairs or returned promptly upon full repair (with any further repair costs
to be paid by the City in accordance with the terms of this Agreement).
G. Reservation of Rights and Remedies. The rights and remedies of City and
Contractor provided in this Article are in addition to any other rights and remedies provided
under this Agreement or at law or in equity.
VII. MISCELLANEOUS
A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the
complete agreement between the Parties and supersedes any and all other agreements, either oral
Automobile Body Repair Services Agreement 1 14
or in writing, between the Parties with respect to the subject matter of this Agreement. No other
agreement, statement or promise relating to the subject matter of this Agreement not contained
in this Agreement shall be valid or binding. This Agreement may be modified or amended only
by a written document signed by representatives of both Parties with appropriate authorization.
B. Successors and Assigns. Subject to the provision of this Agreement regarding
assignment, this Agreement shall be binding on the heirs, executors, administrators, successors
and assigns of the respective Parties.
C. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia without regard to choice of law principles. If
any action at law or in equity is brought to enforce or interpret the provisions of this Agreement,
the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit
related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or
the U.S. District Court for the Northern District of Georgia - Atlanta Division, and Contractor
submits to the jurisdiction and venue of such court.
D. Captions and Severability. All headings herein are intended for convenience and
ease of reference purposes only and in no way define, limit or describe the scope or intent thereof,
or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of
this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court
of competent jurisdiction, the offending portion of the Agreement should be severed, and the
remainder of this Agreement shall remain in full force and effect to the extent possible as if this
Agreement had been executed with the invalid portion hereof eliminated, it being the intention
of the Parties that they would have executed the remaining portion of this Agreement without
including any such part, parts, or portions that may for any reason be hereafter declared in valid.
E. Business License. Prior to commencement of the Work to be provided hereunder,
Contractor shall apply to City for a business license, pay the applicable business license fee, and
maintain said business license during the Term of this Agreement, unless Contractor provides
evidence that no such license is required.
F. Notices.
(1) Communications Relating to Day -to -Day Activities. All communications
relating to the day-to-day activities of the Work shall be exchanged
between City's representative (named above) for City and Contractor's
representative (named above) for Contractor.
(2) Official Notices. All other notices, requests, demands, writings, or
correspondence, as required by this Agreement, shall be in writing and
shall be deemed received, and shall be effective, when: (1) personally
delivered, or (2) on the third day after the postmark date when mailed by
certified mail, postage prepaid, return receipt requested, or (3) upon actual
delivery when sent via national overnight commercial carrier to the Party
at the address given below, or at a substitute address previously furnished
to the other Party by written notice in accordance herewith
Automobile Body Repair Services Agreement 115
NOTICE TO CITY shall be sent to:
City Manager
City of Milton, Georgia
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO CONTRACTOR shall be sent to:
Premier Collision Center, Inc
4468 Abbott's Bridge Rd
Duluth, GA 30097
G. Waiver of Agreement. No failure by City to enforce any right or power granted
under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and
no custom or practice of City at variance with the terms and conditions of this Agreement shall
constitute a general waiver of any future breach or default or affect City's right to demand exact
and strict compliance by Contractor with the terms and conditions of this Agreement. Further,
no express waiver shall affect any Term or condition other than the one specified in such waiver,
and that one only for the time and manner specifically stated.
H. Survival. All sections of this Agreement which by their nature should survive
termination will survive termination, including, without limitation, confidentiality obligations
and insurance maintenance requirements.
I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the
Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement,
cause of action or other right.
J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be
construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith
or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council
shall authorize the Mayor to execute this Agreement on behalf of City.
K. No Personal Liability. Nothing herein shall be construed as creating any
individual or personal liability on the part of any of City's elected or appointed officials, officers,
boards, commissions, employees, representatives, contractors, servants, agents, attorneys or
volunteers. No such individual shall be personally liable to Contractor or any successor in
interest in the event of any default or breach by City or for any amount which may become due
to Contractor or successor or on any obligation under the terms of this Agreement. Likewise,
Contractor's performance of services under this Agreement shall not subject Contractor's
individual employees, officers, or directors to any personal contractual liability, except where
Contractor is a sole proprietor. The Parties agree that, except where Contractor is a sole
proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall
be directed and/or asserted only against Contractor or City, respectively, and not against any
elected or appointed official, officers, boards, commissions, employees, representatives,
contractors, servants, agents, attorneys and volunteers.
Automobile Body Repair Services Agreement 116
L. Counterparts; Agreement Construction and Interpretation. This
Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, but all of which taken together shall constitute one and the same instrument. Contractor
represents that it has reviewed and become familiar with this Agreement and has notified City of
any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this
Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern.
The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this
Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed
against a Party because it was responsible for drafting one or more provisions of the Agreement.
In the interest of brevity, the Agreement may omit modifying words such as "all" and "any' and
articles such as "the" and "an," but the fact that a modifier or an article is absent from one
statement and appears in another is not intended to affect the interpretation of either statement.
Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural
forms, unless the context of their usage clearly requires contrary meaning.
M. Force Majeure. Neither City nor Contractor shall be liable for its respective non -
negligent or non -willful failure to perform or shall be deemed in default with respect to the failure
to perform (or cure a failure to perform) any of its respective duties or obligations under this
Agreement or for any delay in such performance due to: (i) any cause beyond its respective
reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or
regulations rendering the performance of any portion of this Agreement legally impossible; (iv)
earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes
by employees and/or agents of CONTRACTOR; (vi) delay or failure to act by any governmental
or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot,
insurrection or invasion. In such event, the time for performance shall be extended by an amount
of time equal to the period of delay caused by such acts, and all other obligations shall remain
intact.
N. Material Condition. Each term of this Agreement is material, and Contractor's
breach of any term of this Agreement shall be considered a material breach of the entire
Agreement and shall be grounds for termination or exercise of any other remedies available to
City at law or in equity.
IN WITNESS WHEREOF City and Contractor have executed this Agreement, effective
as of the Effective Date first above written�0�
[SIGNATURES ON FOLLOWING PAGE]
Automobile Body Repair Services Agreement 117
CONTRACTOR: Premier Collision Center, Inc
Signature:
Print Name: >, , 1. h k,— lite-rGt,
Title: Preside,, l/0 u,►1 e r
President/ Vice President (Corporation)
[CORPORATE SEAL]
(required if corporation)
Attest/Witness:
Signature:
Print Name: A✓. R s e'dwt.L
Title: F
(Assistant) Corporate Secretary (required if corporation)
Attest:
Signature:
Print Name: _
Title: City Clerk
Approved as to form:
City Attorney
CITY OF MILTON, GEORGIA
By: Joe Lockwood, Mayor
[CITY SEAL]
Automobile Body Repair Services Agreement 118
EXHIBIT "A"
Automobile Body Repair Services Agreement 1 19
MILTON it
ESTABLISHED 2006
CITY OF MILTON REQUEST FOR PROPOSALS
(THIS IS NOT AN ORDER)
RFP Number:
RFP Title:
17-CM02
Auto Body Repair Services
Due Date and Time: Sept 19, 2017
City of Milton
Local Time: 2:00 p.m.
Number of Pages: 47
ISSUING DEPARTMENT INFORMATION
Issue Date: Aug 24, 2017
City of Milton
2006 Heritage Walk
Milton, Ga. 30004
Phone: 678-242-2500
Fax: 678-242-2499
Website: www.cityofmiltonga.us
INSTRUCTIONS TO OFFERORS
Return Proposal to:
Mark Face of Envelope/Package:
Offeror Phone Number:
RFP Number: 17-CM02
City of Milton
Name of Company or Firm
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Special Instructions:
Deadline for Written Questions
Milton, Ga. 30004
Sept 5, 2017 at 5:00 pm
Email questions to Honor Motes at
honor.motes@cityofmiltonga.us
IMPORTANT: SEE STANDARD TERMS AND CONDITIONS
OFFERORS MUST COMPLETE THE FOLLOWING
Offeror Name/Address:
Authorized Offeror Signatory:
Please print name and sign in ink
Offeror Phone Number:
Offeror FAX Number:
Offeror Federal I.D. Number:
Offeror E-mail Address:
OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
2006 Heritage Walk Milton, GA 30004
0000
P: 678.242.25001 F: 678.242.2499 infoCcityofmiltonga.us I www.cityofmiltonga.us
2 1 RFP 17-CM02
TABLE OF CONTENTS
Offeror's RFP Checklist
Disclosure Form
Schedule of Events
Section 1: Project Overview and Instructions
Section 2: RFP Standard Information
Section 3: Scope of Project
Section 4: Offeror Qualifications
Section 5: Cost Proposal
Section 6: Evaluation Criteria
Section 7: Standard Contract Information
Standard Contract
3 1 RFP 17-CM02
OFFEROR'S RFP CHECKLIST
The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton
1. Read the entire document. Note critical items such as: mandatory requirements;
supplies/services required; submittal dates; number of copies required for submittal; funding
amount and source; contract requirements (i.e., contract performance security, insurance
requirements, performance and/or reporting requirements, etc.).
2. Note the procurement officer's name, address, phone numbers and e-mail address. This is
the only person you are allowed to communicate with regarding the RFP and is an excellent
source of information for any questions you may have.
3. Attend the pre -qualifications conference if one is offered. These conferences provide an
opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify
the City of any ambiguities, inconsistencies, or errors in the RFP.
4. Take advantage of the "question and answer" period. Submit your questions to the
procurement officer by the due date listed in the Schedule of Events and view the answers given
in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the DOAS
website at hftp://ssi.doas.state.cia.us/PRSapp/PR index.isp and on the City's website at
http://www.cityofmiltonaa.us will include all questions asked and answered concerning the RFP.
5. Follow the format required in the RFP when preparing your response. Provide point -by -
point responses to all sections in a clear and concise manner.
6. Provide complete answers/descriptions. Read and answer all questions and
requirements. Don't assume the City or evaluation committee will know what your company
capabilities are or what items/services you can provide, even if you have previously contracted
with the City. The submittals are evaluated based solely on the information and materials provided
in your response.
7. Use the forms provided, i.e., cover page, sample budget form, certification forms, etc.
8. Check the website for RFP addenda. Before submitting your response, check the DOAS
website at hffp://ssi.doas.state.ga.us/PRSapp/PR index.isp and the City website at
http://www.citvofmiltonaa.us to see whether any addenda were issued for the RFP. If so, you must
submit a signed cover sheet for each addendum issued along with your RFP response.
9. Review and read the RFP document again to make sure that you have addressed all
requirements. Your original response and the requested copies must be identical and be
complete. The copies are provided to the evaluation committee members and will be used to
score your response.
10. Submit your response on time. Note all the dates and times listed in the Schedule of
Events and within the document, and be sure to submit all required items on time. Late submittal
responses are never accepted.
This checklist is provided for assistance only and should not be submitted with Offeror response.
4 1 RFP 17-CM02
MILTON'It'
ESTABLISHED 2006
CITY OF MILTON DISCLOSURE FORM
MUST BE RETURNED WITH PROPOSAL
This form is for disclosure of campaign contributions and family member relations with City
of Milton officials/employees.
Please complete this form and return as part of your RFP package when it is submitted.
Name of Offeror
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
List the dollar amount/value and description of each campaign contribution made over
the past two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value Description
Please list any family member that is currently (or has been employed within the last 12
months) by the City of Milton and your relation:
5 1 RFP 17-CM02
MILTON'r
ESTABLISHED 2006
MUST BE RETURNED WITH PROPOSAL
RFP 17-CM02 PROPOSAL LETTER
We propose to furnish and deliver any and all of the deliverables and services named in
the Request for Proposal (RFP) - RFP 17-CM02, Auto Body Repair Services.
It is understood and agreed that we have read the City's specifications shown or
referenced in the RFP and that this proposal is made in accordance with the provisions of
such specifications. By our written signature on this proposal, we guarantee and certify
that all items included meet or exceed any and all such City specifications. We further
agree, if awarded a contract, to deliver goods and services which meet or exceed the
specifications. The City reserves the right to reject any or all proposals, waive
technicalities, and informalities, and to make an award in the best interest of the City.
PROPOSAL SIGNATURE AND CERTIFICATION
I understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the
proposal and certify that I am authorized to sign for my company. I further certify that the
provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not
been violated and will not be violated in any respect.
Authorized Signature
Print/Type Name
Print/Type Company Name
Date
6 1 RFP 17-CM02
MUST BE RETURNED WITH PROPOSAL
CONTRACTOR AFFIDAVIT AND AGREEMENT
STATE OF GEORGIA
CITY OF MILTON
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-
10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services on behalf of the City of Milton has registered with, is authorized to use
and uses the federal work authorization program commonly known as E -Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines established
in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal
work authorization program throughout the contract period and the undersigned contractor will
contract for the physical performance of services in satisfaction of such contract only with
subcontractors who present an affidavit to the contractor with the information required by
O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date
of authorization are as follows:
eVerify Number
Date of Authorization
Name of Contractor
Auto Body Repair Services
City of Milton
Name of Public Employer
I hereby declare under penalty of perjury
that the foregoing is true and correct.
Executed on _, 201 _ in (city),
(state).
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer
or Agent
SUBSCRIBED AND SWORN BEFORE ME ON
THIS THE DAY OF 201_.
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
7 1 RFP 17-CM02
SCHEDULE OF EVENTS
Task
Date
Issue RFP
Aug 24, 2017
Deadline for Questions
Sept 5, 2017 by 5:00 p.m. EST
Answers Posted by the City
(Addendum)
On or about, Sept 12, 2017
Proposals Due
By 2:00 p.m. EST on Sept 19, 2017
Award Contract
Oct 2, 2017 (proposed)
NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) OR THE DOAS
WEBSITE(http://ssi.doas.state.ga.us/PRSapp/PR index.isp) FOR ADDENDA AND
SCHEDULE UPDATES.
8 1 RFP 17-CM02
SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS
1.0 BACKGROUND AND STATEMENT OF INTENT
The City of Milton is requesting sealed proposals from qualified Offerors with
demonstrated professional competence and experience to provide for the fleet
vehicle body repair services as specified in the Scope of Work (Section 3). The
awarded contractor(s) must be able to pick up and return repaired vehicles, and
be no further than twenty-five (25) miles from city limits. Contractor must have a
location of suitable size and personnel to handle the repair and body work of the
fleet vehicles without undue delay. City Hall is located at 2006 Heritage Walk,
Milton GA 30004 Milton Police Department is located at 13000 Deerfield Parkway,
Milton GA 30004. The City of Milton may and prefers to award multiple non-
exclusive contracts. However, the City reserves the right to award the RFP to one
Contractor if needed. The City desires a three (3) year agreement which is
renewed annually. A list of existing city vehicles is attached herein as examples
only. The number, make/model and composition may change without prior notice.
The selection will be based on overall price, services, performance, reliability, and
location convenience of the proposers. The City's needs are outlined in the
following Request for Proposal (RFP). All offerors must comply with all general and
special requirements of the RFP information and instructions enclosed herein.
1.1 SINGLE POINT OF CONTACT
From the date this Request for Proposals (RFP) is issued until an Offeror is
selected, Offerors are not allowed to communicate with any City staff or elected
officials regarding this procurement, except at the direction of Honor Motes. Any
unauthorized contact may disqualify the Offeror from further consideration.
Contact information for the single point of contact is as follows:
Procurement Office: Honor Motes
Address: 2006 Heritage Walk, Milton, GA 30004
Telephone Number: 678-242-2507
E-mail Address: honor.motes@cityofmiltonga.us
1.2 REQUIRED REVIEW
A. Review RFP.
Offerors should carefully review the instructions; mandatory requirements,
specifications, standard terms and conditions, and standard contract
set out in this RFP and promptly notify the procurement office
identified above via e-mail of any ambiguity, inconsistency, unduly
restrictive specifications, or error which they discover upon examination
of this RFP.
B. Form of Questions.
Offerors with questions or requiring clarification or interpretation of any
section within this RFP must submit their questions in writing via email to the
procurement office referenced above on or before 5 PM (EST) on Sept 5,
2017. Each question must provide clear reference to the section, page,
and item in question. Questions received after the deadline may
9 1 RFP 17-CM02
not be considered.
C. City's Answers.
The City will provide an official written answer to all questions on or about
Sept 12, 2017. The City's response will be by formal written addendum.
Any other form of interpretation, correction, or change to this RFP will not
be binding upon the City. Any formal written addendum will be posted
alongside the posting of the RFP at hfp://www.cityofmiltonga.us or
hfp://ssi.doas.state.ga.us/PRSapp/PR_index.jsp. Offerors must sign and
return any addendum with their RFP response.
D. Standard Contract.
By submitting a response to this RFP, Offeror agrees to acceptance of the
City's standard contract. Much of the language included in the standard
contract reflects requirements of state law. Requests for exceptions to the
standard contract terms, or any added provisions must be submitted to
the procurement office referenced above by the date for receipt of
written/e-mailed questions or with the Offeror's RFP response and must
be accompanied by an explanation of why the exception is being
taken and what specific effect it will have on the Offeror's ability to
respond to the RFP or perform the contract. The City reserves the right
to address non -material, minor, insubstantial requests for exceptions
with the highest scoring Offeror during contract negotiation. Any
material, substantive, important exceptions requested and granted to the
standard terms and conditions and standard contract language will be
addressed in any formal written addendum issued for this RFP and will
apply to all Offerors submitting a response to this RFP.
E. Mandatory Requirements.
To be eligible for consideration, an Offeror must meet the intent of all
mandatory requirements. The City will determine whether an Offeror's RFP
response complies with the intent of the requirements. RFP responses that
do not meet the full intent of all requirements listed in this RFP may be
subject to point reductions during the evaluation process or may be
deemed non-responsive.
1.3 Reserved
1.4 SUBMITTING PROPOSALS
Offerors must organize their proposals into sections that follow the following format.
A. Submittal Requirements.
Proposals shall include the following:
1. City of Milton request for proposal cover page (information entered
and signed: first page of this document)
2. City of Milton Disclosure form (signed)
3. City of Milton Proposal letter (information entered)
4. Technical Proposal:
Each Technical Proposal Shall be:
10 1 RFP 17-CM02
a. No more than six (6) single sided pages (three pages if
double sided)
1. Cover page(s), table of contents, tabs, and required forms
do not count toward the page limit
b. Minimum of 11 point font
c. Stapled or spiral -bound. No binders
Each Technical Proposal Shall Contain:
a. Design Team (2 pages) - include project staffing,
qualifications of the design team, and what sets the team
apart
b. Work Plan (2 pages) - provide an anticipated project
schedule, any anticipated challenges, and any innovative
approaches
c. Related Projects and References (2 pages)
1. Describe at least 3 similar projects with references
and the degree of involvement of the team
d. Pricing (See Section 5.0)
5. Applicable Addenda Acknowledgement Forms (if necessary)
Offerors must organize their proposal into sections that follow the format of Section
1.4 and Section 5.0.
B. Failure to Comply with Instructions.
Offerors failing to comply with these instructions may be subject to point
deductions. The City may also choose to not evaluate, may deem
non-responsive, and/or may disqualify from further consideration
any qualifications that do not follow this RFP format, are difficult to
understand, are difficult to read, or are missing any requested information.
C. Copies Reauired and Deadline for Receipt of Proposals.
One original and three (3) copies of each submittal (plus a CD or Flash
Drive) should be provided to the City. Proposals must be received at the
Finance department receptionist's desk in City Hall prior to 2:00 PM,
local time, September 19, 2017. Emailed responses to requests for
proposals are not acceptable. Proposals will be opened at
approximately 2:05 pm and names of Offerors will be announced.
*Important to remember when submitting digital files:
1. Mark all CD's or Flash Drives with Offeror's name and RFP number
and title.
2. All digital files must be in either (unless otherwise specified within this
document):
a. Microsoft Office file format or
b. Portable Document Format (PDF).
3. Use caution in creating the electronic files. If the Cities are unable to
open files due to data -corruption, password or encryption error, etc.,
the Offeror's proposal may be considered incomplete.
11 I RFP 17-CM02
4. NOTE: All digital copies must include exactly the same information as
provided in the hard copy "Original".
D. Late Proposals.
Regardless of cause, late proposals will not be accepted and will
automatically be disqualified from further consideration. It shall be the
Offeror's sole risk to assure delivery to the receptionist's desk at the
designated office by the designated time. Late proposals will not be
opened and may be returned to the Offeror at the expense of the Offeror
or destroyed if requested.
1.5 OFEROR'S CERTIFICATION
A. Understanding of Specifications and Requirements.
By submitting a response to this RFP, Offeror agrees to an understanding
of and compliance with the specifications and requirements described in
this RFP.
1.6 COST OF PREPARING PROPOSALS
A. City Not Responsible for Preparation Costs.
The costs for developing and delivering responses to this RFP and any
subsequent presentations of the proposal as requested by the City are
entirely the responsibility of the Offeror. The City is not liable for any
expense incurred by the Offeror in the preparation and presentation of
their proposals.
B. All Timely Submitted Materials Become City Property.
All materials submitted in response to this RFP become the property of the
City of Milton and are to be appended to any formal documentation,
which would further define or expand any contractual relationship
between the City and Offeror resulting from this RFP process.
