HomeMy WebLinkAboutAgenda Packet - CC - 10/22/2018
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
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, October 22, 2018 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Father Reginald Simmons, St. Aidan’s Episcopal Church,
Milton, Georgia
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood)
4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 18-288)
5) PUBLIC COMMENT (General)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 22, 2018
Page 2 of 4
6) CONSENT AGENDA
1. Approval of the October 8, 2018 Regular City Council Meeting
Minutes.
(Agenda Item No. 18-289)
(Sudie Gordon, City Clerk)
2. Approval of a Professional Services Agreement with InterDev, LLC to
Provide Comprehensive IT and GIS Management Services.
(Agenda Item No. 18-290) (Stacey Inglis, Assistant City Manager)
3. Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC
to Audit the City’s Financial Statements for the Fiscal Year Ending
September 30, 2018.
(Agenda Item No. 18-291)
(Bernadette Harvill, Finance Director)
4. Approval of the following Subdivision Plats:
Name of Development / Location Action Comments
/ # lots
Total
Acres Density
1. Larry D. & Marilyn Willis
LL 954
13475 Birmingham Highway
Minor
Plat 3 lots 7.66 .39 Lots / acre
2. Brenda Ely
LL 690
14505 Cogburn Road
Minor
Plat 3 lots 5.35 .56 Lots / acre
3. Boonruang
LL 772 & 813
14080 Freemanville Road
Minor
Plat 2 lots 2.89 .69 Lots / acre
4. Reece Farm
LL 674
14520 Thompson Road
Minor
Plat 3 lots 8.26 .36 Lots / acre
(Agenda Item No. 18-292)
(Carter Lucas, Assistant City Manager)
7) REPORTS AND PRESENTATIONS
1. Proclamation Recognizing Breast Cancer Awareness Month.
(Councilmember Joe Longoria and Councilmember Rick Mohrig)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 22, 2018
Page 3 of 4
2. Discussion of Concept Plans for Hopewell Road at Bethany Bend/Bethany
Way.
(Sara Leaders, Transportation Engineer)
8) FIRST PRESENTATION
1. Consideration of ZM18-02/ VC18-08 - Located at the Southeast quadrant
of Birmingham Hwy and Birmingham Road by OHC Birmingham LLC, 22.12
acres in 2/2, Land Lots 379, 380, 413, and 414.
(1) Request to modify ZM14-06 Condition 2.a. to the revised site plan
received on September 18, 2018.
(2) Request to modify ZM14-03 - To delete Condition 6.c., the reference to
the village green.
(3) A Concurrent Variance to delete the 75 foot undisturbed buffer and 10
foot improvement setback along the south property line of the MIX zoning
district adjacent to AG-1 - Sec. 64-1142 (a) (3.) b.
(Agenda Item No. 18-293)
(Carter Lucas, Assistant City Manager)
9) PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATIONS
1. Consideration of the Issuance of an Alcohol Beverage License to
Campania Milton LLC. d/b/a Campania, 12635 Crabapple Road, Suite
310, Milton, Ga. 30004.
(Agenda Item No. 18-294)
(Bernadette Harvill, Finance Director)
2. Consideration of the Issuance of an Alcohol Beverage License to Seven
Acre Barngrill, LLC., d/b/a Seven Acre Barngrill, 850 Hickory Flat Road,
Milton, Ga. 30004.
(Agenda Item No. 18-295)
(Bernadette Harvill, Finance Director)
10) ZONING AGENDA (None)
11) UNFINISHED BUSINESS (None)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 22, 2018
Page 4 of 4
12) NEW BUSINESS
1. Consideration of a Project Agreement between the City of Milton and
the State of Georgia Department of Natural Resources for the
Construction of an ADA Accessible Trail at Providence Park.
(Agenda Item No. 18-296)
(Jim Cregge, Parks and Recreation Director)
2. Consideration of a Resolution of the City of Milton Authorizing a Pre-
Application for a Land and Water Conservation Fund Grant with the
Department of Natural Resources.
(Agenda Item No. 18-297)
(Jim Cregge, Parks and Recreation Director)
13) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Community Development
2. Finance
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 18-298)
TO:
FROM:
MIL-�l ON%--
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: October 18, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Professional Services Agreement with InterDev,
LLC to Provide Comprehensive IT and GIS Management
Services.
MEETING DATE: Monday, October 22, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ( APPROVED (J NOT APPROVE
CITY ATTORNEY APPROVAL REQUIRED: p(J YES (J NO
CITY ATTORNEY REVIEW REQUIRED: ja j YES () NO
APPROVAL BY CITY ATTORNEY: q APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Assistant City Manager
Date: Submitted on October 17, 2018 for the October 22, 2018 Regular City Council
Meeting
Agenda Item: Approval of a Professional Services Agreement with InterDev, LLC to provide
Comprehensive IT and GIS Managed Services
Project Description:
Over the past four years, the city has contracted with VC3 to provide IT managed services (i.e.,
Chief Information Officer, day-to-day help desk support, project management and IT
infrastructure). The infrastructure platform is a virtual hosted environment that has proven to be
inefficient in meeting our needs. An IT assessment was performed by InterD ev, LLC in March that
identified potential exposures to risk in several areas that should be addressed immediately. It also
provided key initiatives based on their professional assessment and feedback from staff. One of
the key initiatives was to either improve the operation of the virtual environment or evaluate and
implement a better solution. After careful consideration, staff recommends converting to an on
premise solution that will provide the framework necessary to make IT work for our staff and
citizens.
While InterDev, LLC was onsite performing the IT assessment, we asked them to include GIS in their
scope of work. One of our main goals is to fully integrate the city’s software solutions across
departments through GIS. We needed a professional eye on the capability and capacity of
current staff and the tools they’re provided to ensure the city is prepared to move forward with
the integration. It was discovered that the virtual office environment hindered the ability for
multiple users to fully utilize the Esri Enterprise Agreement (i.e., a robust GIS software package). The
limitations have created a bottleneck for GIS demands that has, in turn, placed a significant
burden on our GIS Manager. The recommendations identified in the assessment were to improve
the performance of the GIS systems in place by providing the hardware needed that will allow
multiple users access to the EA and to consider adding a GIS Analyst to assist with the current
demands.
A Request for Proposal was issued for Comprehensive IT and GIS Managed Services in August and
three firms submitted bids. The evaluation of the bids were performed and InterDev, LLC was the
only firm that addressed all of the needs identified in the RFP.
Procurement Summary:
Purchasing method used: RFP
Account Number: 100-1535-523850127
Requisition Total: $327,459 for FY 2019
*Monthly cost = $34,051 and is based on 175 users at $120 per user that will fluctuate over the
course of the term. There is an annual escalator of up to 4%.
Vendor DBA: InterDev, LLC
Financial Review: Bernadette Harvill, October 18, 2018
Legal Review: Sam VanVolkenburgh, Jarrard & Davis LLP, October 15, 2018
Attachment(s): Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this_____ day of _____________, 20___
(the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal
corporation of the State of Georgia, acting by and through its governing authority, the Mayor and
City Council (hereinafter referred to as the “City”), and InterDev, LLC, a Georgia Limited
Liability Company, having its principal place of business at 2650 Holcomb Bridge Rd, Suite 310,
Alpharetta GA 30022 (herein after referred to as the "Consultant"), collectively referred to herein
as the "Parties."
WITNESSETH:
WHEREAS, City desires to retain Consultant to provide certain services in the completion
of a Project (defined below); and
WHEREAS, City finds that specialized knowledge, skills, and training are necessary to
perform the Work (defined below) contemplated under this Agreement; and
WHEREAS, Consultant has represented that it is qualified by training and experience to
perform the Work; and
WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under
the terms and conditions provided in this Agreement; and
WHEREAS, the public interest will be served by this Agreement; and
WHEREAS, Consultant has familiarized itself with the nature and extent of the
Agreement, the Project, and the Work, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance
of Work.
NOW, THEREFORE, for and in consideration of the mutual promises, the public
purposes, and the acknowledgements and agreements contained herein, and other good and
adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually
agree as follows:
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Agreement. The Agreement shall consist of this Professional Services Agreement
and each of the Exhibits hereto, which are incorporated herein by reference, including:
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Exhibit “A” – City Solicitation Documents
Exhibit “B” – Consultant Response/Proposal
Exhibit “C” – Scope of Work
Exhibit “D” – Contractor Affidavit
Exhibit “E” – Subcontractor Affidavit
Exhibit “F” – Key Personnel
B. Project Description. The “Project” at issue in this Agreement is generally
described as: the provision of comprehensive managed IT and GIS services for the City of Milton,
Georgia.
C. The Work.
i. The Work to be completed under this Agreement (the “Work”) includes 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.
ii. Notwithstanding anything to the contrary in Exhibit “C”, for the months of
November and December, 2018, the Work shall consist only of a limited set of IT
support services: Data Center, Network, and Security Services. No GIS services
will be provided. Beginning on January 1, the full scope of services set forth in
Exhibit “C” will be provided.
D. Schedule, Completion Date, and Term of Agreement. Consultant understands
that time is of the essence of this Agreement and warrants and represents that it will perform the
Work in a prompt and timely manner, which shall not impose delays on the progress of the Work.
The term of this Agreement (“Term”) shall commence as of November 1, 2018, and shall
terminate, on September 30, 2025 (provided that certain obligations will survive
termination/expiration of this Agreement). If the Term of this Agreement is longer than one year,
the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate
absolutely and without further obligation on the part of City on September 30 each year of the
Term (end of the City’s fiscal year), and further, that this Agreement shall automatically renew on
October 1 (the beginning of each subsequent fiscal year) absent City’s provision of written notice
of non-renewal to Consultant at least five (5) days prior to the end of the then current fiscal year .
Title to any supplies, materials, equipment, or other personal property shall remain in Consultant
until fully paid for by City.
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II. METHOD OF ASSIGNING WORK
A. Standard and Non-Standard Services Distinguished. As set forth in Exhibits
“A” and “B”, the services contemplated by this Agreement consist of “standard” services that will
be provided as needed for a fixed fee, and “non-standard” services that will be provided at an
additional charge with billing based on the hourly rates of the lowest tier resource capable of
successfully performing the task.
B. Method of Assigning Standard Services. Standard services may be assigned in
any manner agreed upon by the Parties, including through a work ticket system. Each task will be
prioritized and performed on the basis of the service level and response time assigned.
C. Method of Assigning Non-Standard Services. Non-standard services shall be
treated as independent purchases of services under the City’s purchasing policy. Such purchases
shall be deemed “name brand” or “sole source” purchases authorized without competitive
procurement, and shall be procured through purchase orders subject to the terms of this Agreement
and issued in accordance with the City’s purchasing policy. Every non-standard project or service
involving greater than 20 hours of billable time will have an approved Statement of Work (SOW)
and Project Plan as discussed in Exhibit “B.”
III. COMPENSATION AND METHOD OF PAYMENT
A. Payment Terms. City agrees to pay Consultant for the Work performed and costs
incurred by Consultant upon certification by City that the Work was actually performed in
accordance with the Agreement. Compensation for Work performed shall be paid to Consultant
upon City’s receipt and approval of invoices, along with all supporting documents requested by
City to process the invoice. Invoices shall be submitted on a monthly basis. City shall pay
Consultant within thirty (30) days after approval of the invoice by City staff.
B. Contract Price. Assuming a consistent number of City “users” of IT services, the
total amount paid for standard services during the first City fiscal year (October 1, 2018 –
September 30, 2019) shall be $327,459, as shown in the table below:
Time Period Cost For Standard
IT Services Provided
Cost for Standard
GIS Services
Provided
Total Monthly Cost
November 1, 2018 –
December 31, 2018
$10,500/month N/A $10,500
January 1, 2019 –
September 30, 2019
$25,134/month $8,917/month $34,051
Total Cost: $327,459
The costs set forth above do not include non-standard work, which shall be procured
through separate purchase orders at the prevailing hourly rates set forth in Exhibit “B.”. The City
may also increase or decrease its monthly cost for standard IT services by adding or subtracting
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users, in which case the monthly cost will be adjusted by $120/month/user, as more fully described
in Exhibit “B.”
No later than 30 days before October 1 of each year in the Term of this Agreement,
Consultant shall provide City with its proposed rates (total monthly rate and per-user rate for
standard services and hourly rates for non-standard services) for the following City fiscal year,
which rates may include up to a 4% escalator on the prior year. If the City elects to renew for the
following year, the Parties shall execute an amendment to this Agreement incorporating the revised
rates.