12 1 RFP 17-CM02
SECTION 2: RFP STANDARD INFORMATION
2.0 AUTHORITY
This RFP is issued under the authority of the City of Milton. The RFP process is a
procurement option allowing the award to be based on stated evaluation criteria.
The RFP states the relative importance of all evaluation criteria. No other evaluation
criteria, other than as outlined in the RFP, will be used.
2.1 OFFEROR COMPETITION
The City encourages free and open competition among Offerors. Whenever
possible, the City will design specifications, proposal requests, and conditions to
accomplish this objective, consistent with the necessity to satisfy the City's need
to procure technically sound, cost-effective services and supplies.
2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION
A. Public Information.
All information received in response to this RFP, including copyrighted
material, is deemed public information and will be made available for
public viewing and copying after the time for receipt of qualifications
has passed, and the award has been made, with the following four
exceptions: (1) bona fide trade secrets meeting confidentiality
requirements that have been properly marked, separated, and
documented: (2) matters involving individual safety as determined by the
City of Milton; (3) any company financial information requested by the
City of Milton to determine vendor responsibility, unless prior written
consent has been given by the Offeror; and (4) other constitutional
protections.
B. Procurement Officer Review of Proposals.
Upon opening the submittals received in response to this RFP, the
procurement office will review the proposals and separate out any
information that meets the referenced exceptions in Section 2.2(A)
above, providing the following conditions have been met:
1. Confidential information is clearly marked and separated from the rest
of the submittal.
2. An affidavit from an Offeror's legal counsel attesting to and explaining
the validity of the trade secret claim is attached to each submittal
containing trade secrets. Please contact Honor Motes for additional
information.
Information separated out under this process will be available for review
only by the procurement office, the evaluation committee members, and
limited other designees. Offerors must be prepared to pay all legal costs
and fees associated with defending a claim for confidentiality in the
event of a "right to know" (open records) request from another party.
2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS
A. Initial Classification of Proposals as Responsive or Nonresponsive.
13 1 RFP 17-CM02
Proposals may be found nonresponsive at any time during the
evaluation process or contract negotiation, if any of the required
information is not provided; the submitted price is found to be excessive
or inadequate as measured by criteria stated in the RFP; or the
qualification is not within the specifications described and required in the
RFP. If a qualification is found to be nonresponsive, it will not be
considered further.
B. Determination of Responsibility.
The procurement office will determine if an Offeror has met the standards
of responsibility. Such a determination may be made at any time
during the evaluation process and through contract negotiation if
information surfaces that would result in a determination of nonresponsive.
C. Evaluation of Proposals.
The evaluation committee will evaluate the remaining proposals and
recommend whether to award the contract to the highest scoring Offeror
or, if necessary, to seek discussion/negotiation in order to determine the
highest scoring Offeror. All responsive proposals will be evaluated
based on stated evaluation criteria. In scoring against stated criteria,
the City may consider such factors as accepted industry standards
and a comparative evaluation of all other qualified RFP responses.
These scores will be used to determine the most advantageous offering
to the City.
D. Completeness of Proposals.
Selection and award will be based on the Offeror's proposals and other
items outlined in this RFP. Submitted responses may not include references
to information located elsewhere, such as Internet websites or libraries,
unless specifically requested. Information or materials presented by
Offerors outside the formal response or subsequent
discussion/negotiation, if requested, will not be considered, will have no
bearing on any award, and may result in the Offeror being disqualified
from further consideration.
E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product
Demonstration.
After receipt of all proposals and prior to the determination of the
award, the City may initiate discussions with one or more Offerors should
clarification or negotiation be necessary. Offerors may also be required to
make an oral presentation and/or product demonstration to clarify
their RFP response or to further define their offer. In either case, Offerors
should be prepared to send qualified personnel to Milton, Georgia to
discuss technical and contractual aspects of the submittal. Oral
presentations and product demonstrations, if requested, shall be at the
Offeror's expense.
14 1 RFP 17-CM02
F. Best and Final Offer.
The "Best and Final Offer" is an option available to the City under the RFP
process which permits the City to request a "best and final offer" from
one or more offerors if additional information is required to make a final
decision. Offerors may be contacted asking that they submit their "best
and final offer," which must include any and all discussed and/or
negotiated changes. The City reserves the right to request a "best and
final offer" for this RFP, if any, based on price/cost alone.
G. Evaluation Committee Recommendation for Contract Award.
The evaluation committee will provide a written recommendation for
contract award.
H. Request for Documents Notice.
Upon concurrence with the evaluation committee's recommendation
for contract award, the procurement officer may issue a "Request for
Documents Notice" to the highest scoring Offeror to obtain the required
insurance documents, contract performance security, and any other
necessary documents. Receipt of the "Request for Documents Notice"
does not constitute a contract and no work may begin until a contract
signed by all parties is in place.
Contract Negotiation.
The procurement officer and/or city department representatives may
begin contract negotiation with the responsive and responsible Offeror
whose submittal achieves the highest score and is, therefore, the
most advantageous to the City. If contract negotiation is unsuccessful or
the highest scoring Offeror fails to provide necessary documents or
information in a timely manner, or fails to negotiate in good faith, the
City may terminate negotiations and begin negotiations with the next
highest scoring Offeror.
J. Contract Award.
Contract award, if any, will be made to the highest scoring Offeror
who provides all required documents and successfully completes
contract negotiation.
2.4 RIGHTS RESERVED
While the City has every intention to award a contract as a result of this RFP,
issuance of the RFP in no way constitutes a commitment by the City of Milton
to award and execute a contract. Upon a determination such actions would
be in its best interest, the City, in its sole discretion, reserves the right to:
1. Modify, cancel or terminate this RFP,
2. Reject any or all proposals received in response to this RFP,
3. Select an Offeror without holding interviews,
4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP
which would not have significant impact on any submittal,
15 1 RFP 17-CM02
5. To request further documentation or information, and to discuss a RFP
submittal for any purpose in order to answer questions or to provide
clarification,
6. Not award if it is in the best interest of the City not to proceed with contract
execution; or
7. If awarded, terminate any contract in accordance with the terms and
conditions of the contract if the City determines adequate funds are not
available.
16 1 RFP 17-CM02
SECTION 3: SCOPE OF PROJECT
3.0 PROJECT - Vehicles to be serviced (Subject to Change):
Year
Make
Model
Police
2007
Ford #7
Crown Victoria - Black
2007
Ford
Crown Vic Charcoal
2007
Ford
119 Expedition XLT 4x2
2007
Toyota
Tacoma
2009
Ford (0)
Crown Victoria
2010
Ford(CID)
Explorer
2011
Ford
Ford Fusion
2012
Ford
Explorer
2013
Ford
Police Interceptor SUV
2013
Ford
Police Interceptor SUV
2013
Ford
Police Interceptor SUV
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Ford
Taurus SD
2013
Chevy (CID)
Tahoe
2013
Dodge(CID)
Charger
2013
Dod e CID
Charger
2014
Ford
Police Interceptor SUV
2014
Ford
Police Interceptor SUV
2014
Ford
Police Interceptor SUV
2014
Ford
Police Interceptor SUV
2014
Ford
Police Interceptor SUV
2015
Ford(Hybrid)
Fusion
2015
Dodge(Manager)
Durango
2015
Ford(CID)
Explorer
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2015
Ford
Police Interceptor SUV
2016
Ford
Police Interceptor SUV
2016
Ford
Police Interceptor SUV
17 1 RFP 17-CM02
2016
Ford
Police Interceptor SUV
2016
Ford
Police Interceptor SUV
2016
Ford
Police Interceptor SUV
2017
Ford(Training)
F150 V8
2017
Ford Chief)
Police Interceptor SUV
2017
Ford
Police Interceptor SUV
2017
Ford
Police Interceptor SUV
2017
Ford
Police Interceptor SUV
City Administration
2007
Ford
Fusion
2007
Ford
Ranger
2010
Ford
Explorer
2010
Ford
Explorer
2010
Ford
F150
2010
Ford
F150
2010
Ford
F150
2015
Ford
Escape
2015
Ford
Explorer
2015
Ford
F250
2016
Ford
F250
Fire Administration
2010
Ford
F150
2012
Ford
Expedition
2013
Ford
Explorer
2013
Ford
Explorer
2014
Ford
F250
2014
Ford
Expedition
2016
Ford
Explorer
2016
Ford
Explorer
2017
Ford
I F150
2017
Ford
I F150
18 1 RFP 17-CM02
3.1 SERVICE REQUIREMENTS - Included but not limited to the following:
• Frame Work Labor
• Body Work Labor
• Mechanical Labor
• Paint Labor
Materials/Supplies
• Parts
3.2 TIME REQUIREMENTS - below are from arrival to departure (Priority Service):
✓ Repairs done in a timely manner from the day approval is given by City or
insurance agency.
✓ Notification will be made to City fleet maintenance officer if repairs are
expected to take longer than 30 days prior to starting job.
✓ All other services "as soon as possible"
19 1 RFP 17-CM02
SECTION 4: OFFEROR PROPOSALS
4.0 CITY'S RIGHT TO INVESTIGATE
The City may make such investigations as deemed necessary to determine
the ability of the Offeror to provide the supplies and/or perform the services
specified.
4.1 OFFEROR INFORMATIONAL REQUIREMENTS
Firms interested in providing the services described in this RFP should be
able to demonstrate experience in the areas described in Section 3.
20 1 RFP 17-CM02
SECTION 5: COST PROPOSAL
M I LTC) N
ESTABLISHED 2006
MUST BE RETURNED WITH BID
RFP 17-CM02
One (1) original and two (2) copies shall be submitted in a separate sealed
envelope before the required deadline. The offeror's cost proposal shall be
signed by an authorized agent of the company. There is no maximum page limit
to section 5.
The undersigned bidder, having familiarized themselves with the work required by
the RFP, the bid documents, all laws, regulations, and other factors affecting
performance of the work, and having satisfied itself/himself/herself of the expense
and difficulties attending performance of the work; Hereby proposes and agrees,
if this bid for the above named project is accepted to enter into a contract to
perform all work necessary to the successful completion of the contract; and to
supply all required submittals as indicated or specified in the RFP and the bid
documents to be performed or furnished by bidder. The quantities listed below
are estimates. The actual price will be the actual quantities multiplied by the
"fixed cost per unit" listed below plus any applicable hourly service requirements.
Please complete the "Fixed Cost Per Unit" column below and return with proposal.
(See Attached Schedule)
21 1 RFP 17-CM02
Body Work for Damaged Vehicles
Description Hourly Cost % OFF
Frame Work Labor
Body Work Labor
Mechanical Labor
Paint Labor
Materials Supplies
% off parts
Price Match aftermarket to OEM
In addition to the above services, please provide the rate per hour schedule for services
not covered above:
• Business hours rate $
Written in words $
• After hours rate $
Written in words $
Please describe your hours of operation and how it meets our priority service requirements:
Company Name
Authorized Signature
Print/Type Name
Print/Type Title
Date
22 1 RFP 17-CM02
SECTION 6: EVALUATION CRITERIA
6.0 EVALUATION CRITERIA
The evaluation committee will review and evaluate the proposals according to
the criteria listed below. Proposals not meeting the minimum technical
requirements and those who are non-responsive will not be considered. Positive
or negative City of Milton experiences are part of the evaluation. Lack of service
experience with the City is not a detriment to the evaluation as long as positive
references and experiences can be produced. The City reserves the right to test
service at any vendor shop for evaluation purposes. Location evaluation is
determined by proximity to City Hall and Milton Police Department. The City may
request short-listed proposers to meet with City Staff for evaluation purposes.
Proposal Evaluation Criteria:
• Ability, Location, Hours of Operation, References, Service 50%
Experience, Performance Liability, and City of Milton
Experience (if any)
• Price (Section 5.0) 50%
23 1 RFP 17-CM02
SECTION 7: STANDARD CONTRACT INFORMATION
7.0 STANDARD CONTRACT
The City's standard contract is attached to this document as Appendix A. Offeror
should notify the City of any terms within the standard contract that preclude
them from responding to the RFP. This notification must be made by the deadline
for receipt of written/e-mailed questions or with the Offeror's RFP response. Any
requests for material, substantive, important exceptions to the standard contract
will be addressed in any formal written addendum issued by the procurement
officer in charge of the solicitation. The City reserves the right to address any non-
material, minor, insubstantial exceptions to the standard contract with the highest
scoring Offeror at the time of contract negotiation.
7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS
This RFP and any addenda, the Offeror's RFP response, including any
amendments, a best and final offer, any clarification question responses, and any
negotiations shall be included in any resulting contract. The City's standard
contract, attached as Appendix A, contains the contract terms and conditions
which will form the basis of any contract negotiated between the City and the
highest scoring Offeror. The contract language contained in Appendix A does
not define the total extent of the contract language that may be negotiated. In
the event of a dispute as to the duties and responsibilities of the parties under this
contract, the contract, along with any attachments prepared by the City, will
govern in the some order of precedence as listed in the contract.
7.2 SUBOFFEROR
The highest scoring Offeror will be the prime Offeror if a contract is awarded and
shall be responsible, in total, for all work of any sub -offerors. All sub -offerors, if any,
must be listed in the proposals. The City reserves the right to approve all sub -
Offerors. The Offeror shall be responsible to the City for the acts and omissions of
all sub -Offerors or agents and of persons directly or indirectly employed by such
sub -offerors, and for the acts and omissions of persons employed directly by the
Offeror. Further, nothing contained within this document or any contract
documents created as a result of any contract awards derived from this RFP shall
create any contractual relationships between any subcontractor and the City.
7.3 GENERAL INSURANCE REQUIREMENTS
See sample contract.
7.4 COMPLIANCE WITH WORKERS' COMPENSATION ACT
The Offeror is required to supply the City of Milton with proof of compliance with
the Workers' Compensation Act while performing work for the City. Neither the
24 1 RFP 17-CM02
Offeror nor its employees are employees of the City. The proof of
insurance/exemption must be received by the City of Milton within 10 working
days of the Request for Documents Notice and must be kept current for the entire
term of the contract.
CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE
REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME.
7.5 COMPLIANCE WITH LAWS
The Offeror must, in performance of work under this contract, fully comply with all
applicable federal, state, or local laws, rules and regulations, including the Civil
Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with
Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any
subletting or sub -consulting by the Offeror subjects sub -offerors to the same
provision. The Offeror agrees that the hiring of persons to perform the contract will
be made on the basis of merit and qualifications and there will be no
discrimination based upon race, color, religion, creed, political ideas, sex, age,
marital status, physical or mental disability, or national origin by the persons
performing the contract.
7.6 CONTRACT TERMINATION
See sample contract.
Sample Contract Intentionally Omitted
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
RFP 17-CM02
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2507
Fax: 678-242-2499
Email: honor.motes@cityofmiltonga.us
I hereby acknowledge receipt of documents pertaining to the above referenced
RFP.
COMPANY NAME: Piy'M ',Cr- Lei flys%oma Ln
CONTACT PERSON: tLkaj:f - 'nxE -d
ADDRESS: yN6S Mho 44-') BroWfa e 9ya-et
CITY: 0 C L 4 h STATE: ZIP: 301 I S
PHONE: 77d-6'2-2-00eC1 FAX: 770-1 22-Oy90
EMAIL ADDRESS: L ke t -d k are✓» -?e e- Cv it ✓ s. cp, L4v4i*—'. kte_1L
Signature Date
ADDENDUM #1
RFP 17-CM02 Addendum #1 Page 1 of 2
ADDENDUM #1
RFP 17-CMO2
Questions and Answers
1) Will there be a pre -qualification conference soon? I didn't see one stated in the package. — No pre -
qualification conference is scheduled
2) In the section of NIGP Codes: EQUIPMENT MAINTENANCE AND REPAIR SERVICES FOR
AUTOMOBILES, TRUCKS, TRAILERS, TRANSIT BUSES AND OTHER VEHICLES: I did not see any trailers
listed in the car makes provided, we have a 9 ft. cap at most of our centers except Kennesaw, which
can handle a larger vehicle. I assumed that the bid was mainly department and police vehicles such
as the ones listed. Will we be required to fix a vehicle larger than 9 ft tall? - The City does not have
any trailers over 9 ft in length that would require repair under this contract.
3) 1 want to bid on all 3 NIGP codes: 92819, 92846, 92857, will I need to fill out a separate RFP for
each or can I Combine them into one? — Only one response/submittal is needed.
RFP 17-CM02 Addendum #1 Page 2 of 2
"EXHIBIT B"
CITY c1F MILTON JF ° P JM� Z A I �Z
RFP Number: RFP Title:
17-CM02 Auto Body Repair Services
i
Due Date and Time: Sept 19, 2017
Local Time: 2:00 p.m. Number of Pages: 47
I
I1SS1 NG DEPARTMENT INFORMATION
Issue Date: Aug 24, 2017
City of Milton
2006 Heritage Walk
Milton, Go. 30004
Phone: 678-242-2500
Fax: 678-242-2499
Website: www.cityofmiltonaa.us
NSTRUCT#ONS TO OFFERORS
Return Proposal to:
Mark Face of Envelope/Package:
Pwaroee-, Collwv^ Cepi4v-
RFP Number: 17-CM02
City of Milton
Name of Company or Firm
Attn: Honor Motes, Purchasing Office
Special Instructions:
2006 Heritage Walk
Deadline for Written Questions
Milton, Ge. 30004
Sept 5, 2017 at 5:00 pm i
Offeror Federal I.D. Number:
Email questions to Honor Motes at
t1S CO ER S;� Eri'h IT RFF PC
honor.motes@citvofmiltonga.us
31 1 Pd l Sl FA Q Rt3 ti* A C�34
='>�� OMPLETE THE POLLO�h ING
.Offeror Name/Address:
Authorized Offeror Signatory:
Pwaroee-, Collwv^ Cepi4v-
S. NKa}cr Xke-0(
q4 6 t A 6 be WS 91, 12 o�L
pp7
Please print name and sign in ink
Offeror Phone Number:
Offeror FAX Number:
- 22-®o - ®i-
I 749- 6 22- 041 C2
Offeror Federal I.D. Number:
Offeror E-mail Address:
1 -b io 0
t1S CO ER S;� Eri'h IT RFF PC
FA
u
2006 Hefitage Walk Milton, GA 30004 P: 678.242.2500 I F: 678.242 2499 into�gcityofmiltongo.us l wv.w.cityofmiltongo.us
4 f RFP 17-CM02
CITY OF MILTON DISCLOSURE FORM
MUST BE RETURNED WITH PROPOSAL
This -farm is for disclosure of campaign contributions and family member relations with City
of Milton officials/employees.
Please complete this foram and return as part of your RFP package when it is submitted.
Name of Offeror AIA
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
At A
Lill the dollar amount /Value and description of each campaign contribution made over
the past two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value
Description
Please list any family member that is currently (or has been employed within the last 12
months) by the City of Milton and your relation:
5 { RFP 17-CM02
MUST BE RETURNED WITH PROPOSAL
RFP 17-CM02 PROPOSAL LETTER
We propose to furnish and deliver any and all of the deliverables and services named in
the Request for Proposal (RFP) - RFP 17-CM02, Auto Body Repair Services.
It is understood and agreed that we have read the City's specifications shown or
referenced in the RFP and that this proposal is made in accordance with the provisions of
such specifications. By our written signature on this proposal, we guarantee and certify
that ail items included meet or exceed any and all such City specifications. We further
agree, if awarded a contract, to deliver goods and services which meet or exceed the
specifications. The City reserves the right to reject any or all proposals, waive
technicalities, and informalities, and to make an award in the best interest of the City.
PROPOSAL SIGNATURE AND CERTIFICATION
I understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the
proposal and certify that I am authorized to sign for my company. I further certify that the
provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not
been violated and will not be violated in any respect.
Authorized Signature . --�Date 6o 17
Print/Type Name riE/te n 'int- T. G
Print/Type Company Name �iY*s�P r Ca c.t �E3w�6Y
b 1 RFP ] 7-CM02
MUST BE RETURNED WITH PROPOSAL
CONTRACTOR AFFIDAVIT AND AGREEMENT
STATE OF GEORGIA
CITY OF M!LTON
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 fhe 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:
145,00
eVerify Number
8-,•11
Date of Authorization
111W12 -kr- 7'kep v`CAL -
Name of Contractor
pry `e,r &1141on ?vv4r
Auto Body Repair Services
City of Milton
Name of Public Employer
I hereby declare under penalty of perjury
that the foregoing is true and correct.
Executed on,�, 201.7 in {� cifiy),
r,� (state).
Signature of Authorized Officer or Agent
5, Zkf4nQL—
Printed Name and Title of Authorized Officer
or Agent
SUBSCRIBED AND SWORN BEFORE ME ON
THIS THE a- DAY OF A" 1201..
NOTARY PUBLIC
[NOTARY SEAL]
November 29,M7
20 1 RFP 1 ?-CM02
SECTION 5: COST PROPOSAL
MUST BE RETURNED WITH BID
RFP 17-CM02
One (1) original and two (2) copies shall be submitted in a separate sealed
envelope before the required deadline. The offeror's cost proposal shall be
signed by an authorized agent of the company. There is no maximum page limit
to section 5.
The undersigned bidder, having familiarized themselves with the work required by
the RFP, the bid documents, all laws, regulations, and other factors affecting
performance of the work, and having satisfied itself/himself/herself of the expense
and difficulties attending performance of the work; Hereby proposes and agrees,
if this bid for the above named project is accepted to enter into a contract to
perform all work necessary to the successful completion of the contract; and to
supply all required submittals as indicated or specified in the RFP and the bid
documents to be performed or furnished by bidder. The quantities listed below
are estimates. The actual price will be the actual quantities multiplied by the
"fixed cost per unit" listed below plus any applicable hourly service requirements.
Please complete the "Fined Cost Per Unit" column below and return with proposal.
(See Attached Schedule)
21 1 RFP 17-CM02
Body Work for Damaged Vehicles
Description
Hourly Cost
% OFF
Frame Work Labor
$66'
F'
Body Work Labor
Pis
Mpachanicai Labor
Paint Labor
ti.
d "`
Materials Supplies
32
% oft parts
Price Match aftermarket to OEM
In addition to the above services, please provide the rate per hour schedule for services
not covered above:
• Business hours rate $ uA
Written in words $ %iA
• After hours rate $ y A
Written in words $ IVA
Please describe your hours of operation and how it meets our priority service requirements:
T'1►i� C h circ M" i 9' CO.— 5.30
�i� dY �t dt •yY► Q w A :1+r1 S �" R. 3 !M: h +� 4�0 IW7 D w
* 1r>7 �t a r QEtc i f �► s L) , Sty oo k4•4cf-.1 430 FrePht , �
Company Name Prayer as i" Co d r i j do Ca„, -
Authorized Signature. - ”" ' � Date �S' 2V_1C i -7
Hnt/Type Name - u�r Y -�d
Print/Type Title
WAAI
COW '1ON
To Whom it may concern:
Premier Collision Center has been in service family owned and operated since 1996.
- Hours of Operation: Monday - Friday 8:00am to 5:30pm
- ICAR Gold: In process of reaching Gold status
- ASE Certified
- Since June 2017; Premier Collision Center recognized as a Certified OEM Collision Center
from Assured Performance Collision Care, Inc.
- All makes and models of vehicles are welcome for repairs
- Early Bird & or Late drop box available with secured key box.
- We have 2 locations to better serve our customers:
1) 4468 Abbott's Bridge Rd. Duluth, Ga. 30097 Ph: 770-622-0064
2) 2319 Sparta Way Buford, Ga. 30519 Ph: 770-965-9666
Company email: 120t@premiercollisioncenter-net
- Both locations fully staffed with Estimators, Body Technicians, Paint Technicians, and Detail
Technicians.
5
S. Hinter Ikerd
hikerd*premiercollisioncenter.net
%p ra+
2319 Sparta Way - Buford, Ga. 30519 Phone 770-965-9666 Fax 770-965-0650
4468 Abbotts Bridge Rd - Duluth, Ga. 30096 Phone: 770-622-0064 Fax 770-622-0590
? �_..2 F4eridDe La La jota, ute. �5�, Lada c gas; 0 X255'3`
=orm -
Request for Taxpayer
Give form to the
(Rev. November 2005)
Identification [umber and Certification
requester. Do not
oea=-.sont e ttt�- Trersoy
send to the iRS.
%MBna! P.1c;.^x� S9nnce
Faroe (e; shown on your ir=rne testi return)
O� Premier Coilision Center
0 8 s f ess nes fie. if Lffferent from above
c
oi
sIndirduaJ
ySoleproprieter --'--------•-----
3 , Check appropr - e box: ❑ Ca'por�o^ ❑ Partnership ❑ O*Jr'
Exempt from backup
J _" .
� •.e�thhoiding
Address (rwmar. street, and apt or suite no.) I Requester's mane and address loptic:nal,
4468 Abbott's Bridge Road
City. stFte, and ZIP code
Dukr�n, Georgia 30097
o List --count nunber(s) here (op6cre-9
v�
rn MA
t�xparer Identification Number (TIM
Enter your TIN in the appropriate box. The -11N provided must match the name given on line 1 to avoidI
Social security number
backup wiihaRld ng. For individuals, this is your social security number (SSNj. {t (emF for a res'.dent
alien, sore proprietor, or disregarded entity, see the Pari I instructions on page & Fbr other entities; it is
- --1-= - -
your employer identification number (EIN). If you do not have a number, see How to get TIN on page 3.
or
Note. If the account is in more than one name, see tie chart on page 4 for guidelines on whose
dyer idenYt cation number
;1'Jm138i 'to Hater.
I j 1 8 - 2 1 2 1 S 1i s ; 5 1 rJ I
Certification
Undc peva.-Nas of per}ury, I certify that:
1. The number shown on this form is my correct taxpayer identification nunber (or I am waiting for a number to be issued to me). and
2. 1 am not sub;,ect to backup withholding because_ (a) i am exempt from backup withholding, or (b) I have not been notified by the Intemai
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the iRS has
notified me that I am no longer subject to backup withholding, and
3. 1 am a U.S. person (including a U.S. resident alien).
Certification irst!++abons. You must cross oLr, item 2 above if you have been notified by the IRS that you are ciureriiy subiect to backup
withhoklIng because you have failed to report all interest and dividends on your tax retum. For real estate transactions. Item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property. cancellaifcn of debt, contributions to an individual retirement
artangement RA), and generally, payments other than -interest and dividends, you are not required to sign the Certification. but you must
provide your correct FIN. (See the in ivetiom on page 4.)
.ei� y° i33gnature of
SIM i !l.S. person
Maas ''' - :r , R
A person who is required to file an information return with the
IRS, mast obtain your correct taxpayer identification number
(TIN) to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contrib;rttons you made to an IRA_
U.S. parson. Use Form W-9 only if you are a U.S. person
(nciuding a resident alien.), to provide your correct TIN to the
person requesting it (the requester) and, when applicable, to:
41. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a
U.S. exempt payee.
In 3 above, if applicable, you are also certifying that as a
U.S. person, your allocable share of any partnership income
from a U.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively
connected income.
Mote. If a requester gives you a form other than Forrrr !N-9 to
request, your TIN, you must use the requester's form if it is
substantdaily similar to this Form W-9.
For federal tax purposes, you are considered a person if you
are:
' Date 10-
• An individual who is a citizen or resident of the United
States,
® A partnership, corporation, company, or association
created or organized in the United States or under the laws
of the United States, or
• Any estate (other than a foreign estate) or trust. See
Regulations sections 301.77701-6(a) and 7(a) for additional
information.
Special Hes for partr±ers--hip-s- P2rLne ships that conduct u
trade or business in the United States are generally required
to pay a withhoiding tax on any foreign partners' share of
income from such rbusiness. Further, in certain cases where a
Form W-9 has not been received, a partnership is required to
presume that a partner is a foreign person. and pay the
Withholding tax. Therefore, if you are a U.S. person that is a
partner in a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to
establish your U.S. status and avoid withholding on your
share of partnership income.
The person who gives Form W-9 to the partnership for
pun, -z, as ofES*^'�..a'S+'s::,y' its U -S. status mid avoidir.-g
withholding on its allocable share of net income from the
partnership conducting a trade or business in the United
States is in the following cases:
a The U -S. owner of a disregarded enti� and not the entity -
C --
t- No. 1o231X Form W-9 GeV. 1-2005
No Text
UTICA NATIONAL ? NSURANCE GROUP
REPUBLIC FRANICLIIN INSURANCE CO, G0894
180 &i'NESEE STREET DEGREE INS. AGENCY
NEW HARTFORD, NY 13413 PO BOX 4951Ag5
M*Y Sf'Iiit+IGS GA 30342
(770) 390MIA
POLICY N#?; MER: GULP 4679554
RENEWAL OF CULP 4679554
NAMED INSURED: PREMIER COLLISION CENTER, INC.
MAILING ESS: 4468 ABSOTTS BRIDGE ROAD
DULUTH, GA 30097
FORM OF BUSINESS: ORGANIZATION OTHER THAN PARTNERSHIP OR JOINT VENTURE
PAGE 1
BUSINESS DESCRIPTION: AUTO BODY PAINTING/REPAIR
POLICY PERIOD: FROM 08-04-17 TO 08-04-18 At 12:01 A.M. Standard Time at
your malling address shown above
In return for the payr"„ant of the premium, and s bjeot to all the terms of this policy, we agree with you to provide the
insurance as stated in this policy.
COMMERCIAL LIABILITY UMBRELLA DECLARATIONS
LIMITS OF INSURANCE
FOR COVERAGES A and S
EACH OCCURRENCE LIMIT (LIABILITY COVERAGE) $ 2,000,000
PERSONAL & ADVERTISING INJURY LIMIT $ 2,000,000 Any one person or organization
AGGREGATE LIMIT (LIABILITY COVERAGE)
(except with respect to "covered autosr) $ 2,000,000
OTHER: $ NIL
$
FOR WRONGFUL ACTS COVERAGES C and D
EACH LOSS LIMIT $ NIL
CLAIMS - MADE BASIS AGGREGATE LIMIT $ NIL
Retroactive Date:
This insurance does not appy to "wrongful acts" which took place before the Retroactive Date, ff any, shown above.
No Re za "a spplIas x "a az appea,. aluve.
INCIDENT BASIS AGGREGATE LIMIT $ NIL
FOR ALL COVERAGES
COMBINED AGGREGATE LiMf i 8 2,000,000
RETAINED LIMIT
SELF-INSURED RETENTION S 10,000
SCHEDULE OF UNDERLYING INSURANCE
See Supplemental Schedule(s) Attached
CULP 09 4 4679554
8 -UMC -D Ed. 10-2003 includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2
with its permission.
Copyright, Utica Mutual Insurance Company, 2003.
BILLING NO. 100913515 INSURED 07-11-17 YOUR BILL WILL FOLLOW
POLICYWRfTING MINIMUM PREMIUM $
PREMIUM
150
OPTIONAL EXTENDED REPORTING PERIOD PREMIUM Cd applicable)
ADVANCE PREMIUM $ 1,870.00
TOTAL PREMIUM $ 1,870.00
OTHER APPLICABLE FORMS AND ENDORSEMENTS
See Supplemertail Declarations 8-S-'.034
THESE DECLARATIONS, TETE SUPPLEMENTAL DECLARATIONS, THE SUPPLERWRTAL SCHEDULE(S),
COVERAGE FIRMS) AND ANY APPLICABLE ENDORSEMENT(S) TOGETHER WITH1M COMMON POLICY
CONDnIONS COMPLETE THE ABOVE i URWRED POLICY.
countersk
Data 07-11-17
r
By: ILA&" P.'8 -A
(Authorized RepresetxWJve)
a -UMC -D Ed. 10-2003 Page 2 of 2
UTICA NATIONAL MURANCE GROUP
13tc MMl Assurance „fray ry
180 Genesee Street
New Hartford, NY 13413
POLICY NUMMR: 4673564
NAMED IMSURED: PREMIER COU [SION CENTER, INC
ADDRESS: 4468 ABBOTTS BRIDGE RD
DULUTH, GA 30097
FORM OF BUSINESS: Corporation
BUSINESS DESCRIPTION: Automobile Body ReW Shops
Producer Ntffiber 280M
Producer: Hardegree ins. Agency
PO Box 422445
Sandy Springs, GA 30342
POLICY PERIOD. FROM 08/04/2017 TO O8/04/2018 12:01 A.1tlt. Standard Time at your address shown above.
In return for ties payment of the premium and subject to all the terms of, this policy, we agree with you to provide the insurance
as stated in this policy.
This Percy provides oNy the fo£ovr_ng coverages which are irtdicated by a premium entry. Each of these coverages will apA, only to Nine "autos, staa+m
as covered "autos." "Autos" are shown as covered "attfoe for a particular coverage by the entry of one or rnore of the symbols from the Covered Auto
Section of tare ids Auto Coverage Form next to the name of the coverage.
COVERAGES COVERED AUTOS LIMITS PREMJIUM
(EMty Drone or mora symbors show THE MOST WE WILL PAY FOR ONE ACCIDENT OR LOSS
wf +� yXos
are covered autos) (it cent y. gee ITEM THREE)
LIARILrrY 89 $1,000,000 Q918
PERSONAL INJURY PROTECTION (P.I.P.) SEPARATELY STAT ED IN EACH rP.LP. ENDORSEMENT MINUS
(or equedalerd No~ Cov.) Dedrxc9ble
NEW YORK ,P W. TOTAL (See New York Supplemental Declarations 8-E-1821)
ADDED P.I.P. eq ivatent added No -Fault Cov.) SEPARATELY STATED IN EACH ADDED P.I.P. ENDORSEMENT
PROPERTY PROTECTION INSURANCE SEPARA I ELY STATED IN THE P.P.I. ENDORSEMENT MINUS
(P.P_I.) (rkt€nhign Only) Deductible FOR EACH ACCIDENT
AUTO MEDICAL PAYMENTS
MEDICAL EXP. & INCOME LOSS BENEFITS SEPARABLY SMVWI1fEAC -1 N-E-DICAL EXPENSE .AND
(Virginia Or> INCOME LOSS BENEFITS E!"DORSEM'EMT
UN',NSURED MOTCKMTS OR SUPPLEMENTARY
UNINSURED MOT $TS (SURA) (NY ONLY)
(1f Sypp;esrw" gallons 8-E-1892 is attached)
UNDERINSURED MOTORISTS
(When riot krckxled in Uninsured
.orists Co%e ge) (Not for NY)
PHYSICAL DAMAGE COVERAGE ACTUAL CASH VALUE OR COST OF REPAIR, WHICHEVER IS
LESS, MINUS:
COMPREHENSIVE 10 Deductible FOR EACH COVERED AUTO
r'OR ALLL ISS EXCEPT RRE OR LIGHTING
SPECIFIED CAUSES OF LOSS Deduoctible FOR EACH COVERED AUTO
FOR LOSS CAUSED BY MISCHIEF OR VANDALISM
COLUW N 10 Deductible FGR EACH COVERED AUTO
TOWING AND LABOR each disablement of a private passenger auto
FORMS AND Et4DORSEMENTS APPLYING PREMIUM FOR ENDORSEMENTS $2,895
TO THIS COVERAGE PART: See 8-S-1018 $3,116
Atd=t ted Rapti It2hm
THESE DECLaRA-MOILS AuYD THE 00WA—N PC !C" nr`Cr AP.A7tOt4, !F APP'Ll^..AELE. TOC IVriH THE MMON POLY Cl3.N NiiONS.
C
OR*,ayc ) qND FORMS.AND ENCK;4St&�Pr1 a 4F Arr`Y, ISSUED To FORM A PARTT4&k–=OF. WA M THE ASOVE "JtEBERED POLICY.
8 -DU -BAC
rrr�s •= �w _.= 5. , ars mosso . �r»� z &k" rax car. Baa.
06-23-2017
UTICA NATIONAL WSURANCE GROUP
180 Genesee Street
New Hartford, NY 13413
Issuing Company: U`Uca rational Assurance Company
MEIMER OF UTICA NATIONAL INSURANCE CROUP
i _ ®REWTI-1111WAIN y_
information Page
1. The Insured and Mailing gess:
PREMIER COLLISION CENTER, INC
4468 ABBOTTS BRIDGE RD
DULUTH GA 30097
Cilufy, of iasiiRd: Comporatior,
Other workplaces not shown above:
Insureds I.D. -Number: 581903196
Risk I.D. Number. GAS 100888394
Policy Number. 4671860
Prior Policy Number
Producer. Hardegree Ins. Agency
PO Box 422445
Sandy Springs, GA 30342
ProducerNumbet: G0894
S1Ck 7532
NCCI Company Number: 35587
LMC 0000MA
2. The policy period is from 081042017 to 081342018 92:01 AM Standard Time at the insured's mailing address.
3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states
listad i GA
B. Etriptoyers Uability Insurance_ Part Two of the policy applies to work In each state fisted in item 3.A.
The limits of our liability under Pati Two are:
Bodily Injury by Accident $500,000 Each Accident
Bodily Injury by Disease $500,000 Poky Limit
Bodily Injury by Disease $500,000 Each Employee
C. Other Sfites insurance: Paid Three of the policy applies to the states, if any, riled here:
AA States except those listed in Item 3.A, ND, OH, INA, VVY
D. This policy includes t#sese er-dorsements and schedules:
4. The;piersdurn. for this p *4- iff bede!2=>.,�J by our of Rules, Class;l, aatorts, Retes and Ra ing Piais.
AN iiaf rn=flon required below is subject to verificafion and change by audiL
n See Extension of Inforriustion Page
Ciassitications
Code
No.
Premium Basis
Total est Annual
Remuneration
R --*e Pat-
Of
Remuneration
6sthOabed Annual
Premium
S 617 GA
Expense Constant
$
s Lilab Minirm±m Premium: $
Total Estimated Annual Premium
$ 11,887
Ii indicted below, interim adjustments of premium shall be made:
Deposit Premium
$ 11,887
a
Issuing Office-: New Hartford, NY 13413 Date, of Issue: 07-19-2017 Coesdvsijned by—
S-D-WC Ed. 08-2D08 copyrigtit 1988 National Council of Compensation Insurance
BILLING NO. 100913515
Honor Motes
From: Hunter Ikerd <hikerd@premiercollisioncenter.net>
Sent: Friday, November 03, 2017 12:45 PM
To: Honor Motes
Subject: Repair Rates
Honor Motes,
Thank you for the phone call this morning. Looking forward to be working with you and the City of Milton. Per our
conversation, I have asked my insurance rep to send you the correct insurance docs. Expect the email later today.
The following repair rates will be set for City of Milton;
Insured Claims: Being City of Milton's claim (Liability falls on City of Milton)
Body Labor: 42
Paint Labor: 42
Paint/Material: 29
Frame: 60
Mechanical: 80
Claimant Claims: Being a Non -City of Milton's claim (Liability not City of Milton).
Rates.
Body Labor: 44
Paint Labor: 44
Paint/Material: 30
Frame: 65
Mechanical: 85
Thank you for your time, and I am always glad to help out at any time.
S. Hunter Ikerd
Owner - Premier Collision Center
Location A
4468 Abbott's Bridge Rd
Duluth, Ga. 30097
Office# 770-622-0064
Fax# 770-622-0490
hikerd@premiercollisioncenter.net
Location B
2319 Sparta Way
Buford, Ga. 30519
Office# 770-965-9666
Fax# 770-965-0650
1
These are current posted Insurance
EXHIBIT "C"
See Exhibits "A" and "B"
Automobile Body Repair Services Agreement 1 21
EXHIBIT "D"
STATE OF
COUNTY OF
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services on behalf of the City of Milton, Georgia has registered with, is author -zed 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:
as coati
Federal Work Authorization User Identification
Number
a t:� --o
Date of Authorization
Premier Collision Center Inc
Name of Contractor
City Automobile Body Repair Services
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on 1 d - a,4, , 20--i in
".1i
T'T (city), _J2 -kA_ (state).
Signature of Authorized Officer or Agent
55� f/k h Ike �4.
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
O THIS THE_ DAY OF
20
i
ARY PUBLIC
[NOTARY SEAL]
My ComiN6sp9mb&xpires:
Notary Public
Gwinnett County, Georgia
MY ;ommissio, F:niret
November 19, 2021
Automobile Body Repair Services Agreement 122
TO:
FROM:
M I LT O'N'*r
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 2, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Consent Order Based Upon Mediated
Settlement, Fulton County, Georgia, et al. Petitioners v.
Drivetime Car Sales Company, LLC, et al., Respondents; Civil
Action File No. 2017CV290578.
MEETING DATE: Monday, January 8, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: 01 APPROVED (J NOT APPROVE44--l'
CITY ATTORNEY APPROVAL REQUIRED: N YES () NO
CITY ATTORNEY REVIEW REQUIRED: (� YES () NO
APPROVAL BY CITY ATTORNEY: t4 APPROVED (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.cityofmiltonga.us
0000
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
FULTON COUNTY, GEORGIA, et al. )
)
Petitioners, )
)
v. ) CIVIL ACTION FILE NO.
) 2017CV290578
DRIVETIME CAR SALES COMPANY, )
LLC, et al., ) JUDGE CRAIG L. SCHWALL, SR.
)
Respondents. )
CONSENT ORDER BASED UPON MEDIATED SETTLEMENT
This matter is before the Court upon consent of the Petitioners: Fulton County, Georgia,
and Arthur E. Ferdinand, in his official capacity as Tax Commissioner of Fulton County and the
following Respondents: DriveTime Car Sales Company, LLC (hereinafter “DriveTime”);
Lynette Riley, in her official capacity as Commissioner of the Georgia Department of Revenue;
State of Georgia; City of Atlanta, Georgia; City of Milton, Georgia; City of Roswell, Georgia;
City of College Park, Georgia; City of East Point, Georgia; City of Alpharetta, Georgia; City of
Sandy Springs, Georgia; City of Johns Creek, Georgia; City of Fairburn, Georgia; City of
Mountain Park, Georgia; City of Hapeville, Georgia; City of Palmetto, Georgia; City of Union
City, Georgia; City of Chattahoochee Hills, Georgia; Fulton County School District, Atlanta
Public School System (a/k/a Atlanta Independent School System); Metropolitan Atlanta Rapid
Transit Authority (a/k/a MARTA). Two Respondents, Auto Deals, LLC and Title Technologies,
Inc., chose not to participate in the partial resolution outlined herein and thus did not consent.