C. Reimbursement for Costs. The Contract Price set forth in Section III(B) above
includes all costs, direct and indirect, needed to perform the Work and complete the Project, and
there shall be no separate reimbursement for cost
IV. COVENANTS OF CONSULTANT
A. Expertise of Consultant; Licenses, Certification and Permits. Consultant
accepts the relationship of trust and confidence established between it and City, recognizing that
City’s intention and purpose in entering into this Agreement is to engage an entity with the
requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit
of the timely and competent completion of the Work undertaken by Consultant under this
Agreement. Consultant shall employ only persons duly qualified in the appropriate area of
expertise to perform the Work described in this Agreement.
Consultant covenants and declares that it has obtained all diplomas, certificates, licenses,
permits or the like required of Consultant by any and all national, state, regional, county, or local
boards, agencies, commissions, committees or other regulatory bodies in order to perform the
Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work
in accordance with the standard of care and quality ordinarily expected of competent professionals
and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders
applicable to the Project, including, but not limited to, any applicable records retention
requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional
work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting
the applicable standard of care or quality will be provided by Consultant at no additional cost to
City. This provision shall survive termination of this Agreement.
B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary
limitations are not a justification for breach of sound principals of Consultant’s profession and
industry. Consultant shall take no calculated risk in the performance of the Work. Specifically,
Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations
established without disregarding sound principles of Consultant’s profession and industry,
Consultant will give written notice immediately to City.
C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does
not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City
bears no responsibility for Consultant’s Work performed under this Agreement. Consultant
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acknowledges and agrees that the acceptance of Work by City is limited to the function of
determining whether there has been compliance with what is required to be produced under this
Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness
of Consultant’s performance. Consultant further agrees that no approval of designs, plans,
specifications or other work product by any person, body or agency shall relieve Consultant of the
responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under
professional and industry standards, or for performing services under this Agreement in
accordance with sound and accepted professional and industry principles.
D. Consultant’s Reliance on Submissions by City. Consultant must have timely
information and input from City in order to perform the Work required under this Agreement.
Consultant is entitled to rely upon information provided by City, but Consultant shall provide
immediate written notice to City if Consultant knows or reasonably should know that any
information provided by City is erroneous, inconsistent, or otherwise problematic.
E. Consultant’s Representative. Nathan Holder shall be authorized to act on
Consultant’s behalf with respect to the Work as Consultant’s designated representative, provided
that this designation shall not relieve either Party of any written notice requirements set forth
elsewhere in this Agreement.
F. Assignment of Agreement. Consultant covenants and agrees not to assign or
transfer any interest in, or delegate any duties of this Agreement, without the prior express written
consent of City. As to any approved subcontractors, Consultant shall be solely responsible for
reimbursing them, and City shall have no obligation to them.
G. Responsibility of Consultant and Indemnification of City. Consultant covenants
and agrees to take and assume all responsibility for the Work rendered in connection with this
Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or
City on account of the performance or character of the Work rendered pursuant to this Agreement.
Consultant shall defend, indemnify and hold harmless City and City’s elected and appointed
officials, officers, boards, commissions, employees, representatives, consultants, servants, agents,
attorneys and volunteers (individually an “Indemnified Party” and collectively “Indemnified
Parties”) from and against any and all claims, suits, actions, judgments, injuries, damages, losses,
costs, expenses and liability of any kind whatsoever, including but not limited to attorney’s fees
and costs of defense (“Liabilities”), which may arise from or be the result of an alleged willful,
negligent or tortious act or omission arising out of the Work, performance of contracted services,
or operations by Consultant, any subcontractor, anyone directly or indirectly employed by
Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor
may be liable, regardless of whether or not the act or omission is caused in part by a party
indemnified hereunder; provided that this indemnity obligation shall only apply to the extent
Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful
conduct of the Consultant or other persons employed or utilized by the Consultant in the
performance of this Agreement. This indemnity obligation shall not be construed to negate,
abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise
exist as to any party or person described in this provision.
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In any and all claims against an Indemnified Party, by any employee of Consultant, its
subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone
for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth
in this provision shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for Consultant or any subcontractor under
workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts.
This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive
expiration or termination of this Agreement, provided that the claims are based upon or arise out
of actions or omissions that occurred during the performance of this Agreement.
H. Independent Contractor. Consultant hereby covenants and declares that it is
engaged in an independent business and agrees to perform the Work as an independent contractor
and not as the agent or employee of City. Nothing in this Agreement shall be construed to make
Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of
City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the
time and place the Work is performed and the method used to perform such Work; the
instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of
consultants, agents or employees to complete the Work; and the payment of employees, including
benefits and compliance with Social Security, withholding and all other regulations governing
such matters. Consultant agrees to be solely responsible for its own acts and those of its
subordinates, employees, and subcontractors during the life of this Agreement. There shall be no
contractual relationship between any subcontractor or supplier and City by virtue of this
Agreement with Consultant. Any provisions of this Agreement that may appear to give City the
right to direct Consultant as to the details of the services to be performed by Consultant or to
exercise a measure of control over such services will be deemed to mean that Consultant shall
follow the directions of City with regard to the results of such services only. It is further
understood that this Agreement is not exclusive, and City may hire additional entities to perform
the Work related to this Agreement.
Inasmuch as City and Consultant are independent of each other, neither has the authority
to bind the other to any third person or otherwise to act in any way as the representative of the
other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant
agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee
of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then
only for the limited purpose stated in such authorization. Consultant shall assume full liability for
any contracts or agreements Consultant enters into on behalf of City without the express
knowledge and prior written consent of City.
I. Insurance.
(1) Requirements: Consultant shall have and maintain in full force and effect
for the duration of this Agreement, insurance insuring against claims for
injuries to persons or damages to property which may arise from or in
connection with the performance of the Work by Consultant, its agents,
representatives, employees or subcontractors. All policies shall be subject
to approval by City as to form and content. These requirements are subject
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to amendment or waiver if so approved in writing by the City Manager.
(2) Minimum Limits of Insurance: Consultant shall maintain the following
insurance policies with coverage and limits no less than:
(a) Commercial General Liability coverage of at least $1,000,000 (one
million dollars) combined single limit per occurrence and
$2,000,000 (two million dollars) aggregate for comprehensive
coverage including for bodily and personal injury, sickness, disease
or death, injury to or destruction of property, including loss of use
resulting therefrom.
(b) Commercial Automobile Liability (owned, non-owned, hired)
coverage of at least $1,000,000 (one million dollars) combined
single limit per occurrence for comprehensive coverage including
bodily and personal injury, sickness, disease or death, injury to or
destruction of property, including loss of use resulting therefrom.
(c) Professional Liability of at least $1,000,000 (one million dollars) per
occurrence, $2,000,000 (two million dollars) annual aggregate for
claims arising out of professional services and caused by
Consultant’s errors, omissions, or negligent acts.
(d) Workers’ Compensation limits as required by the State of Georgia
and Employers’ Liability limits of $1,000,000 (one million dollars)
per occurrence or disease.
(e) Commercial Umbrella Liability Coverage: $ ___N/A__ per
occurrence shall be provided and will apply over all liability
policies, without exception, including but not limited to Commercial
General Liability, Commercial Automobile Liability, Employers’
Liability, and Professional Liability.
(3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured
retentions must be declared to and approved by City in writing so that City
may ensure the financial solvency of Consultant; self-insured retentions
should be included on the certificate of insurance.
(4) Other Insurance Provisions: Each policy shall contain, or be endorsed to
contain, the following provisions respectively:
(a) General Liability, Automobile Liability and (if applicable) Umbrella
Liability Coverage.
(i) Additional Insured Requirement. City and City’s elected
and appointed officials, officers, boards, commissioners,
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employees, representatives, consultants, servants, agents and
volunteers (individually “Insured Party” and collectively
“Insured Parties”) shall be named as additional insureds as
respects: liability arising out of activities performed by or on
behalf of Consultant; products and completed operations of
Consultant; premises owned, leased, or used by Consultant;
automobiles owned, leased, hired, or borrowed by
Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the Insured Parties.
Nothing contained in this section shall be construed to
require the Consultant to provide liability insurance
coverage to any Insured Party for claims asserted against
such Insured Party for its sole negligence.
(ii) Primary Insurance Requirement. Consultant’s insurance
coverage shall be primary noncontributing insurance as
respects to any other insurance or self-insurance available to
the Insured Parties. Any insurance or self-insurance
maintained by the Insured Parties shall be in excess of
Consultant’s insurance and shall not contribute with it.
(iii) Reporting Requirement. Any failure to comply with
reporting provisions of the policies shall not affect coverage
provided to the Insured Parties.
(iv) Separate Coverage. Coverage shall state that Consultant’s
insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect
to limits of insurance provided.
(v) Defense Costs/Cross Liability. Coverage shall be
provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. There shall be no cross
liability exclusion.
(vi) Subrogation. The insurer shall agree to waive all rights of
subrogation against the Insured Parties for losses arising
from Work performed by Consultant for City.
(vii) Contractual Liability. Policies shall include an endorsement
incorporating the indemnification obligations assumed by
Consultant under the terms of this Agreement.
(b) Workers’ Compensation Coverage. The insurer providing Workers’
Compensation Coverage will agree to waive all rights of
subrogation against the Insured Parties for losses arising from Work
9
performed by Consultant for City.
(c) All Coverages.
(i) Notice Requirement. Each insurance policy required by
this Agreement shall be endorsed to state that coverage shall
not be suspended, voided, or canceled except after thirty (30)
calendar days prior written notice (or 10 calendar days if due
to non-payment) has been given to City. City reserves the
right to accept alternate notice terms and provisions,
provided they meet the minimum requirements under
Georgia law.
(ii) Starting and Ending Dates. Policies shall have concurrent
starting and ending dates.
(5) Acceptability of Insurers: The insurance to be maintained by Consultant
must be issued by a company licensed or approved by the Insurance
Commissioner to transact business in the State of Georgia. Such insurance
policies shall be placed with insurer(s) with an A.M. Best Policyholder’s
rate of no less than “A-” and with a financial rating of Class VII or greater.
The Consultant shall be responsible for any delay resulting from the failure
of its insurer to provide proof of coverage in the proscribed form.
(6) Verification of Coverage: Consultant shall furnish to City for City approval
certificates of insurance and endorsements to the policies evidencing all
coverage required by this Agreement prior to the start of work. Without
limiting the general scope of this requirement, Consultant is specifically
required to provide an endorsement naming City as an additional insured
when required. The certificates of insurance and endorsements for each
insurance policy are to be on a form utilized by Consultant’s insurer in its
normal course of business and are to be signed by a person authorized by
that insurer to bind coverage on its behalf, unless alternate sufficient
evidence of their validity and incorporation into the policy is provided. City
reserves the right to require complete, certified copies of all required
insurance policies at any time. Consultant shall provide proof that any
expiring coverage has been renewed or replaced prior to the expiration of
the coverage.
(7) Subcontractors: Consultant shall either (1) ensure that its insurance policies
(as described herein) cover all subcontractors and the Work performed by
such subcontractors or (2) ensure that any subcontractor secures separate
policies covering that subcontractor and its Work. All coverage for
subcontractors shall be subject to all of the requirements stated in this
Agreement, including, but not limited to, naming the Insured Parties as
additional insureds.
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(8) Claims-Made Policies: Consultant shall extend any claims-made insurance
policy for at least six (6) years after termination or final payment under the
Agreement, whichever is later, and have an effective date which is on or
prior to the Effective Date.
(9) City as Additional Insured and Loss Payee: City shall be named as an
additional insured and loss payee on all policies required by this Agreement,
except City need not be named as an additional insured and loss payee on
any Professional Liability policy or Workers’ Compensation policy.
(10) Progress Payments: The making of progress payments to Consultant shall
not be construed as relieving Consultant or its subcontractors or insurance
carriers from providing the coverage required in this Agreement.
J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant
to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services
unless:
(1) Consultant shall provide evidence on City-provided forms, attached hereto
as Exhibits “D” and “E” (affidavits regarding compliance with the E-
Verify program to be sworn under oath under criminal penalty of false
swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s
subcontractors have registered with, are authorized to use and use the
federal work authorization program commonly known as E-Verify, or any
subsequent replacement program, in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 13-10-91, and that they
will continue to use the federal work authorization program throughout the
contract period, or
(2) Consultant provides evidence that it is not required to provide an affidavit
because it is an individual (not a company) licensed pursuant to Title 26 or
Title 43 or by the State Bar of Georgia and is in good standing.
Consultant hereby verifies that it has, prior to executing this Agreement, executed a
notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to
City or provided City with evidence that it is an individual not required to provide such an affidavit
because it is licensed and in good standing as noted in sub-subsection (2) above. Further,
Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and
Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor
Rule 300-10-1-.02.