By Order entered in this case on October 3, 2017, the Court ordered the parties to mediate
and appointed Robert J. Proctor, Esq. as Mediator. The mediation took place through a series of
2
telephone conference calls and emails. As a result of the mediation, the undersigned counsel for
the parties (other than Respondents Auto Deals, LLC and Title Technologies, Inc.) have agreed
to a partial settlement of this case and a complete settlement of claims and counterclaims filed by
Respondent DriveTime on the following terms and conditions.
A. Refund Claims of DriveTime
1. Respondent DriveTime, will be issued a refund check by the Petitioner, Tax
Commissioner of Fulton County (the “Fulton County Tax Commissioner”) in the amount of
$205,732.35 (original claim was $216,560.37 in principal) within 30 days of the signing of this
consent order (the “Consent Order”). This refund covers all refunds attributable to the VIN
numbers set forth on Exhibit “A” or sought by DriveTime in this matter or attributable to sales of
vehicles registered in Fulton County in 2014 and through the date of November 19th, 2017,
resulting from payment of the standard rate of title ad valorem tax (“TAVT”) rather than the
reduced rate of TAVT for direct financing dealers.
2. As a part of the Consent Order, Respondent DriveTime:
a. warrants and represents to the Petitioners and each of the Governmental
Respondents, which are: Lynette Riley, in her official capacity as Commissioner of the Georgia
Department of Revenue; State of Georgia; City of Atlanta, Georgia; City of Milton, Georgia;
City of Roswell, Georgia; City of College Park, Georgia; City of East Point, Georgia; City of
Alpharetta, Georgia; City of Sandy Springs, Georgia; City of Johns Creek, Georgia; City of
Fairburn, Georgia; City of Mountain Park, Georgia; Fulton County School District; Atlanta
Public School System, also known as the “Atlanta Independent School System”; Metropolitan
Atlanta Rapid Transit Authority, also known as “MARTA”; City of Hapeville, Georgia; City of
Palmetto, Georgia; City of Union City, Georgia; and City of Chattahoochee Hills, Georgia
3
(collectively referred to as the “Governmental Respondents”) that:
(1) the refunds sought were paid by Respondent DriveTime, not the purchaser of the
vehicle in question, or if originally paid by the purchaser, they were refunded to the
purchaser by Respondent DriveTime prior to the filing of the counterclaims in this action;
and
(2) there are no other outstanding claims by Respondent DriveTime for refunds of the
TAVT for the vehicles listed on Exhibit “A” or sought by Respondent DriveTime in this
matter or for sales in the year of 2014 and through the date of November 19th, 2017,
resulting from payment of the standard rate of TAVT rather than the reduced rate of
TAVT for direct financing dealers with a Fulton County nexus as of the date of
November 19th, 2017.
b. agrees to indemnify and hold harmless the Petitioners and each of the
Governmental Respondents from and against any and all liability, cost, or expense in the event of
any refund claim by the purchaser of a motor vehicle which was the subject of Respondent
DriveTime’s counterclaims in this action or was attributable to DriveTime’s sale of a vehicle
registered in Fulton County in 2014 and through the date of November 19th, 2017.
3. The Fulton County Tax Commissioner will issue a check to the Mediator for his
fees and expenses within 30 days after the Consent Order is entered in this case in the amount of
Fifteen Thousand and No/Dollars ($15,000.00). Mediator Proctor’s fees for services are detailed
in Exhibit “B”.
4. The total of the disbursements made pursuant to Paragraphs 1 and 2 above shall
be deducted from the monthly TAVT distributions made by the Fulton County Tax
Commissioner to the Governmental Respondents and to Fulton County pursuant to O.C.G.A. §
4
48-5C-1. Such disbursements shall be in accordance with the percentage share due to the
Governmental Respondents and Fulton County in the month in which the disbursements are paid
and will be assigned as refunds related to each vehicle on Exhibit “A”. One-half (1/2) of the
Mediator fees paid pursuant to Paragraph 3 shall be deducted from the monthly TAVT
distributions made by the Fulton County Tax Commissioner to the Governmental Respondents.
The remaining one-half (1/2) of the Mediator fees shall be deducted from the monthly TAVT
distributions made by the Fulton County Tax Commissioner to Fulton County.
5. A complete dismissal with prejudice of all of the claims and counterclaims
asserted against and by DriveTime in this proceeding.
6. Except as otherwise provided above, each of the parties to this Consent Order
shall bear their burden of their attorney’s fees and costs and agrees not to file any motion under
O.C.G.A. § 9-15-14 or any other statute or theory with respect to the claims and counterclaims
asserted against and by DriveTime in this proceeding.
7. None of the parties admits any liability to any other party by virtue of this
Consent Order.
8. The undersigned counsel for the Governmental Respondents, state that they have
recommended approval of this settlement by the governing authority or agency of such
Governmental Respondent, if such approval was required, and have received such approval at
from such governing authority or agency. The Governmental Respondents needing such approval
by signing this Consent Order affirmatively state that they have received such approval from
such governing authority or agency.
[SIGNATURES ON FOLLOWING PAGES]
5
SO ORDERED, this ____ day of ______________________, 201__.
_____________________________________
Hon. Craig L. Schwall, Sr.
Superior Court of Fulton County
Atlanta Judicial Circuit
Drafted By:
OFFICE OF THE FULTON COUNTY ATTORNEY
141 Pryor Street, S.W., Suite 4038
Atlanta, Georgia 30303
(404) 612-0246 (Office)
(404) 730-6324 (Facsimile)
Counsel for Petitioners
P:\CALitigation\Tax Com\DECLARATORY JUDGMENT\Drivetime\Consent Order Mediating Settlement
6
EXHIBIT “A”
[DRIVETIME VINs]
7
EXHIBIT “B”
[STATEMENT OF FEES FOR MEDIATED SERVICES]
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
M- I LTO N *06
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 2, 2018
Steven Krokoff, City Manager
Proclamation Recognizing the Milton Steelers Football Team.
Monday, January 8, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (J APPROVED (J NOT APPROVED
e
CITY ATTORNEY APPROVAL REQUIRED: (J YES (>I NO
CITY ATTORNEY REVIEW REQUIRED: () YES K NO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityotmiltonga.us I www.cityotmiltonga.us
0000
Milton Steelers Championship Appreciation Day
WHEREAS, The Milton Steelers formed as an organization in 2011 and
became an official program partner to the City of Milton in 2012;
and
WHEREAS, The Milton Steelers pioneered the usage of the Guardian Cap, an
extra layer of protection that reduces the impact of a collision by
30%; and
WHEREAS, The Milton Steelers don’t put a player’s name on the back of the
jersey, instead each player has a character word which they
must learn, live and teach to other players; and
WHEREAS, The Milton Steelers teach a motto of “Clear Eyes – Full Heart –
Can’t Lose’; and
WHEREAS, The Milton Steelers program was named the GRPA Volunteer of
the Year in both the District 7 level and the State of Georgia level;
and
WHEREAS, The Milton Steelers 12U tackle team captured the 2017 Youth
Football Alliance State of Georgia Championship; and
WHEREAS, These young men are champions not only on the field, but also in
the classroom, in the community and in life; we are proud of the
Milton Steelers and their 12 U State Champion team and their
contributions to our community.
Now, therefore, we, the Mayor and City Council of the City of Milton, hereby
dictate and proclaim Monday, January 8th as “Milton Steelers Championship
Appreciation Day” in the City of Milton, Georgia.
Given under our hand and seal of the City of Milton, Georgia on this 8th day of
January, 2018.
_________________________________
Joe Lockwood, Mayor
WE
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
M ILTO r\fl�
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 8, 2018
Steven Krokoff, City Manager
Text Amendment - RZ17-09- Article XIX - Crabapple Form
Based Code, 4.9 as it Relates to Parking.
Monday, January 8, 2018 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: OYES () NO
CITY ATTORNEY REVIEW REQUIRED: (�i'ES () NO
APPROVAL BY CITY ATTORNEY: (,rA PPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 01 0 S 06 M
-�X
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infu9cityofmiltonga.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council
From: Kathleen Field, Community Development Director
Re: Text Amendment – RZ17-09 – Article XIX – Crabapple Form Based
Code, 4.9 as it relates to parking
Date: January 2, 2018 for the January 29, 2018 Mayor and City Council
Meeting (First Presentation on January 8, 2018, City Council
Workshop on January 15, 2018)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
Staff is recommending to change the required parking from use based
requirements (retail, office, restaurant, or residential integrated with mixed uses)
to an overall average requirement of 3.5 spaces per 1,000 square feet. This will
allow for a better design for the form based code developments and eliminate
“over-parking” which we experience with our current parking requirements. The
exceptions to this requirement are single family uses will still need to provide two
parking spaces per unit and lodging uses which include hotels, motels, and bed
and breakfasts will require one parking space per room. The proposed
amendment also permits the Community Development Director to grant a 10
percent overall reduction in parking by Warrant.
This recommended change will reduce the amount of impervious surfaces and
allows for shared parking whereby spaces can be allocated based on use and
time of day.
At its November 29, 2017 meeting, the Commission requested that Staff provide
data to support the proposed minimum parking requirement of 3.5 spaces per
1,000 square feet. Below are a list of other nearby jurisdictions and their
requirements.
City of Alpharetta - Downtown
Office – 3 spaces per 1,000 s.f.
Retail – 2 spaces per 2,000 s.f.
Residential – 1 space per bedroom (up to 2) plus 0.15 visitor space per unit
Restaurant – 2 spaces per 1,000 s.f.
City of Roswell - Downtown Historic District
Buildings constructed prior to 1959 – Parking requirements are exempt
Buildings Constructed since 1959 –
Residential – 2 per unit
Non-Residential – 2 spaces per 1000 sq.ft.
Restaurants – 1 space per 300 sq. ft. (3.33 per 1,000 sq.ft.)
City of Marietta – Central Business District
There shall be no required parking spaces in the CBD district except as
described below.
The number of spaces required will be calculated on the square footage
occupied by the business exempting up to the first 15,000 square feet on
street level. Exempt are those structures on the blocks directly facing the
Marietta City Square.
Sandy Springs – Perimeter Center/City Springs Districts Sec. 8.1.3 (Adopted
August 2017)
No minimum ratio for vehicle parking spaces
Maximum Parking
Multi-family – 1.1 spaces per bedroom
Retail Commercial – 4 spaces per 1,000 sq. ft.
Hotel/Lodging – 1 per lodging room
Office – 2 per 1,000 sq.ft.
Restaurant – 8 spaces per 1,000 sq.ft.
City of Woodstock
Office – General – 3 spaces per 1000 sq.ft.
Office – Medical – 3.3. spaces per 1000 sq.ft.
Retail – 3.3 spaces per 1,000 sq.ft.
Residential – 2 per unit
Ordinance provides for shared parking for a development utilizing the
Urban Land Institute Shared Parking report or Institute of Transportation
Engineers Shared Parking Guidelines.
City of Suwanee
Office – 3.3 spaces per 1000 sq.ft.
Retail – 4 per 1000 sq.ft.
Restaurants – 8 per 1000 sq.ft.
Allows the BZA to grant an administrative variance to reduce the number
of parking spaces by up to 20%. Provides for shared parking utilizing Urban
Land Institute or Institute of Transportation Guidelines.
Results of the December 13, 2017 Planning Commission Meeting
The Planning Commission voted unanimously 6-0 to approve the proposed text
amendment as recommended by Staff with the exception of 4.9.2 (a) and (b)
to remain which requires visitor parking.
Legal Review:
Paul Frickey - Jarrard & Davis (December, 2017)
Attachment(s): Text Amendment to Article XIX – Crabapple Form Based Code
and ordinance.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ17-09
AN ORDINANCE TO AMEND ARTICLE XIX OF CHAPTER 64 – CRABAPPLE FORM
BASED CODE, 4.9 AS IT RELATES TO PARKING.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on January 29, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of Article XIX, 4.9 regarding parking in the City
of Milton Zoning Ordinance is hereby adopted and approved; and is attached
hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 29th day of January, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
RZ17-09 – Text Amendment to the Crabapple Form Based prepared for the City of Milton Mayor and
City Council Meeting on January 29, 2018 (First Presentation on January 8, 2018
Item highlighted in yellow – Planning Commission Recommendation
Formatted: Centered
4.9 - OFF-STREET PARKING AND LOADING
4.9.1 Minimum Ooff-street parking for all transect zones shall be 3.5 parking spaces per 1,000 gross
square feet of building area except for single family residential uses and lodging as provided below.
a. All single family residential uses shall provide 2 parking spaces per unit.
b. All lodging uses shall provide 1 parking space per room.
b. Off-street and loading for all other uses shall be provided in accordance with Article VII of
this zoning ordinance.
4.9.2 Required visitor parking in zones T2, T3, T4, T5
a. In addition to the requirements of Section 4.9.1, all single -family residential use groups
described in Section 64-1410 shall provide a minimum of 0.3 visitor parking space per
dwelling unit.
b. Required visitor parking may either be provided off -street in a common parking lot anywhere
on the site or on-street within 300 feet of the intended use, as measured along the direct
improved pedestrian route from the door of the building to the parking space. (Planning
Commission recommends that visitor parking be required)
4.9.2 Subject to the approval of the director of the community development department by Warrant, off -
street parking as required by Article VIII4.9.1 may be reduced up to ten percent. and sShared parking
among uses may beare permitted. in accordance with Section 64-1411.
4.9.3 On-street parking along the parking lane corresponding to the Lot Frontage shall be used to satisfy
the parking requirements for Residential Functions.
4.9.4 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a
minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular
parking spaces. Said rack(s) shall be located within the Public or Private Frontage.
Formatted: Indent: Left: 0.5", Hanging: 0.5"
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Font color: Red
TO:
FROM:
AGENDA ITEM
MEETING DATE:
MILTON"
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 8, 2018
Steven Krokoff, City Manager
Text Amendment - RZ17-10- Article XX - Deerfield Form Based
Code, 4.9 as it Relates to Parking.
Monday, January 8, 2018 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: (j1Y'ES (J NO
CITY ATTORNEY REVIEW REQUIRED: (41YES (J NO
APPROVAL BY CITY ATTORNEY: (111A PPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 0 1 p°O to 4�1
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council
From: Kathleen Field, Community Development Director
Re: Text Amendment – RZ17-10 – Article XX – Deerfield Form Based
Code, 4.9 as it relates to parking
Date: January 2, 2018 for the January 29, 2018 Mayor and City Council
Meeting (First Presentation on January 8, 2018, City Council
Workshop on January 17, 2018)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
Staff is recommending to change the required parking from use based
requirements (retail, office, restaurant, or residential integrated with mixed uses)
to an overall average requirement of 3.5 spaces per 1,000 square feet. This will
allow for a better design for the form based code developments and eliminate
“over-parking” which we experience with our current parking requirements. The
exceptions to this requirement are single family uses will still need to provide two
parking spaces per unit and lodging uses which include hotels, motels, and bed
and breakfasts will require one parking space per room. The proposed
amendment also permits the Community Development Director to grant a 10
percent overall reduction in parking by Warrant.
This recommended change will reduce the amount of impervious surfaces and
allows for shared parking whereby spaces can be allocated based on use and
time of day.
At its November 29, 2017 meeting, the Commission requested that Staff provide
data to support the proposed minimum parking requirement of 3.5 spaces per
1,000 square feet. Below are a list of other nearby jurisdictions and their
requirements.
City of Alpharetta - Downtown
Office – 3 spaces per 1,000 s.f.
Retail – 2 spaces per 2,000 s.f.
Residential – 1 space per bedroom (up to 2) plus 0.15 visitor space per unit
Restaurant – 2 spaces per 1,000 s.f.
City of Roswell - Downtown Historic District
Buildings constructed prior to 1959 – Parking requirements are exempt
Buildings Constructed since 1959 –
Residential – 2 per unit
Non-Residential – 2 spaces per 1000 sq.ft.
Restaurants – 1 space per 300 sq. ft. (3.33 per 1,000 sq.ft.)
City of Marietta – Central Business District
There shall be no required parking spaces in the CBD district except as
described below.
The number of spaces required will be calculated on the square footage
occupied by the business exempting up to the first 15,000 square feet on
street level. Exempt are those structures on the blocks directly facing the
Marietta City Square.
Sandy Springs – Perimeter Center/City Springs Districts Sec. 8.1.3 (Adopted
August 2017)
No minimum ratio for vehicle parking spaces
Maximum Parking
Multi-family – 1.1 spaces per bedroom
Retail Commercial – 4 spaces per 1,000 sq. ft.
Hotel/Lodging – 1 per lodging room
Office – 2 per 1,000 sq.ft.
Restaurant – 8 spaces per 1,000 sq.ft.
City of Woodstock
Office – General – 3 spaces per 1000 sq.ft.
Office – Medical – 3.3. spaces per 1000 sq.ft.
Retail – 3.3 spaces per 1,000 sq.ft.
Residential – 2 per unit
Ordinance provides for shared parking for a development utilizing the
Urban Land Institute Shared Parking report or Institute of Transportation
Engineers Shared Parking Guidelines.
City of Suwanee
Office – 3.3 spaces per 1000 sq.ft.
Retail – 4 per 1000 sq.ft.
Restaurants – 8 per 1000 sq.ft.
Allows the BZA to grant an administrative variance to reduce the number
of parking spaces by up to 20%. Provides for shared parking utilizing Urban
Land Institute or Institute of Transportation Guidelines.
Results of the December 13, 2017 Planning Commission Meeting
The Planning Commission voted unanimously 6-0 to approve the proposed text
amendment as recommended by Staff with the exception of 4.9.2 (a) and (b)
to remain which requires visitor parking.
Legal Review:
Paul Frickey - Jarrard & Davis (December, 2017)
Attachment(s): Text Amendment to Article XIX – Crabapple Form Based Code
and ordinance.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ17-10
AN ORDINANCE TO AMEND ARTICLE XX OF CHAPTER 64 – DEERFIELD FORM
BASED CODE, 4.9 AS IT RELATES TO PARKING.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on January 29, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of Article XX, 4.9 regarding parking in the City
of Milton Zoning Ordinance is hereby adopted and approved; and is attached
hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 29th day of January, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
RZ17-10 – Text Amendment to the Deerfield Form Based prepared for the City of Milton Mayor and City
Council Meeting on January 29, 2018 (First Presentation on January 8, 2018)
Item highlighted in yellow – Planning Commission Recommendation
Formatted: Centered
Formatted: Centered
4.9 - OFF-STREET PARKING AND LOADING
4.9.1 Minimum Ooff-street parking for all transect zones shall be 3.5 parking spaces per 1,000 gross
square feet of building area except for single family residential uses and lodging as provided below.
a. All single family residential uses shall provide 2 parking spaces per unit.
b. All lodging uses shall provide 1 parking space per room.
c. and Off-street loading for all other uses shall be provided in accordance with Article VII of
this zoning ordinance.
4.9.2 Required visitor parking in zones T2, T3, T4, T5, T6
a. In addition to the requirements of Section 4.9.1, all single -family residential use groups
described in Section 64-1410 shall provide a minimum of 0.3 visitor parking space per
dwelling unit.
b. Required visitor parking may be either provided off -street in a common parking lot anywhere
on the site or on-street within 300 feet of the intended use, as measured along the direct
improved pedestrian route from the door of the building to the park ing space. (Planning
Commission Recommends that visitor parking be required)
4.9.3 Subject to the approval of the director of the community development department by Warrant, off -
street parking as required by Article VIII 4.9.1 may be reduced up to ten percent. and sShared parking
among uses may be are permitted. in accordance with Section 64-1411.
4.9.4 On-street parking along the parking lane corresponding to the Lot Frontage shall be used to satisfy
the parking requirements for Resident ial Functions.
4.9.5 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a
minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular
parking spaces. Said rack(s) shall be located within the Public or Private Frontage.
4.9.6 Sites which exceed the minimum number of required off -street parking spaces by this zoning
ordinance shall construct said excess parking spaces of pervious paving. This requirement shall not apply
to excess spaces located within a Parking Structure. Where a site contains both Parking Structures and
Open Parking area, spaces located in the Parking Structure shall be counted towards meeting the minimum
number of required off-street parking spaces before those in Open Parking area.
Formatted: Indent: First line: 0.5"
Formatted: Indent: Left: 0.5", Hanging: 0.5"
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Font color: Red
Formatted: Font color: Red
z7b
TO:
FROM:
MJLTON�t
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 3, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance to Amend the Fiscal Year
2017 Budget to Address the Recognition of Property Tax
Revenues and for Other Purposes.
MEETING DATE: Monday, January 8, 2018 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: (J YES (-�NO
CITY ATTORNEY REVIEW REQUIRED: (J YES (,j"INO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 0
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Assistant City Manager
Date: Submitted on January 2, 2018 for the January 8, 2018 Regular City Council
Meeting
Agenda Item: Consideration of an Ordinance to Amend the Fiscal Year 2017 Budget to
Address the Recognition of Property Tax Revenues and for Other Purposes
Department Recommendation:
The recommendation is to approve the budget amendments as proposed.
Executive Summary:
Since the City’s inception, we have accounted for property taxes, our largest source of revenue,
at the end of our fiscal year. This was initially a fiscally sound decision for the first few years of
operation and allowed us to build the strong financial position we currently hold; however, this
approach makes us completely reliant upon Fulton County to provide the approved tax digest in
a timely manner. If the digest is late, like it was this year and in 2010, it makes it impossible to meet
projected revenues. This, in turn, gives us few options on how to offset the revenue shortfall. With
our pay-go capital improvement plan, the first and most viable option is to delay the operating
transfer to fund the year’s capital projects. We would then catch up the next fiscal year when the
property taxes are received.
As a result of the issues the county had with the 2017 property tax assessments, the digest was
nearly three months late. While this situation is not without its challenges, it also presented the
perfect opportunity for us to make a change in when we account for the collection of property
taxes and mitigate future risk of this happening again. Instead of collecting these revenues at the
end of the fiscal year, we are proposing to recognize them at the beginning of the next fiscal year.
For instance, 2017 property taxes would become fiscal year 2018 revenues and 2018 property
taxes would be fiscal year 2019 revenues and so forth. We have spoken with the city’s auditors,
financial advisors and the credit rating agencies regarding this change and all have agreed that
this is to best decision going forward.
To make this transition, we will need to dip into the fund balance for one year, reprioritize our 2017
and 2018 capital improvement projects, delay a few M&O initiatives, and then steadily rebuild the
fund balance during the FY18 budget cycle. We have met with the department heads and
formed a plan of action that will produce the best results. With the proposed budget
amendments, the projected fund balance for fiscal year 2017 would be approximately $3.1
million, returning to the minimum level of 25% of revenue appropriations (roughly $6.7 million) in
fiscal year 2018. We are confident this plan will serve our citizens well in the short-term and long-
term.
Funding and Fiscal Impact:
Please refer to the attached budget amendment documents.
Alternatives:
None
Legal Review:
N/A
Concurrent Review:
Steven Krokoff, City Manager
Attachment:
Fiscal Year 2017 Proposed Budget Amendments
Proposed Budget Amendments
Fiscal Year 2017
GENERAL FUND
FISCAL YEAR 2017
ACCOUNT #
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
REAL PROPERTY TAX - CURRENT YEAR 100-0000-3111000 5,500,000 (5,500,000) - Change in revenue recognition
PERSONAL PROPERTY TAX - CURRENT YEAR 100-0000-3113000 100,000 (100,000) - Change in revenue recognition
OPERATING TRANSFERS IN - IMPACT FEE FUND 100-0000-3912060 64,629 (28,141) 36,488 Correction of impact fees appropriations
TOTAL (5,628,141)
EXPENDITURES BY PROJECT:
OPERATING TRANSFER OUT TO CAPITAL PROJECTS FUND 100-9000-611101000 1,309,418 1,189,756 2,499,174 Reprioritize capital projects (see below)
OPERATING TRANSFER OUT TO CAPITAL GRANT FUND 100-9000-611102000 - 318 318 Correction of funding
TOTAL 1,190,074
Total Revenues Over/(Under) Expenditures (6,818,215)
Projected Ending Fund Balance 3,090,000
CAPITAL PROJECTS FUND
FISCAL YEAR 2017
ACCOUNT #
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
OPERATING TRANSFER IN:
FROM GENERAL FUND 300-0000-3912010 1,309,418 1,189,756 2,499,174 Reprioritize capital projects (see below)
FROM IMPACT FEE FUND/LAW ENFORCEMENT 300-0000-3912061 32,405 (16,188) 16,217
FROM IMPACT FEE FUND/FIRE 300-0000-3912062 187,810 (94,884) 92,926
FROM IMPACT FEE FUND/ROAD 300-0000-3912063 235,036 (117,180) 117,856
FROM IMPACT FEE FUND/PARK 300-0000-3912064 1,699,257 (710,825) 988,432
TOTAL 250,679
EXPENDITURES BY PROJECT:
GREENSPACE BOND INITIATIVE 300-1110-521200001 197,520 (72,000) 125,520
STATION 43 PARKING LOT REPAIR 300-3510-541200000 38,791 (38,791) -
MOBILE TRAINING UNIT 300-3510-541300000 529,815 (350,000) 179,815
FUEL MANAGEMENT SYSTEM 300-3510-542100001 3,178 (3,178) -
FIRE VEHICLE REPLACEMENT RESERVE 300-3510-542202000 1,001,693 (350,000) 651,693
BRIDGE REPLACEMENT PROGRAM 300-4101-541401200 950,643 (450,000) 500,643
CRABAPPLE NE CONNECTOR 300-4101-541401705 50,000 (50,000) -
HOPEWELL/FRANCIS/COGBURN INTERSECTION 300-4101-541401700 13,148 (13,148) -
WEBB RD TURN LANES 300-4101-541401706 5,500 (5,500) -
NPDES 300-4101-522251000 357,391 (282,037) 75,354
PAVEMENT MANAGEMENT 300-4101-522260000 2,256,499 (1,365,000) 891,499
DOWNTOWN MILTON MASTER PLAN 300-7410-521200007 3,125 4,162 7,287
SR9 COURT/FIRE/POLICE COMPLEX 300-1565-541300100 727,896 (16,188) 711,708
STATION 42 REPLACEMENT 300-3510-541200001 187,810 (94,884) 92,926
INTERSECTION/FREEMANVILLE @ PROVIDENCE 300-4101-541401703 1,771,884 (117,180) 1,654,704
PARK & TRAIL EXPANSION 300-6110-541401401 4,154,616 (710,825) 3,443,791
TOTAL (3,914,569)
Correction of impact fees appropriations
Reprioritization of capital projects
Correction of impact fees appropriations
Proposed Budget Amendments
Fiscal Year 2017
CAPITAL GRANT FUND
FISCAL YEAR 2017
ACCOUNT #
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
OPERATING TRANSFERS IN FROM GENERAL FUND 340-0000-3912010 - 318 318 Correction of funding
TOTAL 318
EXPENDITURES BY PROJECT:
TRAIL CONNECTION TO BIG CREEK GREENWAY 340-4101-541401804 - 318 318 Correction of funding
TOTAL 318
IMPACT FEE FUND
FISCAL YEAR 2017
ACCOUNT #
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
IIMPACT FEES/ADMIN FUND 350-0000-3413211 64,620 (28,165) 36,455
IMPACT FEES/LAW ENFORCEMENT FUND 350-0000-3413212 32,401 (16,188) 16,213
IMPACT FEES/FIRE FUND 350-0000-3413213 187,788 (94,884) 92,904
IMPACT FEES/ROAD FUND 350-0000-3413214 235,009 (117,180) 117,829
IMPACT FEES/PARK FUND 350-0000-3413215 1,699,034 (710,833) 988,201
INTEREST REVENUE/ADMIN FEES 350-0000-3611000 9 24 33
INTEREST REVENUE/PARK FEES 350-0000-3611004 224 8 232
TOTAL (967,218)
EXPENDITURES BY PROJECT:
OPERATING TRANSFERS OUT TO:
GENERFUL FUND/ADMIN 350-9000-611103000 64,629 (28,141) 36,488
CAPITAL PROJ FUND/LAW ENFORCEMENT 350-9000-611101001 32,405 (16,188) 16,217
CAPITAL PROJ FUND/FIRE 350-9000-611101002 187,810 (94,884) 92,926
CAPITAL PROJ FUND/ROAD 350-9000-611101003 235,036 (117,180) 117,856
CAPITAL PROJ FUND/PARK 350-9000-611101004 1,699,258 (710,825) 988,433
TOTAL (967,218)
Correction of impact fees appropriation
Correction of impact fees appropriation
ORDINANCE NO.
STATE OF GEORGIA
FULTON COUNTY
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON,
GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2017 BUDGET TO
ADDRESS THE RECOGNITION OF PROPERTY TAX REVENUES AND FOR
OTHER PURPOSES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a
council meeting on January 29, 2018 at 6:00 p.m. as follows:
WHEREAS, the City Manager of the City of Milton has presented
amendments to the fiscal year 2017 budget to the City Council on each of the
various funds of the City; and
WHEREAS, the amended fiscal year 2017 budget provides a financial plan
for the government to offset the revenue shortfall that resulted from the late receipt
of the tax digest from Fulton County, establishing appropriations for each operating
department in order to extend services;
NOW, THEREFORE BE IT ORDAINED that this budget amendment,
“Exhibit A” attached hereto and by this reference made a part hereof this ordinance
shall be the City of Milton’s amended fiscal year 2017 budget; and
BE IT FURTHER ORDAINED that this budget be and is hereby approved
and the several items of revenues shown in the budget for each fund in the
amounts anticipated are adopted and that the several amounts shown in the
budget for each fund as proposed expenditures are hereby appropriated to the
departments named in each fund; and,
BE IT FURTHER ORDAINED that the expenditures shall not exceed the
appropriations authorized by this budget or amendments thereto provided; that
expenditures for the fiscal year shall not exceed actual funding available; and
BE IT FURTHER ORDAINED that going forward, the City of Milton, GA will
change when property tax revenues are recognized from the end of the current
fiscal year to the beginning of the next fiscal year.
ADOPTED AND APPROVED this 29TH day of January, 2018.
CITY OF MILTON, GEORGIA
By: ________________________
Mayor Joe Lockwood
_________________________ ________________________
Councilmember Peyton Jamison Councilmember Burt Hewitt
_________________________ ________________________
Councilmember Matt Kunz Councilmember Joe Longoria
_________________________ ________________________
Councilmember Laura Bentley Councilmember Rick Mohrig
(SEAL)
Attest:
_______________________________
City Clerk
r
TO:
FROM:
MILTONt
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 3, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance to Amend the Fiscal Year
2018 Budget to Address the Recognition of Property Tax
Revenues.
MEETING DATE: Monday, January 8, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,KAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (J YES (4N0
CITY ATTORNEY REVIEW REQUIRED: (J YES ( 'NO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: p 10 0 ke 91
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Assistant City Manager
Date: Submitted on January 2, 2018 for the January 8, 2018 Regular City Council
Meeting
Agenda Item: Consideration of an Ordinance to Amend the Fiscal Year 2018 Budget to
Address the Recognition of Property Tax Revenues
Department Recommendation:
The recommendation is to approve the budget amendments as proposed.
Executive Summary:
Since the City’s inception, we have accounted for property taxes, our largest source of revenue,
at the end of our fiscal year. This was initially a fiscally sound decision for the first few years of
operation and allowed us to build the strong financial position we currently hold; however, this
approach makes us completely reliant upon Fulton County to provide the approved tax digest in
a timely manner. If the digest is late, like it was this year and in 2010, it makes it impossible to meet
projected revenues. This, in turn, gives us few options on how to offset the revenue shortfall. With
our pay-go capital improvement plan, the first and most viable option is to delay the operating
transfer to fund the year’s capital projects. We would then catch up the next fiscal year when the
property taxes are received.
As a result of the issues the county had with the 2017 property tax assessments, the digest was
nearly three months late. While this situation is not without its challenges, it also presented the
perfect opportunity for us to make a change in when we account for the collection of property
taxes and mitigate future risk of this happening again. Instead of collecting these revenues at the
end of the fiscal year, we are proposing to recognize them at the beginning of the next fiscal year.
For instance, 2017 property taxes would become fiscal year 2018 revenues and 2018 property
taxes would be fiscal year 2019 revenues and so forth. We have spoken with the city’s auditors,
financial advisors and the credit rating agencies regarding this change and all have agreed that
this is to best decision going forward.
To make this transition, we will need to dip into the fund balance for one year, reprioritize our 2017
and 2018 capital improvement projects, delay a few M&O initiatives, and then steadily rebuild the
fund balance during the FY18 budget cycle. We have met with the department heads and
formed a plan of action that will produce the best results. With the proposed budget
amendments, the projected fund balance for fiscal year 2017 would be approximately $3.1
million, returning to the minimum level of 25% of revenue appropriations (roughly $6.7 million) in
fiscal year 2018. We are confident this plan will serve our citizens well in the short-term and long-
term.
Funding and Fiscal Impact:
Please refer to the attached budget amendment documents.
Alternatives:
None
Legal Review:
N/A
Concurrent Review:
Steven Krokoff, City Manager
Attachment:
Fiscal Year 2018 Proposed Budget Amendments
Proposed Budget Amendments
Fiscal Year 2018
GENERAL FUND
FISCAL YEAR 2017
ACCOUNT #
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
REAL PROPERTY TAX - PRIOR YEAR 100-0000-3112000 5,268,000 (4,968,000) 300,000
PERSONAL PROPERTY TAX - PRIOR YEAR 100-0000-3114000 95,000 (90,000) 5,000
TOTAL (5,058,000)
EXPENDITURES BY PROJECT:
MAINTENANCE CONTRACT/PERFORMANCE MANAGEMENT 100-1535-523850131 25,000 (25,000) -
COMPUTER HARDWARE/PERFORMANCE MANAGEMENT 100-1535-542402000 47,200 (25,000) 22,200
MAINTENANCE CONTRACT/VEHICLE COMPUTER UPGRADE 100-1535-542402000 6,375 (4,875) 1,500
COMPUTER HARDWARE/VEHICLE COMPUTER UPGRADE 100-3210-542402000 33,265 (33,265) -
OTHER EQUIPMENT/VEHICLE COMPUTER UPGRADE 100-3210-542500000 3,394 (3,394) -
PROFESSIONAL FEES/SCANNING ARCHIVES 100-7410-521200000 125,000 (50,000) 75,000 Split up the scanning into two yearsOPERATING TRANSFER OUT TO ECONOMIC DEV INCENTIVES
BANK 100-9000-611107000 50,000 (50,000) -
Delay the funding of economic
development incentives bank
OPERATING TRANSFER OUT TO CAPITAL PROJECTS FUND 100-9000-611101000 9,368,340 (8,055,482) 1,312,858
OPERATING TRANSFER OUT TO CAPITAL GRANT FUND 100-9000-611102000 328,750 (300,000) 28,750
CONTINGENCY 100-9000-579100000 213,071 (118,952) 94,119 Reduce to offset shortage
TOTAL (8,665,968)
Total Revenues Over/(Under) Expenditures 3,607,968
Projected Beginning Fund Balance 3,090,000
Ending Fund Balance 6,697,968
CAPITAL PROJECTS FUND
FISCAL YEAR 2017
ACCOUNT #
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
OPERATING TRANSFER IN:
FROM GENERAL FUND 300-0000-3912010 9,368,340 (8,055,482) 1,312,858 Reprioritize capital projects (see below)
TOTAL (8,055,482)
EXPENDITURES BY PROJECT:
GREENSPACE BOND INITIATIVE 300-1110-521200001 53,520 72,000 125,520
GENERAL ADMIN/VEHICLE REPLACEMENT RESERVE 300-1500-542202000 27,762 (14,000) 13,762
SR9 COURT/FIRE/POLICE COMPLEX 300-1565-541300100 1,594,336 (1,594,336) -
POLICE/VEHICLE REPLACEMENT RESERVE 300-3210-542202000 187,283 (150,000) 37,283
STATION 43 PARKING LOT REPAIR 300-3510-541200000 (38,791) 38,791 -
MOBILE TRAINING UNIT 300-3510-541300000 (170,185) 350,000 179,815
Reprioritization of capital projects
Change in revenue recognition
Reprioritize capital projects (see below)
Delay the implementation of performance
management software
Delay the purchase of police vehicle
computer upgrade
Proposed Budget Amendments
Fiscal Year 2018
CAPITAL PROJECTS FUND (cont.)
FISCAL YEAR 2017
ACCOUNT #
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET
FUEL MANAGEMENT SYSTEM 300-3510-542100001 (3,178) 3,178 -
FIRE/VEHICLE REPLACEMENT RESERVE 300-3510-542202000 1,166,693 (515,000) 651,693
SCBA REPLACEMENT 300-3510-542507103 140,251 (140,251) -
STATION 41 ROOF REPLACEMENT 300-3510-522280000 90,000 (20,000) 70,000
BRIDGE REPLACEMENT PROGRAM 300-4101-541401200 800,643 (300,000) 500,643
CRABAPPLE NE CONNECTOR 300-4101-541401705 (50,000) 50,000 -
HOPEWELL/FRANCIS/COGBURN INTERSECTION 300-4101-541401700 (13,148) 13,148 -
WEBB RD TURN LANES 300-4101-541401706 (5,500) 5,500 -
NPDES PERMIT COMPLIANCE 300-4101-522251000 (208,397) 282,037 73,640
PAVEMENT MANAGEMENT 300-4101-522260000 2,475,576 (1,118,000) 1,357,576
PROVIDENCE PARK 300-6110-541200003 560,875 (300,000) 260,875
GATEWAY/WAYFINDING SIGNAGE & HISTORIC MARKERS 300-7410-521200007 207,821 (18,000) 189,821
TOTAL (3,354,933)
CAPITAL GRANT FUND
FISCAL YEAR 2017
ACCOUNT #
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
OPERATING TRANSFERS IN FROM GENERAL FUND 340-0000-3912010 328,750 (300,000) 28,750 Reprioritization of capital projects
TOTAL (300,000)
EXPENDITURES BY PROJECT:
TRAIL CONNECTION TO BIG CREEK GREENWAY 340-4101-541401804 300,000 (300,000) - Reprioritization of capital projects
TOTAL (300,000)
ECONOMIC DEVELOPMENT INCENTIVES BANK
FISCAL YEAR 2017
ACCOUNT #
CURRENT
BUDGET
BUDGET
AMENDMENT
REVISED
BUDGET REASON FOR AMENDMENT
REVENUES BY SOURCE:
OPERATING TRANSFERS IN FROM GENERAL FUND 202-0000-3912010 50,000 (50,000) -
Delay the funding of economic
development incentives bank
TOTAL (50,000)
EXPENDITURES BY PROJECT:
PAYMENT TO OTHERS/INCENTIVES 202-7520-573100000 50,000 (50,000) -
Delay the funding of economic
development incentives bank
TOTAL (50,000)
Reprioritization of capital projects
ORDINANCE NO.
STATE OF GEORGIA
FULTON COUNTY
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON,
GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2018 BUDGET TO
ADDRESS THE RECOGNITION OF PROPERTY TAX REVENUES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a
council meeting on January 29, 2018 at 6:00 p.m. as follows:
WHEREAS, the City Manager of the City of Milton has presented
amendments to the fiscal year 2018 budget to the City Council on each of the
various funds of the City; and
WHEREAS, each of these budget amendments results in a balanced
budget, so that anticipated revenues equal proposed expenditures for each fund;
and
WHEREAS, the amended fiscal year 2018 budget provides a financial plan
for the government, establishing appropriations for each operating department in
order to extend services;
NOW, THEREFORE BE IT ORDAINED that this budget amendment,
“Exhibit A” attached hereto and by this reference made a part hereof this ordinance
shall be the City of Milton’s amended fiscal year 2018 budget; and
BE IT FURTHER ORDAINED that this budget be and is hereby approved
and the several items of revenues shown in the budget for each fund in the
amounts anticipated are adopted and that the several amounts shown in the
budget for each fund as proposed expenditures are hereby appropriated to the
departments named in each fund; and,
BE IT FURTHER ORDAINED that the expenditures shall not exceed the
appropriations authorized by this budget or amendments thereto provided; that
expenditures for the fiscal year shall not exceed actual funding available.
ADOPTED AND APPROVED this 29TH day of January, 2018.
CITY OF MILTON, GEORGIA
By: ________________________
Mayor Joe Lockwood
_________________________ ________________________
Councilmember Peyton Jamison Councilmember Burt Hewitt
_________________________ ________________________
Councilmember Matt Kunz Councilmember Joe Longoria
_________________________ ________________________
Councilmember Laura Bentley Councilmember Rick Mohrig
(SEAL)
Attest:
_______________________________
City Clerk
TO:
FROM:
NIP&
MILTO
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 2, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Text Amendment - RZ17-11- Specific Function and Use in
Table 10 of the Deerfield Form Based Code in regards to
Residential uses in the T-6 Transect Zone.
MEETING DATE: Monday, January 8, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPRO ED
CITY ATTORNEY APPROVAL REQUIRED: M YES () NO
CITY ATTORNEY REVIEW REQUIRED: (4 YES () NO
APPROVAL BY CITY ATTORNEY: K APPROVED () 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.cityofmiltonga.us
0000
To: Honorable Mayor and City Council
From: Kathleen Field, Community Development Director
Re: Text Amendment – RZ17-11– Specific Function and Use in Table 10 of
the Deerfield Form Based Code in regards to Residential uses in the
T-6 Transect Zone.