In the event Consultant employs or contracts with any subcontractor(s) in connection with
the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the
subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the
subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as
11
Exhibit “E”, which subcontractor affidavit shall become part of the Consultant/subcontractor
agreement, or evidence that the subcontractor is not required to provide such an affidavit because
it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a
subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within
five (5) business days of receipt from any subcontractor.
Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the
City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and
Consultant’s subcontractors’ verification process at any time to determine that the verification was
correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and
records of their respective verification process for a period of five (5) years following completion
of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A.
§ 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic
inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized
aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s
subcontractors agree to cooperate with any such investigation by making their records and
personnel available upon reasonable notice for inspection and questioning. Where Consultant or
Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager
or his/her designee may report same to the Department of Homeland Security. Consultant’s failure
to cooperate with the investigation may be sanctioned by termination of the Agreement, and
Consultant shall be liable for all damages and delays occasioned by City thereby.
Consultant agrees that the employee-number category designated below is applicable to
Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A.
§ 13-10-91.]
____ 500 or more employees.
____ 100 or more employees.
____ Fewer than 100 employees.
Consultant hereby agrees that, in the event Consultant employs or contracts with any
subcontractor(s) in connection with this Agreement and where the subcontractor is required to
provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the
subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is
applicable to the subcontractor.
The above requirements shall be in addition to the requirements of state and federal law,
and shall be construed to be in conformity with those laws.
K. Records, Reports and Audits.
(1) Records:
(a) Books, records, documents, account legers, data bases, and similar
12
materials relating to the Work performed for City under this
Agreement (“Records”) shall be established and maintained by
Consultant in accordance with applicable law and requirements
prescribed by City with respect to all matters covered by this
Agreement. Except as otherwise authorized or required, such
Records shall be maintained for at least three (3) years from the date
that final payment is made to Consultant by City under this
Agreement. Furthermore, Records that are the subject of audit
findings shall be retained for three (3) years or until such audit
findings have been resolved, whichever is later.
(b) All costs claimed or anticipated to be incurred in the performance of
this Agreement shall be supported by properly executed payrolls,
time records, invoices, contracts, or vouchers, or other official
documentation evidencing in proper detail the nature and propriety
of the charges. All checks, payrolls, invoices, contracts, vouchers,
orders or other accounting documents pertaining in whole or in part
to this Agreement shall be clearly identified and readily accessible.
(2) Reports and Information: Upon request, Consultant shall furnish to City
any and all Records in the form requested by City. All Records provided
electronically must be in a format compatible with City’s computer systems
and software.
(3) Audits and Inspections: At any time during normal business hours and as
often as City may deem necessary, Consultant shall make available to City
or City’s representative(s) for examination all Records. Consultant will
permit City or City’s representative(s) to audit, examine, and make excerpts
or transcripts from such Records. Consultant shall provide proper facilities
for City or City’s representative(s) to access and inspect the Records, or, at
the request of City, shall make the Records available for inspection at City’s
office. Further, Consultant shall permit City or City’s representative(s) to
observe and inspect any or all of Consultant’s facilities and activities during
normal hours of business for the purpose of evaluating Consultant’s
compliance with the terms of this Agreement. In such instances, City or
City’s representative(s) shall not interfere with or disrupt such activities.
L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in
any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any
other similar law or regulation. Consultant certifies that to the best of its knowledge no
circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant
become aware of any circumstances that may cause a conflict of interest during the Term of this
Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest
exists, City may require that Consultant take action to remedy the conflict of interest or terminate the
Agreement without liability. City shall have the right to recover any fees paid for services rendered
by Consultant when such services were performed while a conflict of interest existed if Consultant
13
had knowledge of the conflict of interest and did not notify City within five (5) business days of
becoming aware of the existence of the conflict of interest.
Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree
to give any City employee or official, or for any City employee or official to solicit, demand,
accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or
an offer of employment in connection with any decision, approval, disapproval, recommendation,
or preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering of advice, investigation, auditing, or in
any other advisory capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to any program requirement or a
contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further
acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by
or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-
consultant, or any person associated therewith, as an inducement for the award of a subcontract or
order.
M. Confidentiality. Consultant acknowledges that it may receive confidential
information of City and that it will protect the confidentiality of any such confidential information
and will require any of its subcontractors, consultants, and/or staff to likewise protect such
confidential information. Consultant agrees that confidential information it learns or receives or
such reports, information, opinions or conclusions that Consultant creates under this Agreement
shall not be made available to, or discussed with, any individual or organization, including the
news media, without prior written approval of City. Consultant shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information whether
specifically deemed confidential or not.
Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s
Open Records Act, and Consultant further acknowledges that if Consultant submits records
containing trade secret information, and if Consultant wishes to keep such records confidential,
Consultant must submit and attach to such records an affidavit affirmatively declaring that specific
information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10,
and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto.
N. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto,
are necessary for the successful completion of the Work due to their unique expertise and depth
and breadth of experience. There shall be no change in Consultant’s Project Manager or members
of the Project team, as listed in Exhibit “F”, without written approval of City. Consultant
recognizes that the composition of this team was instrumental in City’s decision to award the Work
to Consultant and that compelling reasons for substituting these individuals must be demonstrated
for City’s consent to be granted. Any substitutes shall be persons of comparable or superior
expertise and experience. Failure to comply with the provisions of this paragraph shall constitute
a material breach of Consultant’s obligations under this Agreement and shall be grounds for
termination.
O. Meetings. Consultant is required to meet with City’s personnel, or designated
14
representatives, to resolve technical or contractual problems that may occur during the Term of
this Agreement at no additional cost to City. Meetings will occur as problems arise and will be
coordinated by City. City shall inform Consultant’s Representative of the need for a meeting and
of the date, time and location of the meeting at least three (3) full business days prior to the date
of the meeting. Face-to-face meetings are desired. However, at Consultant’s option and expense,
a conference call meeting may be substituted. Consistent failure to participate in problem
resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good
faith effort to resolve problems, may result in termination of this Agreement for cause.
P. Authority to Contract. The individual executing this Agreement on behalf of
Consultant covenants and declares that it has obtained all necessary approvals of Consultant’s
board of directors, stockholders, general partners, limited partners or similar authorities to
simultaneously execute and bind Consultant to the terms of this Agreement, if applicable.
Q. Ownership of Work. All reports, designs, drawings, plans, specifications,
schedules, work product and other materials, including, but not limited to, those in electronic form,
prepared or in the process of being prepared for the Work to be performed by Consultant
(“Materials”) shall be the property of City, and City shall be entitled to full access and copies of
all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant
or subcontractor upon completion or termination of the Work shall be delivered immediately to
City whether or not the Project or Work is commenced or completed; provided, however, that
Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of
loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed
before final delivery to City, Consultant shall replace them at its own expense. Any and all
copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to
execute any additional documents that may be necessary to evidence such assignment.
R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964,
as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended,
42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132,
and all other provisions of Federal law, Consultant agrees that, during performance of this
Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate
against any employee or applicant for employment, any subcontractor, or any supplier because of
race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to
comply with all applicable implementing regulations and shall include the provisions of this
paragraph in every subcontract for services contemplated under this Agreement.
V. COVENANTS OF CITY
A. Right of Entry. City shall provide for right of entry for Consultant and all
necessary equipment as required for Consultant to complete the Work; provided that Consultant
shall not unreasonably encumber the Project site(s) with materials or equipment.
B. City’s Representative. Stacey Inglis, shall be authorized to act on City’s behalf
with respect to the Work as City’s designated representative on this Project.
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VI. TERMINATION
A. For Convenience. City may terminate this Agreement for convenience at any time
upon providing written notice thereof at least seven (7) calendar days in advance of the termination
date.
B. For Cause. Consultant shall have no right to terminate this Agreement prior to
completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30)
calendar days of Consultant providing City with notice of a delinquent payment and an opportunity
to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this
Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of
its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure
the breach or default within that seven (7) day period, or otherwise remedy the breach or default to
the 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 Consultant for the costs of
curing the default against any sums due or which become due to Consultant under this Agreement;
and/or (c) pursue any other remedy then available, at law or in equity, to City for such default.
C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement
shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall
terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds
are no longer available to satisfy the obligation of City.
D. Payment Upon Termination. Upon termination, City shall provide for payment
to Consultant for services rendered and, where authorized, expenses incurred prior to the
termination date; provided that, where this Agreement is terminated for cause, City may deduct
from such payment any portion of the cost for City to complete (or hire someone to complete) the
Work, as determined at the time of termination, not otherwise covered by the remaining unpaid
Contract Price.
E. Conversion to Termination for Convenience. If City terminates this Agreement
for cause and it is later determined that City did not have grounds to do so, the termination will be
converted to and treated as a termination for convenience under the terms of Section VI(A) above.
F. Requirements Upon Termination. Upon termination, Consultant shall: (1)
promptly discontinue all services, cancel as many outstanding obligations as possible, and not
incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all
data, drawings, reports, summaries, and such other information and materials as may have been
generated or used by Consultant in performing this Agreement, whether completed or in process,
in the form specified by City.
G. Reservation of Rights and Remedies. The rights and remedies of City and
Consultant provided in this Article are in addition to any other rights and remedies provided under
this Agreement or at law or in equity.
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VII. MISCELLANEOUS
A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the
complete agreement between the Parties and supersedes any and all other agreements, either oral
or in writing, between the Parties with respect to the subject matter of this Agreement. No other
agreement, statement or promise relating to the subject matter of this Agreement not contained in
this Agreement shall be valid or binding. This Agreement may be modified or amended only by a
written 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 Consultant submits to
the jurisdiction and venue of such court.
D. Captions and Severability. All headings herein are intended for convenience and
ease of reference purposes only and in no way define, limit or describe the scope or intent thereof,
or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of
this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of
competent jurisdiction, the offending portion of the Agreement should be severed, and the
remainder of this Agreement shall remain in full force and effect to the extent possible as if this
Agreement had been executed with the invalid portion hereof eliminated, it being the intention of
the Parties that they would have executed the remaining portion of this Agreement without
including any such part, parts, or portions that may for any reason be hereafter declared in valid.
E. Business License. Prior to commencement of the Work to be provided hereunder,
Consultant shall apply to City for a business license, pay the applicable business license fee, and
maintain said business license during the Term of this Agreement, unless Consultant provides
evidence that no such license is required.
F. Notices.
(1) Communications Relating to Day-to-Day Activities. All
communications relating to the day-to-day activities of the Work shall be
exchanged between City’s Representative (named above) for City and
Consultant’s Representative (named above) for Consultant.
(2) Official Notices. All other notices, requests, demands, writings, or
correspondence, as required by this Agreement, shall be in writing and shall
be deemed received, and shall be effective, when: (1) personally delivered,
17
or (2) on the third day after the postmark date when mailed by certified mail,
postage prepaid, return receipt requested, or (3) upon actual delivery when
sent via national overnight commercial carrier to the Party at the address
given below, or at a substitute address previously furnished to the other
Party by written notice in accordance herewith.
NOTICE TO CITY shall be sent to:
City Manager
City of Milton, Georgia
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO CONSULTANT shall be sent to:
InterDev, LLC
2650 Holcomb Bridge Rd
Suite 310
Alpharetta, GA 30022
G. Waiver of Agreement. No failure by City to enforce any right or power granted
under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and
no custom or practice of City at variance with the terms and conditions of this Agreement shall
constitute a general waiver of any future breach or default or affect City’s right to demand exact
and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no
express waiver shall affect any Term or condition other than the one specified in such waiver, and
that one only for the time and manner specifically stated.
H. Survival. All sections of this Agreement which by their nature should survive
termination will survive termination, including, without limitation, confidentiality obligations and
insurance maintenance requirements.
I. No Third 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, consultants, servants, agents, attorneys or
volunteers. No such individual shall be personally liable to Consultant or any successor in interest
in the event of any default or breach by City or for any amount which may become due to
18
Consultant or successor or on any obligation under the terms of this Agreement. Likewise,
Consultant’s performance of services under this Agreement shall not subject Consultant’s
individual employees, officers, or directors to any personal contractual liability, except where
Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor,
their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed
and/or asserted only against Consultant or City, respectively, and not against any elected or
appointed official, officers, boards, commissions, employees, representatives, consultants,
servants, agents, attorneys and volunteers.
L. Counterparts; Agreement Construction and Interpretation. This
Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, but all of which taken together shall constitute one and the same instrument. Consultant
represents that it has reviewed and become familiar with this Agreement and has notified City of
any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this
Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The
Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this
Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed
against a Party because it was responsible for drafting one or more provisions of the Agreement.
In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and
articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement
and appears in another is not intended to affect the interpretation of either statement. Words or
terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless
the context of their usage clearly requires contrary meaning.
M. Force Majeure. Neither City nor Consultant shall be liable for its respective non-
negligent or non-willful failure to perform or shall be deemed in default with respect to the failure
to perform (or cure a failure to perform) any of its respective duties or obligations under this
Agreement or for any delay in such performance due to: (i) any cause beyond its respective
reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or
regulations rendering the performance of any portion of this Agreement legally impossible; (iv)
earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes
by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental
or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot,
insurrection or invasion. In such event, the time for performance shall be extended by an amount
of time equal to the period of delay caused by such acts, and all other obligations shall remain
intact.
N. Material Condition. Each term of this Agreement is material, and Consultant’s
breach of any term of this Agreement shall be considered a material breach of the entire Agreement
and shall be grounds for termination or exercise of any other remedies available to City at law or
in equity.
IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective
as of the Effective Date first above written.
[SIGNATURES ON FOLLOWING PAGE]
19
CONSULTANT: InterDev, LLC
Signature: ___________________________________
Print Name: _____________________________
Title: [CIRCLE ONE]
Member/Manager (LLC)
Attest/Witness:
Signature: _______________________________
Print Name: _____________________________
Title: __________________________________
CITY OF MILTON, GEORGIA
________________________________________
By: Joe Lockwood, Mayor
[CITY SEAL]
Attest:
Signature: ________________________________
Print Name: ______________________________
Title: City Clerk
Approved as to form:
_______________________________
City Attorney
EXHIBIT “A”
CITY OF MILTON REQUEST FOR PROPOSALS
(THIS IS NOT AN ORDER)
RFP Number:
18-IT01
RFP Title:
Comprehensive Managed Services for IT and GIS
Due Date and Time:
August 28, 2018 @ 2:00 PM Local Time Number of Pages: 50
ISSUING DEPARTMENT INFORMATION
Issue Date: Aug 9, 2018
City of Milton
IT Department
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2500
Fax: n/a
Website: www.cityofmiltonga.us
INSTRUCTIONS TO VENDOR
Return Proposal to:
City of Milton
Finance Department
Attn: Honor Motes, Procurement Manager
2006 Heritage Walk
Milton, GA 30004
Mark Face of Envelope/Package:
RFP Number: 18-IT01
(Name of Company or Firm)
Special Instructions:
Deadline for Written Questions
August 20, 2018
Email questions to Honor Motes at
honor.motes@cityofmiltonga.us
IMPORTANT: SEE STANDARD TERMS AND CONDITIONS
VENDORS MUST COMPLETE THE FOLLOWING
Vendor Name/Address:
Authorized Vendor Signatory:
(Please print name and sign in ink)
Vendor Phone Number: Vendor FAX Number:
Vendor Federal I.D. Number: Vendor E-mail Address:
VENDORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
Table of Contents
Topic Page
Invitation to Bid
2 | RFP 18-IT01
TABLE OF CONTENTS
Offeror’s RFP Checklist
Disclosure Form
Proposal Letter
Contractor Affidavit and Agreement (eVerify)
Schedule of Events
Section 1: Project Overview and Instructions
Section 2: RFP Standard Information
Section 3: Scope of Work
Section 4: Vendor Qualifications
Section 5: Cost Proposal
Section 6: Evaluation Criteria
Section 7: Standard Contract Information
Appendix A: Network Diagram
Appendix B: Sample Standard Contract
3 | RFP 18-IT01
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 City’s
website at http://www.cityofmiltonga.us will include all questions asked and answered concerning
the RFP.
5._______Follow the format required in the RFP when preparing your response. Provide point-by-
point responses to all sections in a clear and concise manner.
6._______ Provide complete answers/descriptions. Read and answer all questions and
requirements. Don’t assume the City or evaluation committee will know what your company
capabilities are or what items/services you can provide, even if you have previously contracted
with the City. The submittals are evaluated based solely on the information and materials provided
in your response.
7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc.
8. _______Check the website for RFP addenda. Before submitting your response, check the City
website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so,
you must submit a signed cover sheet for each addendum issued along with your RFP response.
9. _______Review and read the RFP document again to make sure that you have addressed all
requirements. Your original response and the requested copies must be identical and be
complete. The copies are provided to the evaluation committee members and will be used to
score your response.
10. _______Submit your response on time. Note all the dates and times listed in the Schedule of
Events and within the document, and be sure to submit all required items on time. Late submittal
responses are never accepted.
This checklist is provided for assistance only and should not be submitted with Vendor response.
4 | RFP 18-IT01
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 Vendor __________________________________________________
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:
Name Relation
________________________________ ___________________________________________
________________________________ ___________________________________________
5 | RFP 18-IT01
City of Milton
RFP# 18-IT01
PROPOSAL LETTER
MUST BE RETURNED WITH PROPOSAL
We propose to furnish and deliver any and all of the deliverables, services and fees
named in the Request for Proposal (18-IT01) Comprehensive Managed Services for IT
and GIS.
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______________________________Date_______________________
Print/Type Name______________________________________________________________
Print/Type Company Name Here_______________________________________________
6 | RFP 18-IT01
CONTRACTOR AFFIDAVIT AND AGREEMENT
MUST BE RETURNED WITH PROPOSAL
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
Comprehensive Managed Services for IT
and GIS
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury
that the foregoing is true and correct.
Executed on ______ ___, 201__
in __________________(city), ______(state).
_________________________________________
Signature of Authorized Officer or Agent
_________________________________________
Printed Name and Title of Authorized Officer
or Agent
SUBSCRIBED AND SWORN BEFORE ME ON
THIS THE ______ DAY OF ______________,201__.
_________________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires: ____________________
7 | RFP 18-IT01
SCHEDULE OF EVENTS
Task Date
Issue RFP August 9, 2018
Deadline for Questions August 20, 2018 by 5:00 p.m. EST
Answers Posted by the City
(Addendum) On or about, August 23, 2018
Proposals Due By 2:00 p.m. EST on August 28, 2018
Interview Firms (if necessary) Week of September 10, 2018
(proposed)
Award Contract October 8, 2018 (proposed)
NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR
ADDENDA AND SCHEDULE UPDATES.
8 | RFP 18-IT01
SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS
1.0 BACKGROUND AND STATEMENT OF INTENT
The City of Milton provides municipal services for approximately 38,000 citizens that
include Police, Fire, Public Works and Community Development over 36 square
miles. To support these efforts the City is requesting proposals from qualified
Managed Services Providers to supplement the IT and GIS departments in their
work for the City of Milton and its employees.
For the past several years, the City has contracted with a third-party Managed
Services Provider (MSP) for virtual CIO services and general help-desk support to
supplement the in-house IT Manager. Project hours and additional IT services are
contracted on an as-needed, temporary basis.
GIS services are performed by one full-time GIS Manager with no additional
support provided by third-party firm.
The winning bidder will serve as the IT and GIS strategic adviser and CIO to city
staff, provide project assistance, and provide day-to-day help desk support as
directed by management. Upon a successful bid process, a single Vendor will be
selected to provide comprehensive IT and GIS Managed Services to the City over
a period of five years, beginning with a transition period from October 1, 2018 to
December 31, 2018, and then continuing normal operations through the end of
the five-year contract. The contract is subject to an annual review, the
concurrence of the City Council and the annual availability of appropriations.
1.1 SINGLE POINT OF CONTACT
From the date this Request for Proposals (RFP) is issued until a vendor is
selected, vendors 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 will disqualify the vendor from further consideration.
Contact information for the single point of contact is as follows:
Procurement Office: Honor Motes, Procurement Manager
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.
Vendors 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
9 | RFP 18-IT01
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.
Vendors 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 August 20, 2018. Each
question must provide clear reference to the section, page, and item in
question. Questions received after the deadline may not be considered.
C. City’s Answers.
The City will provide an official written answer to all questions on or about August
23, 2018. The City's response will be by formal written addendum. Any other
form of interpretation, correction, or change to this RFP will not be binding upon
the City. Any formal written addendum will be posted alongside the posting of
the RFP at http://www.cityofmiltonga.us. Vendors must sign and return any
addendum with their RFP response.
D. Standard Contract.
By submitting a response to this RFP, Vendor 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 Vendor’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 Vendor’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 Vendor
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 Vendors submitting a response to this RFP.
E. Mandatory Requirements.
To be eligible for consideration, a Vendor must meet the intent of all mandatory
requirements. The City will determine whether a Vendor’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
10 | RFP 18-IT01
1.4 SUBMITTING PROPOSALS
Vendors must organize their proposal into sections that follow the following
format. This RFP is for one proposal that includes all potential phases of this
project.
A. Submittal Requirements.
a. 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) City of Milton Contractor Affidavit and Agreement (e-Verify)
5) Technical Proposal (See Section 3)
b. Proposals shall be:
1) No more than twenty (20) single-sided pages (10 pages if double-
sided)
2) Minimum of 11 point font
3) Stapled or spiral-bound, no binders
c. Proposals shall contain:
1) Table of Contents
2) Company History: Provide a brief overview of your company,
including the number of years in business, background, and history.
3) Project Team: Provide a list of key team members who will be
assigned to the City on an ongoing basis, including field
representatives. Specify the roles and responsibilities of each person,
office locations, years of service with your organization and within the
industry, other clients served, and any professional designations and
licenses. Indicate if any of the individuals are contractors or agents
that are not employees of your firm.
4) Experience and References: Include the firm’s experience in
providing services such as those described in Section 3 of this RFP.
Provide a summary of at least three projects/clients with services of a
similar nature within the last three years. Include references with
names, phone numbers and team members involved.
5) Project Understanding and Proposed Services: Describe the firm’s
understanding of the objectives. Describe the proposed services and
how they will meet the described needs and requirements identified
in Section 3.
6) Work Plan: Provide an anticipated project schedule to migrate the
City’s current Managed Services solution from a cloud-based solution
to a premise-based solution. The proposed timeline should describe
the necessary actions, responsible parties and target completion
dates. Key action items for consideration are listed below:
i. Reconfigure Active Directory as needed for the migration
ii. Migrate four virtual servers from the current MSP’s data center
11 | RFP 18-IT01
to the City’s in-house data center
iii. Application migration (Tyler financials software, SQL, Firehouse)
iv. Deploy up to 100 client workstations (including backups of local
hard drives, as needed)
v. Move all city data from the current MSP’s data center to a
local repository
vi. Modify/configure local VLANs to work with the new network
infrastructure
7) Methodolgy/Operations: The proposal should address the following:
i. Provide detailed explanations of the services that are
included in the standard support model
ii. Provide detailed explanations of the services that would incur
additional charges beyond the standard support model
iii. Provide Service Level Agreements (SLA) for all types of
support. A financially backed SLA is preferred.
iv. Describe the support model for regular business hours and
non-business hours. Include standard hours of operation,
support tiers, and average response times.
v. Disclose the name of the system that manages the firm’s help
desk/work order support
vi. Describe your firm’s policies, procedures, data encryption,
and technical measures to prevent unauthorized access or
alteration, fraud, theft, misuse, or physical damage to
hardware, software, communications, networks and data.
8) Proposed Fee Structure (See Section 5)
9) Applicable Addenda Acknowledgement Forms (if necessary)
Vendors must organize their proposal into sections that follow the format of
Section 1.4 and Section 5.0.
B. Failure to Comply with Instructions.
Vendors failing to comply with these instructions may be subject to point
deductions. The City may also choose to not evaluate, may deem non -
responsive, and/or may disqualify from further consideration any
qualifications that do not follow this RFP format, are difficult to
understand, are difficult to read, or are missing any requested information.
C. Copies Required and Deadline for Receipt of Proposals.
One original and five (5) copies of each submittal (plus a CD or flash drive)
should be provided to the City. Proposals must be received by the
Finance Department in City Hall prior to 2:00 PM, local time, August 28,
2018. Emailed responses to requests for proposals are not acceptable.
Proposals will be opened at approximately 2:05 p.m. and names of Vendors
will be announced.
12 | RFP 18-IT01
*Important to remember when submitting digital files:
a. Mark all CD’s or Flash Drives with Offeror’s name and RFP number and
title.
b. All digital files must be in either (unless otherwise specified within
this document):
1. Microsoft Office file format or
2. Portable Document Format (PDF)
c. Use caution in creating the electronic files. If the City is unable to
open files due to data-corruption, password or encryption error,
etc., the Offeror’s proposal may be considered incomplete.
d. 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
Vendor’s sole risk to assure delivery to the Purchasing Office at Milton City
Hall by the designated time. Late proposals will not be opened and may
be returned to the Vendor at the expense of the Vendor or destroyed if
requested.