Date: December 12, 2017 for the December 18, 2017 Mayor and City
Council Meeting (First Presentation on December 4, 2017 – Work
Session on December 11, 2017 and Zoning on January 8, 2018)
Department Recommendation:
The Community Development Department recommends approval of the
proposed text amendment.
Executive Summary:
The City has a limited amount of land that is available for commercial and office
uses located within the Deerfield Form Based Code. Since the adoption of the
code, there has been interest in by the development community to utilize the T -
6 transect zone for single family residential uses without any mixed use
component. This transect zone allows for high density and height up to 16 stories.
The T-6 transect zone is located along Deerfield Parkway, Webb Road and
Morris Road adjacent to GA 400. It is Staff’s opinion that this area should be
developed with primarily non-residential uses so as to increase the City’s tax
base which will support the City’s financial health in the future.
Results of the November 29, 2017 Planning Commission Meeting
The Planning Commission voted unanimously 6-0 to approve the proposed text
amendment.
Results of the December 11, 2017 Council Work Session
Staff presented the proposed text amendment with one suggestion to allow
apartments within the T-6 Transect Zone. Apartments are required to have 50
percent non-residential uses for the overall development or the first floor of every
building contain non-residential uses. The Staff had received this suggestion to
include apartments with mixed use from local developers and Staff agrees. This
change has been included in the attached Use Table of the Deerfield Form
Based Code.
Legal Review:
Paul Frickey - Jarrard & Davis (November, 2017)
Attachment(s): RZ17-11 text amendment and ordinance.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ17-11
AN ORDINANCE TO AMEND ARTICLE XX OF CHAPTER 64 – DEERFIELD FORM
BASED CODE, TABLE 10: SPECIFIC FUNCTION AND USE REGARDING THE T-6
TRANSECT ZONE.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on January 8, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of Article XX regarding the T-6 Transect Zone
regarding residential uses within the City of Milton Zoning Ordinance is hereby
adopted and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 8th day of January, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 1
Table 10: - Specific Function and Use.
This table expands the categories of Table 9 to delegate specific Functions and uses within
Transect Zones.
R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT
a. RESIDENTIAL 1, 12 T2 T3 T4 T4-P
9
T4-O
2
T5
3 T6
Apartment U U U U
Live/Work Unit R R R R R R
Rowhouse R R U U U
Duplex R R R R R
Courtyard House R R R R R R
Sideyard House R R R R R R
Cottage R R R R
House R R R R R
Accessory Unit R R R R R R R
b. LODGING
Motel, Hotel R R R
Bed & Breakfast
Inn U U R R R R
c. OFFICE
Office R R R R
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 2
Radio and Television Station U U U
Live/Work Unit R R R R R R
d. RETAIL
Open-Market
Structure R R R R R R R
General Retail R R R R R
Pawn Shop W W
General Service R R R R R
Artist Studio U U U U U
Restaurant R R R R R
Freestanding Fast Food Restaurant R R R R
Kiosk R R R R R
Drive-Through
Facility 6 R 10 R R R
Push Cart W W W
Liquor Selling
Establishment W W W
Self Service
Laundromat W W W
Laundry and Dry Cleaning Shop R R R
Bank/Financial
Institution R 11 R R R
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 3
Bail Bondsmen
Check Cashing
Establishment W W W
Adult Entertainment
Fortune Telling
Establishment
Massage Parlor, Pool Hall, Escort and Dating Services, Tattoo and
Body Piercing Establishment
e. CIVIC
Bus Shelter R R R R R R R
Convention Center R
Conference Center W W R
Fountain or Public Art R R R R R R R
Library R R R R
Theater R R R
Indoor Commercial Amusement R R R
Outdoor Commercial Amusement W W W
T2 T3 T4 T4-P 9 T4-O 2 T5 3 T6
Museum R R R
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 4
Assembly Hall,
Indoor Auditorium R R R
Gymnasium R R R
Outdoor Auditorium W R R R R R R
Parking Structure R R R
Passenger Terminal R
Sports Stadium
Surface Parking Lot W W W W W
Places of Worship U U U R R R R
f. OTHER: AGRICULTURAL
Grain Storage R
Livestock Pen W
Greenhouse R W
Stable R W
Veterinary Clinic/Hospital, Kennel (with inside pens) W W W
Kennel with Outside Pens
Pet Grooming 8 R R R
f. OTHER: AUTOMOTIVE
Gasoline Station 4 R R R
Automobile Specialty Shop R R R
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 5
Service Station
Automotive Garage, Repair Garage
Automobile and Light Truck Sales/Leasing W W
Car Wash 5 W W W
Drive-Through
Facility 6 R R R
f. OTHER: CIVIL SUPPORT
Fire Station R R R R R R R
Police Station R R R R R
Cemetery U U U
Funeral Home R R R
Hospital R R
Medical Office, Clinic R R R R
Assisted Living,
Convalescent Home,
Personal Care Home,
Nursing Home,
Hospice
R R R R
f. OTHER: EDUCATION
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 6
School of Business, Dance, Music or
Similar W W W
College U U U U U U U
High School U U U U U U U
Trade School U U U U U U U
Elementary School U U U U U U U
Childcare Center 7 U U R R R
f. OTHER: INDUSTRIAL
Heavy Industrial
Facility
Light Industrial
Facility
Manufacturing
Catering R R R
Laundry and Dry Cleaning Distribution Center
Research Laboratory W W
Water Supply
Facility W W W W W W W
Sewer and Waste
Facility
Electric Substation W W W W W W W
Telecommunications See Section 54 of the Code of the City of Milton
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 7
Cremation Facility
Warehouse
Landscaping, Lawn Service R R R
Produce Storage
Recycling Center
Mini-Storage R R R
1. This table notwithstanding, all senior housing shall comply with Section 64-1834(a).
2. T4-Open.
3. Includes T5-Limited subject to Table 9.
4. See Section 4.14 for additional requirements.
5. Includes both principal and accessory car washes.
6. Drive-through facilities are considered accessory to a Retail or Automotive Function.
7. See Sec. 64-1809 for additional requirements.
8. No overnight stay allowed.
9. T4-Permissive. See Sec. 4.6.1(e) for additional restrictions in the Five Acre Road Zone.
10. Only allowed in the Five Acre Road Zone and when accessory to a bank/financial institution.
11. Only allowed in the Five Acre Road Zone.
RZ17-11 – Text Amendment to the Deerfield Form Based prepared for the Mayor and City Council
Meeting on December 18, 2017 (First Presentation December 4, 2017, Work Session December 11,
2017)
12/13/201712/12/2017
Page 8
12. Residential functions are prohibited on any parcel abutting Highway 9, excluding the Five Acre
Road Zone (as shown on the adopted April 27, 2015, Regulating Plan), except when located in a
vertically mixed-use building.
( Ord. No. 15-04-240 , § 1, 4-27-2015; Ord. No. 16-12-293 , § 1, 12-19-2016)
TO:
FROM:
MILTON!
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 2, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of Amendments to Chapter 20, Soil Erosion,
Sedimentation and Pollution Control, Article VI, Soil Erosion
within the City of Milton Code of Ordinances
MEETING DATE: Monday, January 8, 201 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ) APPROVED (J NOT APPROV4--
CITY ATTORNEY APPROVAL REQUIRED: fO YES () NO
CITY ATTORNEY REVIEW REQUIRED: Q YES () NO
APPROVAL BY CITY ATTORNEY: )J APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
info@cityofmiltonga.us 1 www.cityofmiltonga.us
To: Honorable Mayor and City Council Members
From: Carter Lucas, Assistant City Manager
Date: Submitted on December 11, 2017 for the December 18, 2017
Regular Council Meeting and January 8, 2018 Unfinished
Business
Agenda Item: Consideration of Amendments to Chapter 20, Soil Erosion,
Sedimentation and Pollution Control, Article VI, Soil Erosion
within the City of Milton Code of Ordinances
____________________________________________________________________________
Department Recommendation: Approval.
Executive Summary:
As per the Georgia Erosion and Sedimentation Act (O.C.G.A. 12-7-8(a)(2)), Local
Issuing Authorities must amend their ordinances within 12 months of any
amendment of the Act. The city has been notified of a required amendment to
our erosion and sediment control ordinance by Georgia EPD. This amendment
updates the definition of the “Final Stabilization” as follows:
Final stabilization means all soil-disturbing activities at the site have been
completed, and that for unpaved areas and areas not covered by permanent
structures and areas located outside the waste disposal limits of a landfill cell that has
been certified by EPD for waste disposal, 100 percent of the soil surface is uniformly
covered in permanent vegetation with a density of 70 percent or greater, or
landscaped according to the Plan (uniformly covered with landscaping materials in
planned landscape areas) or equivalent permanent stabilization measures as defined
in the Manual (excluding a crop of annual vegetation and seeding of target crop
perennials appropriate for the region) permanent stabilization measures (such as the
use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent
vegetation shall consist of: Planted trees, shrubs, perennial vines; a crop of perennial
vegetation appropriate for the time of year and region; or a crop of annual vegetation
and a seeding of target crop perennials appropriate for the region. Final stabilization
applies to each phase of construction.
Funding and Fiscal Impact:
There will be no additional budgetary considerations in the adoption of this
ordinance.
Legal Review:
Paul Frickey, City Attorney (December 12, 2017)
Attachment(s):
Revised Erosion and Sedimentation Ordinance
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON
AN ORDINANCE TO ADOPT THE SOIL EROSION, SEDIMENTATION AND POLLUTION
CONTROL, ARTICLE VI, CHAPTER 20 SOIL EROSION ORDINANCE WITHIN THE CITY OF
MILTON CODE OF ORDINANCES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called
council meeting on January 8, 2018 6:00 p.m. as follows:
SECTION 1. That the amendment of the soil erosion ordinance, Article VI,
Chapter 20, is hereby adopted and approved; and is attached hereto as if fully
set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith
are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 8th day of January, 2018.
____________________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
Page 1
ARTICLE VI. - SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL[2]
DIVISION 1. - GENERALLY
Sec. 20-490. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
100-year floodplain means land in the floodplain subject to a one percent or greater statistical
occurrence probability of flooding in any given year.
Best management practices (BMPs) means sound conservation and engineering practices to prevent
and minimize erosion and resultant sedimentation, which are consistent with , and no less stringent than,
those practices contained in the "Manual for Erosion and Sediment Control in Georgia" published by the
commission as of January 1 of the year in which the land-disturbing activity was permitted.
Board means the Georgia Board of Natural Resources.
Buffer means the area of land immediately adjacent to the banks of state waters in its natural state of
vegetation that facilitates the protection of water quality and aquatic habitat.
Certified personnel means a person who has successfully completed the appropriate certification
course approved by the Georgia Soil and Water Conservation Commission.
Commission means the Georgia Soil and Water Conservation Commission (GSWCC).
Construction board of appeals means the board appointed by the city council that hears appeals of
stop work orders.
CPESC means certified professional in erosion and sediment control with current certification by
EnviroCert, Inc., which is also referred to as CPESC or CPESC, Inc.
Cut means a portion of land surface or area from which earth has been removed or will be removed
by excavation (the depth below the original ground surface to the excavated surface also known as
excavation).
Department means the Georgia Department of Natural Resources (DNR).
Design professional means a professional licensed by the State of Georgia in the field of: Engineering,
architecture, landscape architecture, forestry, geology or land surveying; or a person that is a certified
professional in erosion and sediment control (CPESC) with a current certification by EnvirocCert Inc. Design
Professionals shall practice in a manner that complies with applicable Georgia law governing professional
licensure.
Director means the director of the environmental protection division or his or her d esignee.
Director DPW means the director of the department of public works or his or her designee.
District means the Fulton County Soil and Water Conservation District.
Division means the environmental protection division (EPD) of the department of nat ural resources.
Drainage structure means a device composed of a virtually nonerodible material such as concrete,
steel, plastic, or other such material that conveys water from one place to another by intercepting the flow
and carrying it to a release point for stormwater management, drainage control, or flood control purposes.
Page 2
Erosion means the process by which land surface is worn away by the action of wind, water, ice or
gravity.
Erosion, sedimentation and pollution control plan means a plan required by the Erosion and
Sedimentation Act, O.C.G.A. ch. 12-7, that includes, as a minimum, protections at least as stringent as the
state general permit, best management practices, and requirements in sections 20-567 and 20-568 of this
article.
Erosion and sedimentation control manual means a field manual produced by the Georgia Soil and
Water Conservation Commission that illustrates vegetative and structural best management practices
(BMPs), and their use for land-disturbing activities.
Fill means a portion of land surface to which soil or other solid material has been added; the depth
above the original ground surface or an excavation.
Final Stabilization: All soil disturbing activities at the site have been completed, and that for
unpaved areas and areas not covered by permanent structures and areas located outside the waste
disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface
is uniformly covered in permanent vegetation with a density of 70% or greater, or landscaped according
to the Plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent
permanent stabilization measures as defined in the Manual (excluding a crop of annual vegetation and
seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of
construction.
Final stabilization means all soil-disturbing activities at the site have been completed, and that for
unpaved areas and areas not covered by permanent structures and areas located outside the waste
disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100 percent of the soil
surface is uniformly covered in permanent vegetation with a density of 70 percent or greater, or equivalent
permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches or geotextiles)
have been used. Permanent vegetation shall consist of: Planted trees, shrubs, perennial vines; a crop of
perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a
seeding of target crop perennials appropriate for the region. Final stabilization applies to e ach phase of
construction.
Finished grade means the final elevation and contour of the ground after cutting or filling and
conforming to the proposed design.
Grading means altering the shape of ground surfaces. The term "grading" includes:
(1) Stripping;
(2) Cutting;
(3) Filling;
(4) Stockpiling;
(5) Shaping or any combination thereof; and
(6) The land in its cut or filled condition.
Ground elevation means the original elevation of the ground surface prior to cutting or filling.
Land-disturbing activity means any activity which may result in soil erosion from water or wind and the
movement of sediments into state waters or onto lands within the state;
(1) The term "land-disturbing activity" includes, but is not limited to:
a. Clearing, dredging or grading; and
b. Excavating, transporting or the filling of land.
(2) The term "land-disturbing activity" does not include agricultural practices as described in
subsection 20-493(5).
Page 3
Larger common plan of development or sale means a contiguous area where multiple separate and
distinct construction activities are occurring under one plan of development or sale. For the purpose of this
definition, the term "plan" means:
(1) An announcement;
(2) Piece of documentation such as a sign, public notice or he aring, sales pitch, advertisement,
drawing, permit application, zoning request, or computer design; or
(3) Physical demarcation such as boundary signs, lot stakes, or survey marking, indicating that
construction activities will occur on a specific plot.
Local issuing authority means the governing authority of any county or municipality which is certified
pursuant to O.C.G.A. § 12-7-8(a).
Metropolitan River Protection Act (MRPA) means a state law referenced as O.C.G.A. § 12-5-440 et
seq., which addresses environmental and developmental matters in certain metropolitan river corridors and
their drainage basins.
Natural ground surface means the ground surface in its original state before any grading, excavation
or filling.
Nephelometric turbidity units (NTU) means numerical units of measure based upon photometric
analytical techniques for measuring the light scattered by finely divided particles of a substance in
suspension. This technique is used to estimate the extent of turbidity in water in which colloid ally dispersed
or suspended particles are present.
NOI means a notice of intent form provided by EPD for coverage under the state general permit.
NOT means a notice of termination form provided by EPD to terminate coverage under the state
general permit.
Notice to comply means enforcement action based on noncompliance through failure to either properly
install or maintain BMPs, where sediments remain within the boundaries of the property. This enforcement
action provides the violator five days to achieve compliance.
Official notice means a posting of a notice to comply or stop work order on a property that is
noncompliant or in violation.
Operator means the party or parties that have:
(1) Operational control of construction project plans and specifications, including th e ability to make
modifications to those plans and specifications; or
(2) Day-to-day operational control of those activities that there are necessary to ensure compliance
with a stormwater pollution prevention plan for the site or other permit conditions, such as a
person authorized to direct workers at a site to carry out activities required by the stormwater
pollution prevention plan or to comply with other permit conditions.
Outfall means the location where storm water in a discernible, confined and discrete conveyance,
leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that
receiving water.
Permit means the authorization necessary to conduct a land-disturbing activity under the provisions of
this article.
Person means any individual, partnership, firm, association, joint venture, public or private corporation,
trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality
or other political subdivision of the State of Georgia, any interstate body or any other legal entity.
Phase or phased means sub-parts or segments of construction projects where the sub-part or segment
is constructed and stabilized prior to completing construction activities o n the entire construction site.
Project means the entire proposed development project, regardless of the size of the area of land to
be disturbed.
Page 4
Properly designed means designed in accordance with the design requirements and specifications
contained in the "Manual for Erosion and Sediment Control in Georgia" (manual) published by the Georgia
Soil and Water Conservation Commission as of January 1 of the year in which the land -disturbing activity
was permitted and amendments to the manual as approved by t he commission up until the date of NOI
submittal.
Reinspection fee means a fee assessed to the developer/owner/operator or responsible party for
reinspecting the project if requested by the developer/owner/operator or responsible party prior to the end
of the compliance period; provided that upon that reinspection the project remains out of compliance.
Roadway drainage structure means a device such as a bridge, catch basin, culvert, or ditch, composed
of a virtually nonerodible material such as concrete, steel, plastic, or other such material that conveys water
under a roadway by intercepting the flow on one side of a traveled way (public or private) consisting of one
or more defined lanes, with or without shoulder areas, and carrying water to a release po int on the other
side.
Sediment means solid material, both organic and inorganic, that is in suspension, is being transported,
or has been moved from its site of origin by air, water, ice, or gravity as a product of erosion.
Sedimentation means the process by which eroded material is transported and deposited by the action
of water, wind, ice, or gravity.
Soil and water conservation district approved plan means an erosion and sedimentation control plan
approved in writing by the Fulton County Soil and Water Conservation District.
Stabilization means the process of establishing an enduring soil cover by the installation of temporary
or permanent structures or vegetation for the purpose of reducing to a minimum the erosion process and
the resultant transport of sediment by wind, water, ice, or gravity.
State general permit means the National Pollution Discharge Elimination System (NPDES) general
permit for stormwater runoff from construction activities as is now in effect or as may be amended or
reissued in the future pursuant to the state's authority to implement the same through federal delegation
under the Federal Water Pollution Control Act, 33 USC 1251 et seq., and O.C.G.A. § 12-5-30(f).
State waters means any and all rivers, streams, creeks, branches , lakes, ditches, reservoirs, ponds,
drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying
within or forming a part of the boundaries of the state which are not entirely confined and retained
completely upon the property of a single individual, partnership, or corporation.
Stop work order means enforcement action that ceases all work on-site or a portion of the site.
Structural erosion and sedimentation control measures means practices for the stabilizing of erodible
or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either
changing the surface of the land or storing, regulating, or disposing of runoff to prevent sediment loss.
Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level
spreaders, waterways, outlets, diversions, grade stabilization structures, sediment traps, and sediment
barriers, and land grading. Such practices can be found in the publication "Manual for Erosion and Sediment
Control in Georgia."
Trout streams means all streams or portions of streams within the watershed as designated by the
Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the
Georgia Water Quality Control Act, O.C.G.A. § 12-5-20 et seq., in the rules and regulations for Water Quality
Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as
water supporting a self-sustaining population of rainbow, brown, or brook trout. Streams designated as
secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable
of supporting trout throughout the year. First order trout waters are streams into which no other streams
flow except springs.
Vegetative erosion and sedimentation control measures means measures for the stabilization of
erodible or sediment-producing areas by covering the soil with:
(1) Permanent seeding, sprigging, or planting, producing long-term vegetative cover;
Page 5
(2) Temporary seeding, producing short-term vegetative cover; or
(3) Sodding, covering areas with a turf of perennial sod-forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia.
Watercourse means any natural or artificial watercourse, stream, river, creek, channel, ditch, canal,
conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or
intermittently and which has a definite channel, bed, and banks, and including any area adjacent thereto
subject to inundation by reason of overflow or floodwater.
Wetlands means those areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions. The term "wetlands" includes:
(1) Swamps;
(2) Marshes;
(3) Bogs; and
(4) Similar areas.
Sec. 20-491. - Authority and title.
This article is adopted pursuant to the authority and mandate of the Georgia Erosion and
Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.), as amended. Certification by EPD authorizes the
city as a local issuing authority. As a local issuing authority, the city is certified to provide and maintain an
erosion control program which includes, but is not limited to, development plan review, permitting and
erosion control enforcement. This article will be known as "The Milton Soil Erosion, Sedimentation and
Pollution Control Ordinance of 2006."
Sec. 20-492. - Intent.
It is the intent of this article to establish soil erosion, sedimentation and pollution control minimum
requirements, standards, and enforcement procedures for land-disturbance activities in order to conserve
and protect the environment, public health, and the general welfare of the city's citizens.
Sec. 20-493. - Exemptions.
This article shall apply to any land-disturbing activity undertaken by any person on any land except for
the following:
(1) Surface mining, as the same is defined in O.C.G.A. § 12-4-72, "The Georgia Surface Mining Act
of 1968."