1.5 VENDOR'S CERTIFICATION
By submitting a response to this RFP, Vendor 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 Vendor. The City is not liable for any expense
incurred by the Vendor in the preparation and presentation of their
proposals.
B. All 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 Vendor resulting from this RFP process.
13 | RFP 18-IT01
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 Vendors. 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 Vendor;
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:
a. Confidential information is clearly marked and separated from the
rest of the submittal.
b. An affidavit from a Vendor’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. Vendors 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.
14 | RFP 18-IT01
2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS
A. Initial Classification of Proposals as Responsive or Nonresponsive.
Proposals may be found nonresponsive at any time during the
evaluation process or contract negotiation, if any of the required
information is not provided; the submitted price is found to be excessive
or inadequate as measured by criteria stated in the RFP; or the qualification
is not within the specifications described and required in the RFP. If a
qualification is found to be nonresponsive, it will not be considered further.
B. Determination of Responsibility.
The procurement office will determine if a Vendor 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 Vendor
or, if necessary, to seek discussion/negotiation in order to determine the
highest scoring Vendor. 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 Vendor’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
Vendors 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 Vendor 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 Vendors should
clarification or negotiation be necessary. Vendors may also be required to
make an oral presentation and/or product demonstration to c larify their
RFP response or to further define their offer. In either case, Vendors should be
prepared to send qualified personnel to Milton, Georgia to discuss
15 | RFP 18-IT01
technical and contractual aspects of the submittal. Oral presentations
and product demonstrations, if requested, shall be at the Vendor’s expense.
F. Evaluation Committee Recommendation for Contract Award.
The evaluation committee will provide a written recommendation for
contract award.
G. Request for Documents Notice.
Upon concurrence with the evaluation committee’s recommendation
for contract award, the procurement officer may issue a “Request for
Documents Notice” to the highest scoring Vendor to obtain the required
insurance documents, contract performance security, and any other
necessary documents. Receipt of the “Request for Documents Notice”
does not constitute a contract and no work may begin until a contract
signed by all parties is in place.
H. Contract Negotiation.
The procurement officer and/or city department representatives may
begin contract negotiation with the responsive and responsible Vendor
whose submittal achieves the highest score and is, therefore, the most
advantageous to the City. If contrac t negotiation is unsuccessful or the
highest scoring Vendor 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 Vendor.
I. Contract Award.
Contract award, if any, will be made to the highest scoring Vendor
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:
a. Modify, cancel or terminate this RFP,
b. Reject any or all proposals received in response to this RFP,
c. Select a Vendor without holding interviews,
d. Waive any undesirable, inconsequential, or inconsistent provisions of this
RFP which would not have significant impact on any submittal,
e. To request further documentation or information, and to discuss a RFP
submittal for any purpose in order to answer questions or to provide
16 | RFP 18-IT01
clarification,
f. Award a portion of this RFP or not award any portion of this RFP if it is in the
best interest of the City not to proceed with contract execution; or
g. If awarded, terminate any contract in accordance with the terms and
conditions of the contract if the City determines adequate funds are not
available.
SECTION 3: SCOPE OF WORK
3.0 GENERAL INFORMATION
This section of the RFP documents services that are important to the City of Milton.
The itemized services are not all inclusive, but are provided to help define the
comprehensive managed IT and GIS services that are of value to the City. Within
your proposal, you should identify and explain all services that may be of benefit
to the City. There may be services not listed within this scope of work that prove to
be the most valuable. For informational purposes, an inventory of our current
environment is included below:
A. Inventory of Current System.
a. 16 servers owned by the City(Windows 2008 R2, 2012 R2, 2016 Std)
b. 1 Linux-based server
c. 12 network switches (Cisco and HP)
d. 185 desktop/laptop computers (85 of which are owned by the current
MSP)
e. Approximately 55 printers (32 networked, 15 In-car printers, and 8 local
printers)
f. Approximately 115 SIP phones and 30 POTS lines
g. VPN server with 80 connections available
h. 6 VLANs
i. 7 business-class internet circuits, 3 point-point circuits, and 3 consumer-
class internet circuits
j. Sites supported by IT include:
a. City Hall
b. Police HQ
c. Four Fire Stations
d. Alpharetta Police HQ (1 Server only)
e. Three public-use facilities (not on city network)
B. Basic Network Diagram.
See Appendix A for the City’s current network diagram.
3.1 NATURE OF SERVICES REQUIRED
A. IT Support.
17 | RFP 18-IT01
The City IT Department currently supports a user base of 180 accounts,
which includes full- and part-time employees, contractors, interns,
volunteers, and various non-user accounts. The Vendor will need to fully
support these accounts, with an emphasis on Police and Fire departments.
The following is a list of services that should be proposed in all bids:
a. Local and wide area network design, configuration and support
b. Wireless network design, configuration and support
c. Internet access and security
d. IT policy review and development
e. Life cycle management of all hardware units
f. Asset inventory management
g. Email infrastructure and support
h. Backup management, testing and reporting
i. Application management and support
1) Office 365 and local MS Office installations
2) Acrobat Suite of Products
3) Laserfiche
4) Tyler Incode and Tyler VX
5) ARCGIS
6) Meritage
7) Firehouse Web
8) OSSI/Superion (Public Safety CAD and RMS)
j. Vendor support and incident management liaison
k. Infrastructure support
l. Network and data security
m. Security planning and security program development
n. Disaster recovery and planning
o. On-site and remote client service (desktops, laptops, printers,
scanners, and other peripherals) including refresh and deployment
cycles
p. 24/7 system monitoring and response
q. Server management and support including VMware infrastructure
r. SAN - storage management and optimization
s. SQL database support
t. Public Safety mobile device support
u. VPN and IPSEC configuration and support
v. Support/operation of audio-visual equipment in council chamber
and throughout city hall
w. Technology Project Management
x. Change management
y. Work plan reporting – monthly status reporting with annual
accomplishment reports
z. Network vulnerability assessment (1-2 times per year)
aa. Annual technology plan updates
18 | RFP 18-IT01
B. GIS Support.
The GIS Department, housed within Public Works, supports all City
Departments through desktop applications, web applications, mobile
applications, and GIS database integration with other third party
software. The GIS Department also creates and serves public web
mapping applications to Milton’s citizens. The Vendor must support GIS
services for all City departments with a focus on providing online
interactive mapping and visualization tools using the ESRI product suite
for use by both internal City Staff and by the citizens of Milton. The GIS
Department has established the following priorities for this RFP:
a. GIS staff that understands and supports back end GIS operations;
ArcGIS Enterprise, IIS, SQL Server, server architecture, database
design, etc.
b. Implement existing GIS enterprise license agreement (ELA) to its
fullest potential:
1) Configuring and deploying latest version of ArcGIS Enterprise,
including Portal
2) Configuring and deploying GeoEvent Server and the
Spatiotemporal Big Data Store
3) Seamless integration with other City software, such as OSSI,
Laserfiche, and Hiperweb
4) Launch ArcGIS Online for internal and external users,
including an open data portal
5) Robust public facing web mapping applications
6) Increased internal awareness and adoption of GIS
technologies
c. Support deployment of mobile GIS applications such as Collector for
ArcGIS (e.g. Client Workstations or Tablets with GPS and Internet
access)
C. Project Support.
In addition to the move to a new Managed Services Provider, the City
has a number of upcoming IT projects that will need to be completed.
The Vendor must demonstrate the ability to support these and other
such projects on an ongoing basis:
a. MSP Implementation Phase: The City currently has a hybrid server
environment. There are 4 virtual servers in the current vendor’s data
center, 13 onsite servers (11 virtual, 2 physical). As part of the move to
a new Managed Service Provider, the City wishes to bring its server
infrastructure in-house. The Vendor will need to work closely with the
current MSP to ensure a smooth transition.
19 | RFP 18-IT01
b. Client Systems Replacement: Currently, end-users work in a mixture of
desktop environments. Some work entirely on virtual desktops (thin
clients), while others work entirely on standard clients. Some users work
in both virtual and local environments for their day-to-day tasks. As
part of the transition from the current MSP, the City plans to
consolidate its entire user base on a common platform of windows-
based client computers (no virtual desktops). There are currently
about 85 workstations that will need to be replaced under this project.
This will be done during the MSP Implementation Phase.
c. Networking Redesign: The current network environment has been
expanded over the last twelve years (since the city was
incorporated). This project will begin with a review of the current
infrastructure to see if changes are needed, and then implement the
approved changes. This may be done as part of the MSP
Implementation Phase or afterward.
d. Infrastructure Move: Related to the Networking Redesign project, the
City is also planning to move its infrastructure hub from Police
Headquarters to City Hall in 2018-2019. This will be the first phase in
moving from the PD’s temporary facility into a new, permanent facility
in 2020 (See New Public Safety Complex below). Part of this move will
include the relocation of the City’s primary bandwidth circuits to City
Hall.
e. Software Migration: The City’s current vendor manages the following
list of software applications used by the City. These need to be
migrated back to City control as part of the MSP Implementation
Phase:
1) Office365 with email - Management will need to be
transferred from the current vendor to City control (with the
Vendor authorized to support). This will include all secondary
features such as email security, backup, archiving, and
eDiscovery
2) Adobe Acrobat – The City will need approximately 20 new Pro
licenses, and ensure that the 2-3 existing Creative Cloud
licenses function properly on the new infrastructure.
Recommendations of local installs vs. Adobe Cloud licensing
are invited.
3) Tyler Incode – The City’s Tyler financial products are installed
on a virtual server in the current MSP’s data center. This will be
migrated to a local host at the City as part of the MSP
20 | RFP 18-IT01
Implementation Phase.
4) Firehouse – the Fire Department relies on the Firehouse Web
software, which is a virtual server hosted in the current MSP’s
data center. This will need to be migrated to a local host at
the City.
5) SQL Server – The current MSP hosts a virtual SQL server in their
data center. The databases on this server need to be
migrated to the existing prem-based SQL server, and the
associated applications will need to be redirected to the new
server.
f. Tyler Financials Replacement: Aside from the migration of this
software in the implementation phase, the City is also evaluating
alternative software solutions to replace Tyler financials at this time.
This will be a stand-alone project, beginning sometime in 2018-2019.
g. Firehouse Web Replacement: The City is also evaluating replacement
software for Firehouse Web, which will be another stand-alone project
sometime in 2018-2019.
h. Telephony Improvements: The City’s VOIP telephone system
(Shoretel) is eight years old, and needs replacement. Options for
replacement may be either Prem-Based or Hosted VOIP, depending
on the results of the cost/benefit analysis which is currently underway.
The Vendor will be responsible for deploying/maintaining whichever
solution is chosen.
i. New Public Safety Complex: The Police, Court and Fire Departments
are currently located in temporary facilities within the City. The City is
in the beginning phases of constructing a new Public Safety complex
that will become the headquarters for both departments. The City will
need project support as the two building designs are completed, as
well as need staffing during the move, which is expected to be
completed sometime in 2020.
NOTE: Regular IT and GIS staffing levels (whether full-time, part-time, or
provided in blocks of project hours) will be addressed with the Vendor.
Project staffing for individual projects will be negotiated separately on a
per-project basis.
3.2 REQUIRED CERTIFICATIONS
A. Required Staff Certifications.
The Vendor should have sufficient staff to support the City that possess
21 | RFP 18-IT01
minimum certifications. All personnel assigned by the Vendor will
conduct work based on ticket or task-order basis. Certifications shall
include, but not be limited to the following:
a. Government CIO Certification (GCIO)
b. CISSP Security Certification
c. PMI Certified PMP Project Management Staff
d. GIS Professional (GISP)
e. GIS ArcView and/or Esri (highly preferred)
f. Cisco Certified Network Professional (CCNP)
g. VMware Certified Professional
h. Microsoft Certified IT Professional or Solutions Expert
Any staff working with the Police and Court departments shall complete an
NCIC background check and GCIC Security Awareness Training in addition
to any requested City or State background checks.
B. Required Company Certifications.
The Vendor should also have corporate affiliations to include, but not
limited to:
a. Microsoft Partner
b. GIS ArcServer and/or Esri Product Suite
c. PMI Certified Project Management Professional (PMP) Project
Management Staff
3.3 MANAGEMENT SUPPORT SERVICES
All IT Vendor and City staff will be centrally managed utilizing a helpdesk/work
order system. Coverage for IT services will be provided during city operational
hours. Remote client access software shall be authorized for use in supporting City
operations. Police and Fire support services shall be delivered as required on a 24-
hour basis. Only in cases of extreme emergency would support be required during
non-business hours.
3.4 GENERAL REPORTING
The Vendor shall be required to report on a monthly and/or quarterly basis.
Reporting shall include, but not be limited to, status of various projects, staffing,
equipment readiness, changes in budget conditions, and work order data, such
as vendor response time and city down time. All reporting requirements will be
pre-arranged as part of the negotiated contract with the successful vendor.
3.5 CITY WEBSITE SUPPORT
The City of Milton website (www.cityofmiltonga.us) is currently powered by
DesignSensory and is managed by the Communications Manager. The Vendor
shall support the operations of the website on a technical basis, as required to
keep the website operational.
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3.6 SERVICE LEVELS
The Vendor shall coordinate with City management to support and operate all IT
software and hardware in the overall IT infrastructure. City management’s goal,
throughout all systems is to maintain a 98%-99% operational rating for each
performance period under the contract. The Vendor shall be authorized (at the
direction of the City management) to represent the City in various technical
matters/planning/negotiations/discussions with key IT vendors. This shall also
include, but not be limited to, system upgrades, compatible versions of software
maintenance agreements and licensing of products.
3.7 TRAINING
The Vendor shall be responsible for training and/or the arrangement of training
for City employees on new or upgraded City purchased hardware or software
products, as planned and required. The Vendor will also be expected to provide
IT security training including, but not limited to, periodic informational notices on
potential threats, social engineering testing, and security hints and best practices.
SECTION 4: VENDOR PROPOSALS
4.0 CITY’S RIGHT TO INVESTIGATE
The City may make such investigations as deemed necessary to
determine the ability of the Vendor to provide the supplies and/or
perform the services specified.
4.1 VENDOR 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.
SECTION 5: COST PROPOSAL
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
accompanied by a letter of understanding of the scope of work required and
shall state the firm’s ability to perform the required services. This letter should be
signed by an authorized agent of the firm. The proposed fee structure shall
include:
A. All fees associated with providing the standard comprehensive IT and
GIS Managed Services
B. Hourly rates associated with those services not covered under the
firm’s standard services (i.e., special projects)
C. Any additional fees for service migration and implementation
23 | RFP 18-IT01
SECTION 6: EVALUATION CRITERIA
6.0 EVALUATION CRITERIA
A selection team for the City will initially evaluate and score all submittals received.
Proposals not meeting the minimum requirements and those who are non-
responsive will not be considered. If the selection team determines that it would be
beneficial, it will create a short list of firms and invite them for an interview. Should
the cost proposals be deemed excessive and an agreement cannot be met with
the top scoring firm, the City reserves the right to conduct interviews with the non-
shortlisted firms, or reject any or all bids.
The selection team will review and evaluate the proposals according to the criteria
listed below:
A. Technical Qualifications: Criteria for technical qualifications are as follows,
in priority order:
a. Scope of Services Offered: This category will evaluate how well the
offered services meet the requirements and needs of the City (30
pts.)
b. Company History & Experience: Proposals will score the highest in this
category that demonstrate the firms’ stability and experience in
providing comprehensive managed services for IT and GIS to
comparable governments. (20 pts.)
c. Migration and Implementation Schedule: This scoring category rates
the proposed migration and implementation schedule for the
managed services, relative to an assumed Notice to Proceed. (10
pts.)
d. Quality of Written Proposal: This category is used to rate the overall
effectiveness of communication via text, tables, figures, and
graphics; the relevance of the information to the RFP; the layout,
organization and professionalism of the proposal. (10 pts.)
Total points available for Technical Evaluation = 70 pts.
B. Interview: Interviews may be conducted with the short-listed firms. (20 pts.)
C. Cost Proposal: Cost proposals will only be considered for the short-listed
firms from the technical evaluation. (20 pts.)
Total possible points available = 110 pts
24 | RFP 18-IT01
SECTION 7: STANDARD CONTRACT INFORMATION
7.0 STANDARD CONTRACT
The City’s standard contract is attached to this document as Appendix B. Vendor
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 Vendor’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 Vendor at the time of contract negotiation.
7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS
This RFP and any addenda, the Vendor’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 B, contains the contract terms and conditions which will form the basis
of any contract negotiated between the City and the highest scoring Vendor. The
contract language contained in Appendix B does not define the total extent of
the contract language that may be negotiated. In the event of a dispute as to the
duties and responsibilities of the parties under this contract, the contract, along with
any attachments prepared by the City, will govern in the same order of
precedence as listed in the contract.
7.2 SUBCONTRACTOR
The highest scoring vendor will be the prime contractor if a contract is awarded
and shall be responsible, in total, for all work of any subcontractors. All
subcontractors, if any, must be listed in the proposals. The City reserves the right to
approve all subcontractor. The Vendor/Contractor shall be responsible to the City
for the acts and omissions of all subcontractors or agents and of persons directly or
indirectly employed by such subcontractors, and for the acts and omissions of
persons employed directly by the Vendor/Contractor. 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 Vendor 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
Vendor nor its employees are employees of the City. The proof of
25 | RFP 18-IT01
insurance/exemption must be received by the City of Milton within ten (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 Vendor 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 subcontractor by the Vendor subjects subcontractors to the same
provision. The Vendor 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.
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APPENDIX A
CURRENT NETWORK DIAGRAM
27 | RFP 18-IT01
SAMPLE CONTRACT ONLY ~ DO NOT RETURN WITH PROPOSAL
VENDOR SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this_____ day of _____________, 20___
(the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal
corporation of the State of Georgia, acting by and through its governing authority, the
Mayor and City Council (hereinafter referred to as the “City”), and _____________________,
a __________________, (herein after referred to as the "Vendor"), collectively referred to
herein as the "Parties."
WITNESSETH:
WHEREAS, City desires to retain Vendor to provide certain services in the
completion of a Project (defined below); and
WHEREAS, City finds that specialized knowledge, skills, and training are necessary
to perform the Work (defined below) contemplated under this Agreement; and
WHEREAS, Vendor has represented that it is qualified by training and experience
to perform the Work; and
WHEREAS, Vendor 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, Vendor 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:
APPENDIX B
28 | RFP 18-IT01
I. SCOPE OF SERVICES AND TERMINATION DATE
A. Agreement. The Agreement shall consist of this Vendor Services
Agreement and each of the Exhibits hereto, which are incorporated herein by
reference, including:
Exhibit “A” – City Solicitation Documents
Exhibit “B” – Vendor Response/Proposal
Exhibit “C” – Scope of Work
Exhibit “D” – Contractor Affidavit
Exhibit “E” – Subcontractor Affidavit
Exhibit “F” – Key Personnel
B. Project Description. The “Project” at issue in this Agreement is
generally described as:
_________________________________________________________________
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.
D. Schedule, Completion Date, and Term of Agreement. Vendor understands
that time is of the essence of this Agreement and warrants and represents that it will
perform the Work in a prompt and timely manner, which shall not impose delays on the
progress of the Work. The term of this Agreement (“Term”) shall commence as of the
Effective Date, and the Work shall be completed, and the Agreement shall terminate, on
or before __________________________ (provided that certain obligations will survive
termination/expiration of this Agreement). If the Term of this Agreement is longer than
one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall
terminate absolutely and without further obligation on the part of City on December 31
each calendar year of the Term, and further, that this Agreement shall automatically
renew on January 1 of each subsequent calendar year absent City’s provision of written
notice of non-renewal to Vendor at least five (5) days prior to the end of the then current
calendar year. Title to any supplies, materials, equipment, or other personal proper ty
shall remain in Vendor until fully paid for by City.
II. WORK CHANGES
A. Change Order Defined. A “Change Order” means a written modification
of the Agreement, signed by representatives of City and Vendor with appropriate
29 | RFP 18-IT01
authorization.
B. Right to Order Changes. City reserves the right to order changes in the Work
to be performed under this Agreement by altering, adding to, or deducting from the
Work. All such changes shall be incorporated in written Change Orders and executed
by Vendor and City. Such Change Orders shall specify the changes ordered and any
necessary adjustment of compensation and completion time. If the Parties cannot reach
an agreement on the terms for performing the changed work within a reasonable time
to avoid delay or other unfavorable impacts as determined by City in its sole discretion,
City shall have the right to determine reasonable terms, and Vendor shall proceed with
the changed work.
B. Change Order Requirement. Any work added to the scope of this
Agreement by a Change Order shall be executed under all the applicable conditions of
this Agreement. No claim for additional compensation or extension of time shall be
recognized, unless contained in a written Change Order duly executed on behalf of City
and Vendor.
C. Authority to Execute Change Order. The City Manager has authority to
execute, without further action of the Mayor or City Council, any number of Change
Orders so long as their total effect does not materially alter the terms of this Agreement
or materially increase the Maximum Contract Price, as set forth in Section III(B) below.
Any such Change Orders materially altering the terms of this Agreement, or any Change
Order affecting the price where the Maximum Contract Price (as amended) is in excess
of $50,000, must be approved by resolution of the Mayor and City Council. Amendments
shall not result in a variance in price exceeding ten percent of the original contract
amount.
III. COMPENSATION AND METHOD OF PAYMENT
A. Payment Terms. City agrees to pay Vendor for the Work performed and
costs incurred by Vendor upon certification by City that the Work was actually performed
and costs actually incurred in accordance with the Agreement. Compensation for Work
performed and, if applicable, reimbursement for costs incurred shall be paid to Vendor
upon City’s receipt and approval of invoices, setting forth in detail the services performed
and costs incurred, along with all supporting documents requested by City to process the
invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect
costs incurred versus costs budgeted. Any material deviations in tests or inspections
performed, or times or locations required to complete such tests or inspections, and like
deviations from the Work described in this Agreement shall be clearly communicated to
City before charges are incurred and shall be handled through Change Orders as
described in Section II above. City shall pay Vendor within thirty (30) days after approval
of the invoice by City staff.
B. Maximum Contract Price. The total amount paid under this Agreement as
compensation for Work performed and reimbursement for costs incurred shall not, in any
case, exceed $_______________________ (the “Maximum Contract Price”), except as
outlined in Section II(C) above, and Vendor represents that this amount is sufficient to
30 | RFP 18-IT01
perform all of the Work set forth in and contemplated by this Agreement. The
compensation for Work performed shall be based upon ____________.
C. Reimbursement for Costs. The Maximum Contract Price set forth in Section
III(B) above includes all costs, direct and indirect, needed to perform the Work and
complete the Project, and reimbursement for costs incurred shall be limited as follows:
□ There shall be no reimbursement for costs.
□ Long distance telephone and telecommunications, facsimile transmission,
normal postage and express mail, and photocopying charges and time shall be
billed at cost. Supplies and outside services, transportation, lodging, meals and
authorized subcontracts shall be billed at cost plus no more than a 10%
administrative burden. Automobile mileage shall be no more than the current
deductible rate set by the Internal Revenue Service. In no event shall the total
reimbursement for costs incurred during a particular month exceed ______________
percent of the total amount due for Work for that particular month.
IV. COVENANTS OF VENDOR
A. Expertise of Vendor; Licenses, Certification and Permits. Vendor 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 Vendor skill and judgment to provide the Work
in pursuit of the timely and competent completion of the Work undertaken by Vendor
under this Agreement. Vendor shall employ only persons duly qualified in the appropriate
area of expertise to perform the Work described in this Agreement.
Vendor covenants and declares that it has obtained all diplomas, certificates,
licenses, permits or the like required of Vendor by any and all national, state, regional,
county, or local boards, agencies, commissions, committees or other regulatory b odies
in order to perform the Work contracted for under this Agreement. Further, Vendor agrees
that it will perform all Work in accordance with the standard of care and quality ordinarily
expected of competent Vendors 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 Vendor as a result of not meeting the applicable
standard of care or quality will be provided by Vendor at no additional cost to City. This
provision shall survive termination of this Agreement.
B. Budgetary Limitations. Vendor agrees and acknowledges that budgetary
limitations are not a justification for breach of sound principals of Vendor’s profession and
industry. Vendor shall take no calculated risk in the performance of the Work.
Specifically, Vendor agrees that, in the event it cannot perform the Work within the
budgetary limitations established without disregarding sound principles of Vendor’s
profession and industry, Vendor will give written notice immediately to City.
C. City’s Reliance on the Work. Vendor acknowledges and agrees that City
31 | RFP 18-IT01
does not undertake to approve or pass upon matters of expertise of Vendor and that,
therefore, City bears no responsibility for Vendor’s Work performed under this Agreement.
Vendor 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 Vendor’s performance. Vendor further agrees that no
approval of designs, plans, specifications or other work product by any person, body or
agency shall relieve Vendor of the responsibility for adequacy, fitness, suitability, and
correctness of Vendor’s Work under Vendor and industry standards, or for performing
services under this Agreement in accordance with sound and accepted Vendor and
industry principles.