(2) Granite quarrying and land clearing for such quarrying;
(3) Such minor land-disturbing activities as home gardens and individual home landscaping, repairs,
maintenance work, fences and other related activities which result in minor soil erosion;
(4) The construction of single-family residences when such construction disturbs less than one acre
and is not a part of a larger common plan of development or sale with a planned disturbance of
equal to or greater than one acre and not otherwise exempted under this section; provided,
however, that construction of any such residence shall conform to the minimum requirements as
set forth in O.C.G.A. § 12-7-6 and this subsection and division 3 of this article. For single -family
residence construction covered by provisions of this subsection, there shall be a buffer zone
between the residence and any state waters class ified as trout streams pursuant to Article 2 of
Page 6
Chapter 5 of the Georgia Water Quality Control Act (O.C.G.A. § 12 -5-20 et seq.). In any such
buffer, no land-disturbing activity shall be constructed between the residence and the point where
vegetation has been wrested by normal stream flow or wave action from the banks of the following
trout waters:
a. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a
smaller buffer shall be granted;
b. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the EPD
director may grant variances to no less than 25 feet;
c. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which
are streams into which no other streams flow except for springs, the buffer shall be at least 25
horizontal feet, and no variance to smaller buffer shall be granted. The minimum requirements of
of O.C.G.A. § 12-7-6(b), division 3 of this article and the buffer zones provided by this section
shall be enforced by the issuing authority.
(5) Agricultural operations, as defined in O.C.G.A. § 1-3-3, "definitions" include:
a. The raising, harvesting, or storing of products of the field or orchard;
b. Feeding, breeding, or managing livestock or poultry;
c. Producing or storing feed for use in the production of livestock including, but not limited to,
cattle, calves, swine, hogs, goats, sheep, and rabbits;
d. The production of poultry including, but not limited to, chickens, hens and turkeys;
e. Producing plants, trees, fowl, or animals;
f. The production of aquaculture, horticultural, dairy, livestock, poultry, eggs, and apiarian
products; and farm buildings and farm ponds.
(6) Forestry land management practices, including harvesting; provided, however, that when such
exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited
in a buffer, as established in subsections 20-568(a)(16) and (17), no other land-disturbing
activities, except for normal forest management practices, shall be allowed on the entire property
upon which the forestry practices were conducted for a period of three years after completion of
such forestry practices;
(7) Any project carried out under the technical supervision of the Natural Resource Conservation
Service of the United States Department of Agriculture;
(8) Any project involving disturbance of 5,000 square feet or less; provided, however, that this
exemption shall not apply to any land-disturbing activity within a larger common plan of
development or sale with a planned disturbance equal to or greater than one acre or within 200
feet of the bank of any state waters, and for purposes of this subsection, state waters exclude
channels and drainageways which have water in them only during and immediately after rainfall
events and intermittent streams which do not have water in them year round; provided, however,
that any person responsible for a project which involves 5,000 square feet or less, which involves
land-disturbing activity, and which is within 200 feet of any such excluded channel or
drainageway, must prevent sediment from moving beyond the boundaries of the property on
which such project is located and provided, further, that nothing herein shall prevent the local
issuing authority from regulating any such project which is not specifically exempted by
subsections (1) through (7), (9), or (10) of this section;
(9) Construction or maintenance projects, or both, undertaken or financed, in whole or in part, or
both, by the department of transportation, the Georgia Highway Authority, or the state road and
tollway authority; or any road construction or maintenance project, or both, undertaken by any
county or municipality; provided, however, that construction or maintenance projects of the
department of transportation or state road and tollway authority which disturb one or more
contiguous acres of land shall be subject to the provisions of O.C.G.A. § 12 -7-7.1; except where
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the department of transportation, the Georgia Highway Authority, or the state road and tollway
authority is a secondary permittee for a project located within a larger common plan of
development or sale under the state general permit, in which case a copy of a notice of intent
under the state general permit shall be submitted to the City of Milton. The City of Milton shall
enforce compliance with the minimum requirements set forth in O.C.G.A. § 12 -7-6, and division
3 of this article as if a permit had been issued, and violations shall be subject to the same penalties
as violations by permit holders;
(10) Any land-disturbing activities conducted by any electric membership corporation or municipal
electrical system or any public utility under the regulatory jurisdiction of the public service
commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory
Commission, any cable television system as defined in O.C.G.A. § 36 -18-1, or any agency or
instrumentality of the United States engaged in the generation, transmission, or distribution of
power, except where an electric membership corporation or municipal electric system or any
public utility under the regulatory jurisdiction of the public service commission, any utility under
the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television
system as defined in O.C.G.A. § 36-18-1, or any agency or instrumentality of the United States
engaged in the generation, transmission, or distribution of power is a secondary permittee for a
project located within a larger common plan of development or sale under the state general
permit, in which case the city shall enforce compliance with the minimum requirements set forth
in O.C.G.A. § 12-7-6 and division 3 of this article as if a permit had been issued and violations
shall be subject to the same penalties as violations by permit holders; and
(11) Any public water system reservoir.
Secs. 20-494—20-512. - Reserved.
DIVISION 2. - INSPECTION AND ENFORCEMENT
Subdivision I. - In General
Sec. 20-513. - Authority.
(a) Community development director. The community development director or designee will periodically
inspect the sites of land-disturbing activities for which permits have been issued to determine if the
activities are being conducted in accordance with the approved plan, permit and this article and to
determine if the measures required in the plan are effective in controlling soil erosion and
sedimentation.
(b) Primary, secondary and tertiary permittees regulated. The city shall regulate both primary, secondary
and tertiary permittees as such terms are defined in the state general permit.
(1) Primary permittees shall be responsible for the installation and maintenance of best management
practices where the primary permittee is conducting land-disturbing activities.
(2) Secondary permittees shall be responsible for the installation and maintenance of best
management practices where the secondary permittee is conducting land-disturbing activities.
(3) Tertiary permittees shall be responsible for installation and maintenance where the tertiary
permittee is conducting land-disturbing activities.
(c) Notice; contents. If, through inspection, it is deemed that a person engaged in land-disturbing activities
as defined herein has failed to comply with the approved plan, with permit conditions, or with the
provisions of this article, a written notice to comply shall be served upon that person, except for working
without a permit, disturbing a stream buffer, allowing sediment to enter state waters by failure to
properly design, install or maintain best management practices, or working under a stop work order,
Page 8
which conditions warrant immediate citation. The notice shall set forth the measures necessary to
achieve compliance and shall state the time within which such measures must be completed.
(d) Noncompliance. If the person engaged in the land-disturbing activity fails to comply with the corrective
measures specified in the official notice within the time specified, he or she shall be deemed in violation
of this article, and the community development director m ay take such additional enforcement actions
as he or she deems appropriate.
Sec. 20-514. - Authority to investigate; right of entry.
The community development director shall have the power to conduct such investigation as the
community development director may deem reasonably necessary to carry out the duties prescribed in this
article, and for this purpose shall have the power to enter at reasonable times upon any property, public or
private, for the purposes of investigation and inspection of the sites of land-disturbance or building activities.
Sec. 20-515. - Unlawful to refuse entry or obstruct, hamper or interfere with inspection.
No person shall refuse entry or access to any authorized representative or agent of the city, the
commission, the district, or division who requests entry for the purposes of inspection, and who presents
appropriate credentials. Nor shall any person obstruct, hamper, or interfere with any such representative
while in the process of carrying out his or her official duties.
Sec. 20-516. - Display of plan on site required.
A copy of a current approved plan shall be kept on site until project completion or issuance of certificate
of occupancy.
Sec. 20-517. - Periodic review by district or commission.
(a) The district or the commission, or both, shall semi-annually review the actions of counties and
municipalities which have been certified as local issuing authorities pursuant to O.C.G.A. § 12 -7-8(a).
(b) The district or the commission, or both, may provide technical assistance to any county or municipality
for the purpose of improving the effectiveness of the counties or municipality's erosion, sedimentation
and pollution control program.
(c) The district or the commission shall notify the division and request an investigation by the division if
any deficient or ineffective legal program is found.
(d) The local issuing authority must amend its ordinances to the extent appropriate within 12 months of
any amendments to the Erosion and Sediment Act of 1975.
Sec. 20-518. - Divisional review for compliance with state regulations.
(a) The division may periodically review the actions of counties and municipalities which have been
certified as local issuing authorities pursuant to O.C.G.A. § 12-7-8(a).
Page 9
(b) Such review may include, but not be limited to, review of the administration and enforcement of a
governing authority's ordinance and review of conformance with an agreement, if any, between the
district and the governing authority.
(c) If such review indicates that the governing authority of any county or municipality certified pursuant to
O.C.G.A. § 12-7-8(a) has not administered or enforced its ordinances or has not conducted the
program in accordance with any agreement entered into pursuant to O.C.G.A. § 12-7-7(e), the division
shall notify the governing authority of the county or municipality in writing.
(d) The governing authority of any county or municipality so notified shall have 90 days within which to
take the necessary corrective action to retain certification as a local issuing authority.
(e) If the county or municipality does not take the necessary corrective action within 90 days after
notification by the division, the division may revoke the certification of the county or municipality as a
local issuing authority.
Secs. 20-519—20-537. - Reserved.
Subdivision II. - Penalties and Incentives
Sec. 20-538. - Failure to obtain a permit for land-disturbing activity; citation.
If any person commences any land-disturbing activity requiring a land-disturbing permit, as prescribed
in this article, without first obtaining said permit, the person shall be subject to the revocation of his or her
business license, work permit, or other authorization to conduct any business and associated work activities
within the city's jurisdictional boundaries. The failure to comply may result in a citation being issued to
appear in municipal court which may result in monetary fines.
Sec. 20-539. - Stop work orders; notice to comply.
(a) First and second violations; notice. For the first and second violations of the provisions of this article,
the community development director or designee shall issue a written warning to the violator. The
violator shall have five days to correct the violation. If the violation is not corrected within five days, the
community development director or designee shall issue a stop work order requiring the land -
disturbance activity to be stopped until necessary corrective action or mitigation has occurred;
provided, however, that, if the violation presents an imminent threat to public health or waters of the
state or if the land-disturbing activities are conducted without obtaining the necessary permit, the
community development director or designee shall issue an immediate stop work order i n lieu of a
warning.
(b) Three or more violations. For the third and each subsequent violation, the community development
director or designee shall issue an immediate stop work order.
(c) Stop work orders remain in effect until violation cured. All stop work orders shall be in effect
immediately upon issuance and shall remain in effect until the necessary corrective action or mitigation
has occurred.
(d) Posted notices; removal prohibited. It shall be unlawful for any representative of the owner to remove
an official notice to comply or stop work posting.
(1) Upon the issuance of a stop work order, the community development director or his or her
representative shall post official notices at such locations on the project site as deemed
appropriate.
Page 10
(2) Such posted official notices shall be prominently displayed on the owner's property until the stop
work order is rescinded by the community development director or designee, at which time said
posted notices will be removed by the community development director or designee or his or her
representative.
(3) When a violation in the form of taking action without a permit, failure to maintain a stream buffer,
or significant amounts of sediment, as determined by the community development director or his
or her designee, have been or are being discharged into state waters and where best
management practices have not been properly designed, installed, and maintained, a stop work
order shall be issued by the community development director or his or her designee.
(4) All such stop work orders shall be effective immediately upon issuance and shall be in effect until
the necessary corrective action or mitigation has occurred.
(5) Such stop work orders shall apply to all land-disturbing activity on the site with the exception of
the installation and maintenance of temporary or permanent erosion, sediment and pollution
controls.
Sec. 20-540. - Reinspection fee.
The community development director shall assess a minimum $50.00 reinspection fee to a project if a
reinspection is requested prior to the end of a compliance period and the site is found to remain out of
compliance upon that inspection. Such fees to cover administrative, field inspections, and transportation
costs must be satisfied prior to the issuance of a final erosion inspection or a certificate of occupancy.
Sec. 20-541. - Bond forfeiture.
(a) Posting; notice; contents. If, through inspection, it is determined that a person engaged in land -
disturbing activities has failed to comply with the appro ved plan and permit, written notice to comply
shall be served upon that person. The notice shall set forth the measures necessary to achieve
compliance with the plan and shall state the time within which such measures must be completed.
(b) Failure to comply. If the person engaged in the land-disturbing activity fails to comply within the time
specified, he or she shall be deemed in violation of this article and, in addition to other penalties, shall
be deemed to have forfeited his or her performance bond, if required to post one under the provisions
of subsection 20-591(g). The city may call the bond or any part thereof to be forfeited and may use the
proceeds to hire a contractor to stabilize the site and bring it into compliance.
Sec. 20-542. - Reserved.
Sec. 20-543. - monetary penalties.
(a) Any person who violates any provision of this article, or any permit condition or limitation established
pursuant to this article or who negligently or intentionally fails or refuses to comply with any final or
emergency order of the city director of community development issued as provided in this article shall
be liable for a civil penalty not to exceed $2,500.00 per day for each violation. For the purpose of
enforcing the provisions of this article, notwithstanding any provisions in the City Charter to the
contrary, municipal courts shall be authorized to impose penalty not to exceed $2,500.00 for each
violation. Notwithstanding any limitation of law as to penalties which can be assessed for violations of
city ordinances, any magistrate court or any other court of competent jurisdiction trying cases brought
as violations of this article under city ordinance approved under this article shall be authorized to
Page 11
impose penalties for such violations not to exceed $2,500.00 for each violation. Each day during which
a violation or failure or refusal to comply continues shall be a separate violation.
(b) Upon violation of the provisions of this article, the city shall be entitled to take such remedial action as
the community development director deems necessary to ensure compliance, and the violator shall
reimburse the city for any cost or expense associated with such compliance efforts and the city shall
be entitled to place a lien on the property to secure payment and re imbursement for these expenses.
(c) The city community development director has the primary responsibility for the enforcement of this
article.
(d) Persons designated by the community development director are hereby authorized to issue official
notices, citations, and summons charging violations under this article, returnable to the state or city
municipal court, or any other court of competent jurisdiction.
Sec. 20-544. - Education and certification.
(a) Persons involved in land development design, review, permitting, construction, monitoring, or
inspection or any land-disturbing activity shall meet the education and training certification
requirements, dependent on their level of involvement with the process, as developed by the
commission in consultation with the division and the stakeholder advisory board created pursuant to
O.C.G.A. § 12-7-20.
(b) For each site on which land-disturbing activity occurs, each entity or person acting as either a primary,
secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one
person who is in responsible charge of erosion and sedimentation control activities on behalf of said
entity or person and meets the applicable education or training certification requirements develope d
by the Commission present on site whenever land-disturbing activities are conducted on that site. A
project site shall herein be defined as any land-disturbance site or multiple sites within a larger common
plan of development or sale permitted by an own er or operator for compliance with the state general
permit.
(c) Persons or entities involved in projects not requiring a state general permit but otherwise requiring
certified personnel on site may contract with certified persons to meet the requirements of this article.
(d) If a state general permittee who has operational control of land -disturbing activities for a site has met
the certification requirements of O.C.G.A. § 12-7-19(b)(1), then any person or entity involved in land-
disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet
those educational requirements specified in O.C.G.A § 12-7-19(b)(4) and shall not be required to meet
any educational requirements that exceed those specified in said paragrap h.
Sec. 20-545. - Appeals.
(a) Construction board of appeals; hearing. The suspension, revocation, modification, or grant with
condition of a permit by the city upon finding that the holder is not in compliance with the approved
erosion sediment and pollution control plan; or that the holder is in violation of permit conditions; or
that the holder is in violation of any provision of this article shall entitle the person submitting the plan
or holding the permit to a hearing before the city construction b oard of appeals within 45 days after
receipt by the city director of community development of written request for appeal.
(b) Fulton County Superior Court. Any person aggrieved by a decision or order of the city, after exhausting
his or her administrative remedies, shall have the right to appeal de novo to the Superior Court of
Fulton County.
Page 12
Sec. 20-546. - Liability.
(a) Neither the approval of a plan under the provisions of this article, nor the compliance with provisions
of this article, shall relieve any person from responsibility for damage to any person or property
otherwise imposed by law nor impose any liability upon the city, the district or their officers, employees
or agents for damage to any person or property.
(b) The fact that a land-disturbing activity for which a permit has been issued results in injury to the
property of another shall neither constitute proof of nor create a presumption of a violation of the
standards provided for in this article or the terms of the permit.
(c) No provision of this article shall permit any person to violate the Georgia Erosion and Sedimentation
Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and
approved thereunder or pollute any state waters as defined thereby.
Secs. 20-547—20-565. - Reserved.
DIVISION 3. - MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION CONTROL
USING BEST MANAGEMENT PRACTICES (BMP)
Sec. 20-566. - General provisions.
(a) Excessive soil erosion and resulting sedimentation can take place during land -disturbing activities if
the requirements of the article and the NPDES general permit are not met. Therefore, plans for those
land-disturbing activities which are not exempted by this article shall contain provisions for an
application of soil erosion, sedimentation and pollution control measures and practices. The provisions
shall be incorporated into the erosion, sedimentation and pollution control plans.
(b) Soil erosion and sedimentation control measures and practices shall conform to the minimum
requirements of sections 20-567 and 20-568.
(c) The application of measures and practices shall apply to all features of the site, including street and
utility installations, drainage facilities and other temporary and permanent improvements.
(d) Measures shall be installed to prevent or control erosion sedimentation and pollution during all stages
of any land-disturbing activity in accordance with requirements of this article and th e NPDES general
permit.
Sec. 20-567. - Minimum requirements (BMP).
(a) Properly designed defined. Best management practices as set forth in this section and section 20 -568
shall be required for all land-disturbing activities. Proper design, installation, and maintenance of BMPs
shall constitute a complete defense to any action by the director or to any other allegation of
noncompliance with subsection (b) of this section or any substantially similar terms contained in a
permit for the discharge of stormwater issued pursuant to O.C.G.A. § 12-5-30(f) of the "Georgia Water
Quality Control Act." As used in this subsection, the terms "proper design" and "properly designed"
mean designed in accordance with the hydraulic design specifications contained in the "M anual for
Erosion and Sediment Control in Georgia" specified in O.C.G.A. § 12-7-6(b).
(b) Violations. Each discharge of stormwater runoff from disturbed areas where BMPs have not been
properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing
Page 13
permit issued by the City of Milton or of any state general permit issued by the division, pursuant to
O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such discharge
results and the turbidity of receiving waters being increased by more than 25 nephelometric turbidity
units for waters supporting warm water fisheries. or by more than ten nephelometric turbidity units for
waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance
with guidelines issued by the director. This subsection shall not apply to any land -disturbance
associated with the construction of single-family homes which are not part of a larger common plan of
development or sale unless the planned disturbance for such construction is equal to or greater than
five acres.
(c) Failure to properly design, install, or maintain BMPs shall constitute a violation of any land -disturbing
permit issued by the City of Milton or of any state general permit issued by the division pursuant to
O.C.G.A. § 12-5-30(f), the "Georgia Water Quality Control Act," for each day on which such failure
occurs.
(d) The director may require, in accordance with regulations adopted by the board, reasonable and
prudent monitoring of the turbidity level of receiving waters into which discharges from land-disturbing
activities occur.
(e) The City of Milton may set more stringent buffer requirements than stated in subsections 20 -568(a)(16)
and (17) in light of O.C.G.A. § 12-7-6(c).
Sec. 20-568. - To comply with state general permit.
(a) The rules and regulations, ordinances, or resolutions adopted pursuant to O.C.G.A. § 12 -7-1 et seq.
for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least
as stringent as the state general permit; and best management practices (BMPs), including sound
conservation and engineering practices to prevent and minimize erosion and resultant sedimentation,
which are consistent with, and no less stringent than, those practices contained in the "Manual for
Erosion and Sediment Control in Georgia," published by the Georgia Soil and Water Conservation
Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as
the following:
(1) Proper erosion control measures must be installed along site boundaries prior to the stripping of
vegetation, re-grading, and other development activities as deemed by the community
development director to minimize erosion.
(2) Cut-fill operations must be kept to a minimum.
(3) Development plans must conform to the topography and soil type so as to minimize erosion
potential.
(4) Whenever feasible, natural vegetation shall be retained, protected and supplemented.
(5) The disturbed area and duration of exposure to erosive elements shall be kept to a practicable
minimum.
(6) Disturbed soil shall be stabilized as quickly as practicable.
(7) Temporary vegetation or mulching shall be employed to p rotect all exposed areas during
development.
(8) Permanent vegetation and structural erosion control measures shall be installed as soon as
practicable.
(9) Sediment in runoff water must be trapped by the use of debris basins, sediment basins, sediment
barriers, construction exits or similar BMPs as outlined in the erosion and sediment control
manual until the disturbed area is stabilized. As used in this subsection (a), a disturbed area is
Page 14
stabilized when it is brought to a condition of continuous compliance with the requirements of this
section and O.C.G.A. § 12-7-1 et seq.
(10) Adequate provisions must be provided to minimize damage from surface water to the cut face of
excavations or the sloping surface of fills. Cuts and fills must not endanger adjoi ning properties.