D. Vendor’s Reliance on Submissions by City. Vendor must have timely
information and input from City in order to perform the Work required under this
Agreement. Vendor is entitled to rely upon information provided by City, but Vendor
shall provide immediate written notice to City if Vendor knows or reasonably should know
that any information provided by City is erroneous, inconsistent, or otherwise problematic.
E. Vendor’s Representative. _____________________ shall be authorized to act
on Vendor’s behalf with respect to the Work as Vendor’s designated representative,
provided that this designation shall not relieve either Party of any written notice
requirements set forth elsewhere in this Agreement.
F. Assignment of Agreement. Vendor 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, Vendor shall be solely
responsible for reimbursing them, and City shall have no obligation to them.
G. Responsibility of Vendor and Indemnification of City. Vendor covenants
and agrees to take and assume all responsibility for the Work rendered in connection
with this Agreement. Vendor 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. Vendor shall defend, indemnify and hold harmless
City and City’s elected and appointed officials, officers, boards, commissions,
employees, representatives, Vendors, 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 Vendor, any subcontractor, anyone directly or
indirectly employed by Vendor or subcontractor or anyone for whose acts or omissions
Vendor 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 Vendor or other
persons employed or utilized by the Vendor in the performance of this Agreement. This
indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any
32 | RFP 18-IT01
other right or obligation of indemnity which would otherwise exist as to any party or
person described in this provision.
In any and all claims against an Indemnified Party, by any employee of Vendor,
its subcontractor, anyone directly or indirectly employed by Vendor or subcontractor or
anyone for whose acts Vendor 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 Vendor 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. Vendor 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 Vendor or any of its employees, servants, or
subcontractors, an employee, servant or agent of City for any purpose. Vendor
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 Vendors,
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. Vendor 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 Vendor. Any
provisions of this Agreement that may appear to give City the right to direct Vendor
as to the details of the services to be performed by Vendor or to exercise a measure
of control over such services will be deemed to mean that Vendor 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 Vendor 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. Vendor agrees not to represent itself as City’s agent for any
purpose to any party or to allow any employee of Vendor 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. Vendor shall assume full liability for any
contracts or agreements Vendor enters into on behalf of City without the express
knowledge and prior written consent of City.
I. Insurance.
33 | RFP 18-IT01
(1) Requirements: Vendor 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 Vendor,
its agents, representatives, employees or subcontractors. All policies
shall be subject to approval by City as to form and content. These
requirements are subject to amendment or waiver if so approved in
writing by the City Manager.
(2) Minimum Limits of Insurance: Vendor 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) Vendor Liability of at least $1,000,000 (one million dollars) limit
for claims arising out of Vendor services and caused by
Vendor’s errors, omissions, or negligent acts.
(d) Workers’ Compensation limits as required by the State of
Georgia and Employers’ Liability limits of $1,000,000 (one
million dollars) per occurrence or disease. (If Vendor is a sole
proprietor, who is otherwise not entitled to coverage under
Georgia’s Workers’ Compensation Act, Vendor 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, Vendor 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: $
________________ (_____________) per occurrence shall be
34 | RFP 18-IT01
provided and will apply over all liability policies, without
exception, including but not limited to Commercial General
Liability, Commercial Automobile Liability, Employers’ Liability,
and Vendor 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 Vendor; self-
insured retentions should be included on the certificate of insurance.
(4) Other Insurance Provisions: Each policy shall contain, or be
endorsed to contain, the following provisions respectively:
(a) General Liability, Automobile Liability and (if applicable)
Umbrella Liability Coverage.
(i) Additional Insured Requirement. City and City’s
elected and appointed officials, officers, boards,
commissioners, employees, representatives, Vendors,
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
Vendor; products and completed operations of
Vendor; premises owned, leased, or used by Vendor;
automobiles owned, leased, hired, or borrowed by
Vendor. 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 Vendor to provide liability
insurance coverage to any Insured Party for claims
asserted against such Insured Party for its sole
negligence.
(ii) Primary Insurance Requirement. Vendor’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 Vendor’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
Vendor’s insurance shall apply separately to each
35 | RFP 18-IT01
insured against whom claim is made or suit is brought,
except with respect to limits of insurance provided.
(v) Defense Costs/Cross Liability. Coverage shall be
provided on a “pay on behalf” basis, with defense
costs payable in addition to policy limits. There shall be
no cross liability exclusion.
(vi) Subrogation. The insurer shall agree to waive all rights
of subrogation against the Insured Parties for losses
arising from Work performed by Vendor 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 Vendor 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 Vendor 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 Vendor
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 Vendor shall be responsible for any
delay resulting from the failure of its insurer to provide proof of
coverage in the proscribed form.
36 | RFP 18-IT01
(6) Verification of Coverage: Vendor 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,
Vendor 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 Vendor’s insurer in its normal course of business and
are to be signed by a person authorized by that insurer to bind
coverage on its behalf, unless alternate sufficient evidence of their
validity and incorporation into the policy is provided. City reserves
the right to require complete, certified copies of all required
insurance policies at any time. Vendor shall provide proof that any
expiring coverage has been renewed or replaced prior to the
expiration of the coverage.
(7) Subcontractors: Vendor 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: Vendor shall extend any claims-made
insurance policy for at least six (6) years after termination or final
payment under the Agreement, whichever is later, and have an
effective date which is on or prior to the Effective Date.
(9) City as Additional Insured and Loss Payee: City shall be named as
an additional insured and loss payee on all policies required by this
Agreement, except City need not be named as an additional
insured and loss payee on any Vendor Liability policy or Workers’
Compensation policy.
(10) Progress Payments: The making of progress payments to Vendor
shall not be construed as relieving Vendor 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) Vendor 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
37 | RFP 18-IT01
Vendor’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) Vendor 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.
Vendor hereby verifies that it has, prior to executing this Agreement, executed a
notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such
affidavit to City or provided City with evidence that it is an individual not required to
provide such an affidavit because it is licensed and in good standing as noted in sub-
subsection (2) above. Further, Vendor 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 Vendor employs or contracts with any subcontractor(s) in connection
with the covered contract, Vendor 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
Vendor/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, Vendor
agrees to provide a completed copy to City within five (5) business days of receipt from
any subcontractor.
Where Vendor 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
Vendor’s and Vendor’s subcontractors’ verification process at any time to determine
that the verification was correct and complete. Vendor and Vendor’s subcontractors
shall retain all documents and records of their respective verification process for a period
of five (5) years following completion of the contract. Further, where Vendor 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 Vendor or Vendor’s subcontractors employ unauthorized aliens on City contracts.
By entering into a contract with City, Vendor and Vendor’s subcontractors agree to
cooperate with any such investigation by making their records and personnel available
upon reasonable notice for inspection and questioning. Where Vendor or Vendor’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. Vendor’s
failure to cooperate with the investigation may be sanctioned by termination of the
38 | RFP 18-IT01
Agreement, and Vendor shall be liable for all damages and delays occasioned by City
thereby.
Vendor agrees that the employee-number category designated below is
applicable to Vendor. [I nformation only required if a contractor affidavit is required
pursuant to O.C.G.A. § 13-10-91.]
____ 500 or more employees.
____ 100 or more employees.
____ Fewer than 100 employees.
Vendor hereby agrees that, in the event Vendor 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, Vendor will secure from
the subcontractor(s) such subcontractor(s’) indication of the above employee-number
category that is applicable to the subcontractor.
The above requirements shall be in addition to the requirements of state and
federal law, and shall be construed to be in conformity with those laws.
K. Records, Reports and Audits.
(1) Records:
(a) Books, records, documents, account legers, databases, and
similar materials relating to the Work performed for City under
this Agreement (“Records”) shall be established and
maintained by Vendor 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 Vendor 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.
39 | RFP 18-IT01
(2) Reports and Information: Upon request, Vendor 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, Vendor shall make
available to City or City’s representative(s) for examination all
Records. Vendor will permit City or City’s representative(s) to audit,
examine, and make excerpts or transcripts from such Records.
Vendor 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, Vendor shall permit City or City’s
representative(s) to observe and inspect any or all of Vendor’s
facilities and activities during normal hours of business for the
purpose of evaluating Vendor’s compliance with the terms of this
Agreement. In such instances, City or City’s representative(s) shall
not interfere with or disrupt such activities.
L. Ethics Code; Conflict of Interest. Vendor 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. Vendor certifies that
to the best of its knowledge no circumstances exist which will cause a conflict of
interest in performing the Work. Should Vendor become aware of any
circumstances that may cause a conflict of interest during the Term of this
Agreement, Vendor shall immediately notify City. If City determines that a conflict
of interest exists, City may require that Vendor 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 Vendor when such services were
performed while a conflict of interest existed if Vendor 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.
Vendor 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. Vendor and City further
40 | RFP 18-IT01
acknowledge that it is prohibited for any payment, gratuity, or offer of
employment to be made by or on behalf of a sub-Vendor under a contract to
the prime Vendor or higher tier sub-Vendor, or any person associated therewith,
as an inducement for the award of a subcontract or order.
M. Confidentiality. Vendor 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, Vendors, and/or staff to likewise
protect such confidential information. Vendor agrees that confidential information it
learns or receives or such reports, information, opinions or conclusions that Vendor
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. Vendor shall exercise reasonable precautions to prevent the unauthorized
disclosure and use of City information whether specifically deemed confidential or not.
Vendor acknowledges that City’s disclosure of documentation is governed by
Georgia’s Open Records Act, and Vendor further acknowledges that if Vendor submits
records containing trade secret information, and if Vendor wishes to keep such records
confidential, Vendor must submit and attach to such records an affidavit affirmatively
declaring that specific information in the records constitutes trade secrets pursuant to
Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A.
§ 50-18-72(a)(34) related thereto.
N. Key Personnel. All of the individuals identified in Exhibit “F”, attached
hereto, are necessary for the successful completion of the Work due to their unique
expertise and depth and breadth of experience. There shall be no change in Vendor’s
Project Manager or members of the Project team, as listed in Exhibit “F”, without written
approval of City. Vendor recognizes that the composition of this team was instrumental
in City’s decision to award the Work to Vendor and that compelling reasons for
substituting these individuals must be demonstrated for City’s consent to be granted. Any
substitutes shall be persons of comparable or superior expertise and experience. Failure
to comply with the provisions of this paragraph shall constitute a material breach of
Vendor’s obligations under this Agreement and shall be grounds for termination.
O. Meetings. Vendor 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 Vendor’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 Vendor’s option and expense, a conference call meeting may be
substituted. Consistent failure to participate in problem resolution mee tings, 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 Vendor covenants and declares that it has obtained all necessary approvals of
41 | RFP 18-IT01
Vendor’s board of directors, stockholders, general partners, limited partners or similar
authorities to simultaneously execute and bind Vendor to the terms of this Agreement, if
applicable.
Q. Ownership of Work. All reports, designs, drawings, plans, specifications,
schedules, work product and other materials, including, but not limited to, those in
electronic form, prepared or in the process of being prepared for the Work to be
performed by Vendor (“Materials”) shall be the property of City, and City shall be
entitled to full access and copies of all Materials in the form prescribed by City. Any
Materials remaining in the hands of Vendor or subcontractor upon completion or
termination of the Work shall be delivered immediately to City whether or not the
Project or Work is commenced or completed; provided, however, that Vendor may
retain a copy of any deliverables for its records. Vendor assumes all risk of loss, damage
or destruction of or to Materials. If any Materials are lost, damaged or destroyed before
final delivery to City, Vendor shall replace them at its own expense. Any and all
copyrightable subject matter in all Materials is hereby assigned to City, and Vendor
agrees to execute any additional documents that may be necessary to evidence such
assignment.
R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964,
as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as
amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42
U.S.C. § 12132, and all other provisions of Federal law, Vendor agrees that, during
performance of this Agreement, Vendor, 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, Vendor agrees to comply with all applicable implementing
regulations and shall include the provisions of this paragraph in every subcontract for
services contemplated under this Agreement.
V. COVENANTS OF CITY
A. Right of Entry. City shall provide for right of entry for Vendor and all
necessary equipment as required for Vendor to complete the Work; provided that
Vendor shall not unreasonably encumber the Project site(s) with materials or equipment.
B. City’s Representative. ______________________ shall be authorized to act on
City’s behalf with respect to the Work as City’s designated representative on this Project;
provided that any changes to the Work or the terms of this Agreement must be approved
as provided in Section II above.
VI. TERMINATION
A. For Convenience. City may terminate this Agreement for convenience at
any time upon providing written notice thereof at least seven (7) calendar days in
advance of the termination date.
B. For Cause. Vendor shall have no right to terminate this Agreement prior to
42 | RFP 18-IT01
completion of the Work, except in the event of City’s failure to pay Vendor within thirty
(30) calendar days of Vendor providing City with notice of a delinquent payment and
an opportunity to cure. In the event of Vendor’s breach or default under this Agreement,
City may terminate this Agreement for cause. City shall give Vendor at least seven (7)
calendar days’ written notice of its intent to terminate the Agreement for cause and the
reasons therefor. If Vendor 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 Vendor for the costs of curing the default against any
sums due or which become due to Vendor 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 Vendor 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, Vendor shall: (1)
promptly discontinue all services, cancel as many outstanding obligations as possible,
and not incur any new obligations, unless the City directs otherwise; and (2) promptly
deliver to City all data, drawings, reports, summaries, and such other information and
materials as may have been generated or used by Vendor in performing this Agreement,
whether completed or in process, in the form specified by City.
G. Reservation of Rights and Remedies. The rights and remedies of City and
Vendor provided in this Article are in addition to any other rights and remedies provided
under this Agreement or at law or in equity.
VII. MISCELLANEOUS
A. Entire Agreement. This Agreement, including any exhibits hereto,
constitutes the complete agreement between the Parties and supersedes any and all
other agreements, either oral or in writing, between the Parties with respect to the subject
matter of this Agreement. No other agreement, statement or promise relating to the
subject matter of this Agreement not contained in this Agreement shall be valid or
binding. This Agreement may be modified or amended only by a written Change Order
43 | RFP 18-IT01
(as provided in Section II above) or other document signed by representatives of both
Parties with appropriate authorization.
B. Successors and Assigns. Subject to the provision of this Agreement
regarding assignment, this Agreement shall be binding on the heirs, executors,
administrators, successors and assigns of the respective Parties.
C. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia without regard to choice of law
principles. If any action at law or in equity is brought to enforce or interpret the provisions
of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will
control. Any action or suit related to this Agreement shall be brought in the Superior Court
of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia –
Atlanta Division, and Vendor 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, Vendor 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
Vendor 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 Vendor’s Representative (named above) for Vendor.
(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.
44 | RFP 18-IT01
NOTICE TO CITY shall be sent to:
City Manager
City of Milton, Georgia
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO VENDOR shall be sent to:
____________________________
____________________________
____________________________
____________________________
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 Vendor 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 Vendor 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, Vendors, servants, agents,
attorneys or volunteers. No such individual shall be personally liable to Vendor or any
successor in interest in the event of any default or breach by City or for any amount which
may become due to Vendor or successor or on any obligation under the terms of this
Agreement. Likewise, Vendor’s performance of services under this Agreement shall not
subject Vendor’s individual employees, officers, or directors to any personal contractual
liability, except where Vendor is a sole proprietor. The Parties agree that, except where
Vendor is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for
contractual liability shall be directed and/or asserted only against Vendor or City,
respectively, and not against any elected or appointed official, officers, boards,
commissions, employees, representatives, Vendors, servants, agents, attorneys and
45 | RFP 18-IT01
volunteers.
L. Counterparts; Agreement Construction and Interpretation. This
Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which taken together shall constitute one and the same
instrument. Vendor 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 Vendor 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 VENDOR;
(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 Vendor’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 Vendor have executed this Agreement, effective
as of the Effective Date first above written.
[SIGNATURES ON FOLLOWING PAGE]
46 | RFP 18-IT01
VENDOR: _____________________________
Signature: ___________________________________
Print Name: _____________________________
Title:
President/Vice President (Corporation)
General Partner (Partnership/Limited
Partnership)
Member/Manager (LLC)
Owner (Sole Proprietorship/Individual)
[CORPORATE SEAL]
(required if corporation)
Attest/Witness:
Signature: _______________________________
Print Name: _____________________________
Title: __________________________________
(Assistant) Corporate Secretary (required if corporation)
CITY OF MILTON, GEORGIA
________________________________________
By: Joe Lockwood, Mayor
[CITY SEAL]
Attest:
Signature: ________________________________
Print Name: ______________________________
Title: City Clerk
Approved as to form:
_______________________________
City Attorney
47 | RFP 18-IT01
EXHIBIT “A”
EXHIBIT “B”
EXHIBIT “C”
48 | RFP 18-IT01
EXHIBIT “D”
STATE OF ____________
COUNTY OF ___________
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is
engaged in the physical performance of services on behalf of the City of Milton,
Georgia has registered with, is authorized to use and uses the federal work authorization
program commonly known as E-Verify, or any subsequent replacement program, in
accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-
10-91. Furthermore, the undersigned contractor will continue to use the federal work
authorization program throughout the contract period and the undersigned contractor
will contract for the physical performance of services in satisfaction of such contract
only with subcontractors who present an affidavit to the contractor with the information
required by O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number
and date of authorization are as follows:
_________________________________
Federal Work Authorization User
Identification Number
_________________________________
Date of Authorization
_________________________________
Name of Contractor
_________________________________
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of
perjury that the foregoing is true and
correct.
Executed on _________, 20___ in
_____________________ (city), ______
(state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized
Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF
______________, 20___.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
_______________________________
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EXHIBIT “E”
STATE OF _____________
COUNTY OF ___________
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. §
13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the
physical performance of services under a contract with _______________________ (name of
contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and
uses the federal work authorization program commonly known as E -Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines established
in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the
federal work authorization program throughout the contract period, and the undersigned
subcontractor will contract for the physical performance of services in satisfaction of such
contract only with sub-subcontractors who present an affidavit to the subcontractor with the
information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will
forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within
five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -
subcontractor has received an affidavit from any other contracted sub-subcontractor, the
undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the
notice to the contractor.
Subcontractor hereby attests that its federal work authorization user identification number and
date of authorization are as follows:
_________________________________
Federal Work Authorization User
Identification Number
_________________________________
Date of Authorization
_________________________________
Name of Contractor
_________________________________
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury
that the foregoing is true and correct.
Executed on _________, 20___ in
_____________________ (city), ______ (state)
_________________________________
Printed Name and Title of Authorized Officer
or Agent
_________________________________
Signature of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON
THIS THE ______ DAY OF ______________,
20___.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
________________________________
50 | RFP 18-IT01
EXHIBIT “F”
The following individuals are designated as Key Personnel under this Agreement
and, as such, are necessary for the successful prosecution of the Work:
Individual Position
_____________, Project Manager
EXHIBIT “B”
~ Please note the original price has been superseded by the negotiated price attached in Exhibit B ~
Atlanta Chicago
2650 Holcomb Bridge Road
2500 East Lake Ave.
Suite 310, Alpharetta, GA 30022 Glenview, IL 60026
Proposal
IT and GIS Managed
Services
for
City of Milton, GA
August 28, 2018
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 1
Contents
Executive Summary ................................................................................................................................................................ 2
Information Technology (IT) Services ....................................................................................................................... 2
Geographic Information Systems (GIS) Services ................................................................................................... 2
Company History ..................................................................................................................................................................... 3
Corporate Background and Qualifications ............................................................................................................... 3
Project Team .............................................................................................................................................................................. 7
References ................................................................................................................................................................................ 11
Project Understanding and Proposed Services ......................................................................................................... 12
Scope of Work – IT Support: ........................................................................................................................................ 12
Scope of Work - GIS .......................................................................................................................................................... 15
Work Plan ................................................................................................................................................................................. 16
Methodology/Operations ................................................................................................................................................... 17
IT Services Offerings ........................................................................................................................................................ 17
GIS Strategy – Situated to Succeed using GIS ........................................................................................................ 19
Service Levels and Response Times .............................................................................................................................. 20
Appendix – Forms ................................................................................................................................................................. 22
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 2
Executive Summary
Information Technology (IT) Services
The City of Milton is seeking a firm to provide Information Technology and GIS services for all
municipal operations. InterDev has had the pleasure of working with the City of Milton on various
IT, Security, and Strategic Planning initiatives over the last few months, and we would be delighted
to continue working closely with the City’s staff to provide advice and planning services for the best
practices use of technology to support the City’s service objectives. These services may be onsite,
hosted in the cloud, or provided in a Software as a Service (SaaS) model. InterDev is experienced in
each of these areas and can help the City determine the best solutions for providing the highest
quality services possible for the citizens of Milton.
InterDev’s engagements with local government accounts have given us excellent insight and
experience with the current hardware and software solutions favored by cities, counties and public
safety departments. Our approach to securing the City’s environment will reduce long-term
expenses, increase compliance with State and Federal Regulations and minimize downtime so the
City’s staff can better support their citizens.
As an IT Service provider for the City of Milton, InterDev will continue to apply its expertise to help
the City protect and secure its facilities, enhance the quality of service for all departments, minimize
spending, maximize ROI and ensure the efficient operation of its network and computer systems.
Geographic Information Systems (GIS) Services
The growth of GIS technology and its ever-expanding integration in all areas of City management
and operation makes the decision about your GIS partner more critical than it has been in the past.
InterDev has a unique understanding and experience in the management and integration of GIS
data and services into municipal and commercial operations. Our GIS team can help the City
develop short and long-term strategy’s to fully utilize the capabilities of GIS.
We believe that our partnership with the City’s current GIS division will provide more
comprehensive GIS services for all departments within the City while also managing costs and
projects more efficiently. InterDev will be providing multiple service options for the City to account
for the variables in staffing, licensing and budgets.
This proposal outlines InterDev’s unique qualifications to deliver exceptional GIS services to
support the City’s efforts to maximize its use of GIS.
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 3
Company History
Corporate Background and Qualifications
InterDev has been providing information technology (IT) services and support to government,
education, business and non-profit organizations for more than three decades. InterDev provides
and supports a broad spectrum of technology solutions including servers and networks, security
and backup/disaster recovery solutions, Geographical Information Systems (GIS) and voice and
data products and architectures. InterDev is headquartered in Alpharetta, Georgia with offices in
Chicago, Illinois.
InterDev History and Vision
InterDev’s founder, Gary Nichols, is a recognized innovator in the IT industry, in part because of his
consistent focus on the importance of strategic planning and visioning. While other companies were
struggling to react and adapt to the rapid acceleration of technology that began in the 1980s,
Nichols and his team were encouraging clients to adopt a disciplined, future-focused approach to
every IT effort.
In the 1990s, long before most IT firms had heard the term “public-private partnership” (PPP),
Nichols and his team were contracting with the State of Georgia’s Office of Insurance and Safety Fire
Commissioner to assist with strategic IT development, a contract that InterDev retains to this day.
In 2010, InterDev again took a leading role in the PPP movement when it was chosen by the City of
Sandy Springs for end-to-end management of its technology functions. Today, InterDev provides
fully managed IT services to many cities in Metro Atlanta, five cities in the suburbs of Chicago,
Illinois and another municipality in southeastern South Carolina. InterDev is an IT partner with the
administrative and public safety divisions of more than a dozen other cities and government
agencies. Overall, InterDev has completed successful projects with more than 35 public-sector
entities.
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 4
InterDev has continued to promote the importance of strategic planning and visioning. By assisting
its public-sector partners in developing and executing one, three and five-year planning efforts they
have reached the goal of adopting innovative, transformative IT methodologies that lead to
continuous improvement.
InterDev maintains a clear focus on achieving in the present while planning for the future.
InterDev’s breadth of knowledge enables the company to work with technology systems from all
periods and at all levels of complexity, including the legacy systems common in public-sector
environments. InterDev has a proven ability to bridge the gap between older hardware and
software and new technologies as we help our government partner’s transition to contemporary
solutions. Furthermore, in situations where public-sector systems require updating, InterDev’s
recommendations routinely result in significant operating and maintenance cost reductions.
Core Values
InterDev is committed to providing top-tier services to municipal and small-to-medium enterprise
corporate environments and nonprofit clientele. We apply an enterprise mentality to our work and
insist on the highest ethics from our staff. We strongly believe in honesty, fair dealing, client-first
mentality, respect for all, sustainable growth and stewardship of resources. InterDev is a diverse
organization, both in principle and practice.
Experience
InterDev ‘s experience in the municipal sector, working with cities and other government entities to
support their business processes sets us aside from our competition. Our team is dedicated to work
with the end users at each municipality to provide the best quality support processes possible.
The hallmark of InterDev’s success in both the Public and the Private Sectors have been the
coordination of efforts and resources with the goals and objectives of our clients. This management
of efforts for our clients and their constituents is essential to the continued success of these
operations. Cooperation between the InterDev staff, City Staff, vendors, neighboring communities
or municipalities is key to leveraging the effectiveness and efficiency of shared initiatives and
projects.
Public – Private Partnerships
Today, it is no longer practical or affordable for municipalities to single handedly stay abreast of the
latest developments in IT, whether implementing cutting-edge technology systems or defending
against imminent data threats. InterDev has entered into public-private partnerships with select
municipalities to bring its award-winning expertise to bear on