(11) Sound engineering practices or methods shall be employed to protect (i.e., cuts and fills may not
endanger) adjoining properties.
(12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to
adversely affect other property owners.
(13) Migrated soil materials or soil materials displaced by mechanical means from land-disturbing sites
to adjacent watercourses, such as lakes, ponds, streams and creeks etc., must be remediated
The remedial work shall be conducted as per a remedial plan approved by the City of Milton.
(14) Grading equipment must cross flowing streams by means of temporary or permanent bri dges or
culverts except when such methods are not feasible; provided, in any case, that such crossings
are kept to a minimum.
(15) Land-disturbing activity plans for erosion sedimentation and pollution control shall include
provisions for treatment or control of any source of sediments and adequate sedimentation control
facilities to retain sediments on site or preclude sedimentation of adjacent waters beyond the
levels specified in subsection 20-567(b).
(16) Except as provided in subsection (a)(17) of this section, there is established a 25-foot buffer along
the banks of all state waters, as measured horizontally from the point where vegetation has been
wrested by normal stream flow or wave action, except where the director determines to allow a
variance that is at least as protective of natural resources and the environment where otherwise
allowed by the director, pursuant to O.C.G.A. § 12-2-8, or where a drainage structure or a roadway
drainage structure must be constructed; provided that adequate erosion control measures are
incorporated in the project plans and specifications are implemented; or along any ephemeral
stream. As used in this provision, the term 'ephemeral stream' means a stream: that under normal
circumstances has water flowing only during and for a short duration after precipitation events;
that has the channel located above the groundwater table year round; for which ground water is
not a source of water; and for which runoff from precipitation is the primary source of water flow,
unless exempted as along on ephemeral stream, the buffers of at least 25 feet established
pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act," shall
remain in force unless a variance is granted by the director as provid ed in this paragraph. The
following requirements shall apply to any such buffer:
a. No land-disturbance activities shall be conducted within a buffer and a buffer shall remain in
its natural, undisturbed state of vegetation until all land-disturbing activities on the
construction site are completed, except as otherwise provided by this subsection.
b. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of
vegetation as long as a protective vegetative cover remains to pr otect water quality and
aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream
bed; provided, however, that any person constructing a single -family residence, when such
residence is constructed by or under contract with the owner for his or her own occupancy,
may thin or trim underbrush in a buffer at any time as long as protective vegetative cover
remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient
quantity to keep shade on the stream bed; and
c. The buffer shall not apply to the following land-disturbing activities; provided that they occur
at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to
the stream; cause a width of disturbance of not more than 50 feet within the buffer; and
adequate erosion control measures are incorporated into the project plans and specifications
and are implemented:
1. Stream crossings for water lines; or
Page 15
2. Stream crossings for sewer lines.
(17) There is established a 50-foot buffer as measured horizontally from the point where vegetation
has been wrested by normal stream flow or wave action, along the banks of any state waters
classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, o f the "Georgia Water
Quality Control Act," except where a roadway drainage structure must be constructed; provided,
however, that small springs and streams classified as trout streams which discharge an average
annual flow of 25 gallons per minute or less shall have a 25-foot buffer or they may be piped, at
the discretion of the landowner, pursuant to the terms of a rule providing for a general variance
promulgated by the board, so long as any such pipe stops short of the downstream landowner's
property and the landowner complies with the buffer requirement for any adjacent trout streams.
The director may grant a variance from such buffer to land -disturbing activity, provided that
adequate erosion control measures are incorporated in the project plans and sp ecifications and
are implemented. The following requirements shall apply to such buffer;
a. No land-disturbance activities shall be conducted within a buffer and a buffer shall remain in
its natural, undisturbed state of vegetation until all land-disturbing activities on the
construction site are completed. Once the final stabilization of the site is achieved, a buffer
may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to
protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to
keep shade on the stream bed; provided, however, that any person constructing a single -
family residence, when such residence is constructed by or under contract with the owner
for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as
protective vegetation cover remains to protect water quality and aquatic habitat and natural
canopy is left in sufficient quality to keep shade on the stream bed; and
b. The buffer shall not apply to the following land-disturbing activities; provided that they occur
at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to
the stream; cause a width of disturbance of not more than 50 feet within the buffer; and
adequate erosion control measures are incorporated into the project plans and specifications
and are implemented:
1. Stream crossings for water lines; or
2. Stream crossings for sewer lines.
c. Nothing contained in O.C.G.A. § 12-7-1 et seq. shall prevent any local issuing authority from
adopting rules and regulations, ordinances, or resolutions which contain stream buffer
requirements that exceed the minimum requirements in section 20-567 and this section.
Sec. 20-569. - No presumption of violation.
The fact that land-disturbing activity for which a permit has been issued results in injury to the property
of another shall neither constitute proof of nor create a presumption of a violation of the standards provided
in this article or the terms of the permit.
Sec. 20-570. - Additional requirements.
Where the director or the city director of community development finds, through inspection, that
property owners have been adversely affected due to violations clearly identified by the director or the city
director of community development, or that the approved current plans do not adequately address the
features of the site, the director or the city director of community development can require additional bmps,
drawings, and revisions to comply with the minimum requirements as outlined in this division.
Page 16
Secs. 20-571—20-589. - Reserved.
DIVISION 4. - APPLICATION/PERMIT PROCESS
Sec. 20-590. - General provisions.
(a) The property owner, developer, and designated planners and engineers shall design and review the
general development plans before submittal:
(1) The city shall review the tract to be developed and the area surrounding it.
(2) The city shall consult the zoning ordinance, stormwater management ordinance, subdivision
ordinance, flood damage prevention resolution, this article, and other ordinances which regulate
the development of land within the jurisdictional boundaries of the c ity.
(b) However, the property owner and/or operator are the only parties who may obtain a permit.
Sec. 20-591. - Application requirements.
(a) Prior to any land-disturbing activity, the property in question must be part of an approved and recorded
legal lot of record (including, but not limited to, exemption plat, minor plat, or final plat). Additionally,
no land-disturbing activity, including grading, excavating, filling, and foundation work, shall be
conducted within the city, until a land-disturbance permit or a building permit (for those projects not
requiring a land-disturbance permit under this article) shall have been issued by the community
development director allowing such activity, pursuant to the provisions herein provided. If a project is
to be developed in phases, then a separate land-disturbance permit or building permit is required for
each phase not to exceed 25-acre increments and the development sequence should be followed on
all projects issued a land-disturbance permit.
(b) No person shall conduct any land-disturbing activity within the city's jurisdictional boundaries without
first obtaining a permit from the city community development department or its successor to perform
such activity and provide a copy of notice of intent submitted to EPD if applicable.
(c) All developments, construction, improvements, utilities, and demolitions that occur within the
boundaries of the incorporated city limits that disturb more than 5,000 square feet of land shall be
required to submit an application for a land-disturbance permit.
(d) The application for a permit shall be submitted to the community development department and must
include the applicant's erosion and sedimentation control plan with supporting data, as necessary.
Said plans shall include, as a minimum, the data specified in section 20-592. Soil erosion
sedimentation and pollution control plans, together with supporting data must demonstrate
affirmatively that the land-disturbing activity proposed shall conform to the provisions of this section
and section 20-592. Applications for a permit will not be accepted unless accompanied by three copies
of the applicant's soil erosion, sedimentation and pollution control plans and a physical address of the
property owner (post office box not acceptable). All applications shall contain a certification stating that
the plan preparer or the designee thereof visited the site prior to the creation of the plan in accordance
with EPD Rule 391-3-7-10.
(e) A minimum fee, as set by the city council, shal l be charged for each acre, or fraction thereof, of the
project area.
(f) In addition to the city's permitting fees, fees also will be assessed pursuant to O.C.G.A. § 12 -5-23(a)(5);
provided that such fees shall not exceed $80.00 per acre of land -disturbing activity and these fees
shall be calculated and paid by the primary permittee as defined in the state general permit for each
acre of land-disturbing activity included in the planned development or each phase of development.
All applicable fees shall be paid prior to issuance of the land-disturbance permit. Half of such fees
levied shall be submitted to the division; except that any and all fees due from an entity which is
Page 17
required to give notice pursuant to O.C.G.A. § 12-7-17(9) or (10) shall be submitted in full to the
division, regardless of the existence of a local issuing authority in the jurisdiction.
(g) The permit applicant shall be required to post a bond (surety) in the form of cash prior to issuing the
permit. The bond amount shall be determined as established by the community development
department, but not exceeding $3,000.00 per acre or fraction thereof of the proposed land -disturbing
activity. Surety bonds shall be: 1) on the bond form provided by the City; 2) properly executed by the
permit applicant and surety; and 3) issued by a surety company determined to be: a) in good standing
with the office of the Georgia Insurance and Fire Safety Commissioner; and b) listed in Circular 570
(Federal Register Vol. 62, No. 126) among companies holding certificates of authority as acceptable
sureties on Federal bonds and as acceptable reinsuring companies.
(1) If the applicant does not comply with this article or with the conditions of the permit after issuance,
the city may call the bond or any part thereof to be forfeited and may use the proceeds to hire a
contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
(2) If a permit applicant has had two or more outstanding violations of previous permits, this article ,
or the Erosion and Sedimentation Act of 1975 (O.C.G.A. § 12-7-1 et seq.), as amended, within
three years prior to the date of filing of the application under consideration, the city may deny the
permit application.
(3) These provisions shall not apply unless there is in effect an ordinance or statute specifically
providing for hearing and judicial review of any determination or order of the Local Issuing
Authority with respect to alleged permit violations.
(h) If applicable, immediately upon receipt of an application and plan for a permit, the city shall refer the
application and plan to the, district for its review and approval or disapproval concerning the adequacy
of the erosion sedimentation and pollution control plan. The district shall approve or d isapprove a plan
within 35 days of receipt. Failure of the district to act within 35 days shall be considered an approval
of the pending plan. The results of the district review shall be forwarded to the city. No permit will be
issued unless the plan has been approved by the district, and any variances required by subsections
20-568(a)(16) and (17), and bonding, if required as per subsection (g) of this section, have been
obtained. Such review will not be required if the city and the district have entered i nto an agreement
which allows the city to conduct such review and approval of the plan without referring the application
and plan to the district. The local issuing authority with plan review authority shall approve or
disapprove a revised plan submittal within 35 days of receipt. Failure of the local issuing authority with
plan review authority to act within 35 days shall be considered an approval of the revised plan
submittal.
Sec. 20-592. - Plan requirements.
(a) Plans must be prepared to meet the minimum requirements as contained in sections 20-567 and 20-
568 of this article or through the use of more stringent, alternate design criteria which conform to sound
conservation and engineering practices. The Manual for Erosion and Sedimentation Control in Georgia
is hereby incorporated by reference into this article. The plan for the land -disturbing activity shall
consider:
(1) The interrelationship of the soil types;
(2) Geological and hydrological characteristics;
(3) Topography;
(4) Watershed;
(5) Vegetation;
Page 18
(6) Proposed permanent structures including roadways, constructed waterways, sediment control
and stormwater management facilities; and
(7) Local ordinances and state laws.
(b) Data required for site plan.
(1) All the information required from the appropriate erosion, sedimentation and pollution control plan
review checklist established by the commission as of January 1 of the year in which the land -
disturbing activity was permitted.
(c) Maps, drawings, and supportive computations shall bear the signature/seal of a registered or certified
design After December 31, 2006, all persons involved in land development design, review, permitting,
construction, monitoring, or inspection or any land-disturbing activity shall meet the education and
training certification requirements, dependent on his or her level of involvement with the process, as
developed by the commission and in consultation with the division and the stakeholder advisory board
created pursuant to O.C.G.A. § 12-7-20.
Sec. 20-593. - Permits.
(a) Permits shall be issued or denied as soon as practicable but, in any event, not later than 45 days after
receipt by the city of a completed application; providing variances and bonding are obtained, where
necessary, and all applicable fees have been paid prior to permit issuance. The permit shall include
any conditions under which the activity may be undertaken.
(b) No permit shall be issued by the city unless the erosion sedimentation and pollution control plan has
been approved by the district or by the city, and unless the city has affirmatively determined that the
plan is in compliance with this article, any variances required by subsections 20 -568(a)(16) and (17)
are obtained, bonding requirements, if necessary, as per subsection 20-591(g), are met and all
ordinances and rules and regulations in effect within the jurisdictional boundaries of the unincorporated
city are met. If the permit is denied, the reason for denial shall be furnished to the applicant.
(c) If the tract is to be developed in phases, then a separate permit shall be required for each phase to
include the development sequence.
(d) The permit may be suspended, revoked, or modified by the city, as to all or any portion o f the land
affected by the plan, upon finding that the holder or his or her successor in title is not in compliance
with the approved erosion and sedimentation control plan or that the holder or his or her successor in
title is in violation of this article. A holder of a permit shall notify any successor in title to him or her of
the conditions contained in the permit as to all or any portion of the land affected by the approved plan.
(e) The city may reject a permit application if the applicant has had two or more violations of previous
permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date
of the application, in light of O.C.G.A. § 12-7-7(f)(1).
(f) It shall constitute noncompliance with this article to enga ge in land-disturbance activity involving
clearing, grading, timber harvesting, or grubbing without a permit, which activity may immediately
warrant citation.
Sec. 20-594. - City or county construction; compliance with article.
All engineering and construction involving land disturbance performed by or on behalf of the city and
under the direction of the public works department or any other city entity, whether such engineering or
construction is being accomplished on existing and proposed public land or on public easement, shall
comply with the requirements of this article and any other ordinances relating to land disturbance, as are
applied to private persons and the division shall enforce such requirements upon the city.
Page 19
Secs. 20-595—20-635. - Reserved.
DIVISION 5. - DESIGN PROFESSIONAL INSPECTION
Sec. 20-636. - Required; exception.
The design professional referenced in the state general permit (except when the primary permittee
has requested in writing and EPD has agreed to an alternative design professional) must inspect the
installation of BMPs which the design professional designed within seven days after the initial construction
activities commenced. The design professional shall determine if these BMPs have been insta lled and are
being maintained as designed. The design professional shall report the results of the inspection to the
primary permittee within seven days and the primary permittee must correct all deficiencies within two
business days of receipt of the inspection report from the design professional unless weather related site
conditions are such that additional time is required. The community development director shall withhold the
occupancy permit until full compliance has been achieved.
Sec. 20-637. - Additional reporting requirements.
Applicants/owners/operators shall provide the community development director with a copy of any
monitoring results submitted to EPD regarding the National Pollutant Discharge Elimination System
(NPDES). Reports shall be in a format as prescribed by EPD. A copy of the notice of intent which has been
sent to EPD in compliance with the permit requirements must be presented to the community development
director prior to the issuance of any land-disturbance permit.
Secs. 20-638—20-656. - Reserved.
TO:
FROM:
MILTON't'
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 4, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution Appointing or Reappointing
Members to the City of Milton Board of Zoning Appeals by
Appointing a Board Member At -Large and for District 1 /Post 1,
District 2/Post 1, District 3/Post 1 and District 1 /Post 2.
MEETING DATE: Monday, January 8, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: {') APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (J YES ONO
CITY ATTORNEY REVIEW REQUIRED: (J YES ('O
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: b I 081'b 0
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 OR REAPPOINTING MEMBERS TO THE CITY OF
MILTON BOARD OF ZONING APPEALS BY APPOINTING A BOARD MEMBER AT-
LARGE AND FOR DISTRICT 1/POST 1, DISTRICT 2/POST 1, DISTRICT 3/ POST 1,
AND DISTRICT 1/POST 2.
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular
session on January 8. 2018 at 6:00 p.m. as follows:
SECTION 1. That __________ (At-Large) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021;
SECTION 2. That __________ (District 1/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021;
SECTION 3. That __________ (District 2/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021;
SECTION 4. That __________ (District 3/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021; and
SECTION 5. That __________ (District 1/Post 2) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2019.
SECTION 6. That this Resolution shall become effective upon its
adoption.
RESOLVED this 8th day of January 2018.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk
TO:
FROM:
M.ILTON'IP
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 3, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution Appointing or Reappointing
Members to the City of Milton Cultural Arts Committee for
District 1 /Post 1.
MEETING DATE: Monday, January 8, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ( APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (,�'NO
CITY ATTORNEY REVIEW REQUIRED: () YES ()XO
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 0/ 09� (&
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 CULTURAL ARTS
COMMITTEE FOR DISTRICT 1/POST 1.
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular
session on January 8. 2018 at 6:00 p.m. as follows:
SECTION 1. That __________ (District 1/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021; and
SECTION 2. That this Resolution shall become effective upon its
adoption.
RESOLVED this 8th day of January 2018.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk
TO:
FROM:
MILTON"
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 4, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution Appointing or Reappointing
Members to the City of Milton Design Review Board by
Appointing a Board Member for District 1 /Post 1, District 2/Post
1, District 3/Post 1 and District 1 /Post 2.
MEETING DATE: Monday, January 8, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: t kOPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES 0160
CITY ATTORNEY REVIEW REQUIRED: () YES (-rq0
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 01 to i$
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF
MILTON DESIGN REVIEW BOARD BY APPOINTING A BOARD MEMBER FOR
DISTRICT 1/POST 1, DISTRICT 2/POST 1, DISTRICT 3/POST 1, AND
DISTRICT 1/POST 2.
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular
session on January 8. 2018 at 6:00 p.m. as follows:
SECTION 1. That __________ (District 1/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021;
SECTION 2. That __________ (District 2/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021;
SECTION 3. That __________ (District 3/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021;
SECTION 4. That __________ (District 1/Post 2) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2019; and
SECTION 5. That this Resolution shall become effective upon its
adoption.
RESOLVED this 8th day of January 2018.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk
TO:
FROM:
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 4, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution Appointing or Reappointing
Members to the City of Milton Equestrian Committee by
Appointing a Board Member At -Large and for District 1 /Post 1,
District 2/Post 1 and District 3/Post 1.
MEETING DATE: Monday, January 8, 2018 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 1 +N o
CITY ATTORNEY REVIEW REQUIRED: (J YES ( J NO
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: b l a� �� AV
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
info@cityofmiltonga.us I www.dtyofmiltonga.us
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF
MILTON EQUESTRIAN COMMITTEE BY APPOINTING A BOARD MEMBER AT-LARGE
AND FOR DISTRICT 1/POST 1, DISTRICT 2/POST 1, AND DISTRICT 3/POST 1.
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular
session on January 8. 2018 at 6:00 p.m. as follows:
SECTION 1. That __________ (At-Large) is hereby appointed commencing
January 8, 2018 and ending on December 31, 2021;
SECTION 2. That __________ (District 1/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021;
SECTION 3. That __________ (District 2/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021;
SECTION 4. That __________ (District 3/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021; and
SECTION 5. That this Resolution shall become effective upon its
adoption.
RESOLVED this 8th day of January 2018.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk
TO:
FROM:
MILTON"
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 4, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution Appointing or Reappointing
Members to the City of Milton Plarks and Recreation Advisory
Board by Appointing a Board Member At -Large and for
District 1 /Post 1, District 2/Post 1 and District 3/Post 1.
MEETING DATE: Monday, January 8, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: KAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (�10
CITY ATTORNEY REVIEW REQUIRED: () YES (,KN O
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 010615
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us
0000
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF
MILTON PARKS AND RECREATION ADVISORY BOARD BY APPOINTING A BOARD
MEMBER AT-LARGE AND FOR DISTRICT 1/POST 1, DISTRICT 2/POST 1, AND
DISTRICT 3/POST 1.
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular
session on January 8. 2018 at 6:00 p.m. as follows:
SECTION 1. That __________ (At-Large) is hereby appointed commencing
January 8, 2018 and ending on December 31, 2021;
SECTION 2. That __________ (District 1/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021;
SECTION 3. That __________ (District 2/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021;
SECTION 4. That __________ (District 3/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021; and
SECTION 5. That this Resolution shall become effective upon its
adoption.
RESOLVED this 8th day of January 2018.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk
TO:
FROM:
MILTON"It
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: January 4, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Resolution Appointing or Reappointing
Members to the City of Milton Planning Commission by
Appointing a Board Member At -Large and for District 1 /Post 1,
District 2/Post 1 and District 3/Post 1.
MEETING DATE: Monday, January 8, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (-)-NO
CITY ATTORNEY REVIEW REQUIRED: () YES (<O
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: Of C6 is 16(51
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF
MILTON PLANNING COMMISSION BY APPOINTING A BOARD MEMBER AT-
LARGE AND FOR DISTRICT 1/POST 1, DISTRICT 2/POST 1, AND DISTRICT 3/POST 1.
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular
session on January 8. 2018 at 6:00 p.m. as follows:
SECTION 1. That __________ (AT-LARGE) is hereby appointed commencing
January 8, 2018 and ending on December 31, 2021;
SECTION 2. That __________ (District 1/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021;
SECTION 3. That __________ (District 2/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021;
SECTION 4. That __________ (District 3/Post 1) is hereby appointed
commencing January 8, 2018 and ending on December 31, 2021; and
SECTION 5. That this Resolution shall become effective upon its
adoption.
RESOLVED this 8th day of January 2018.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk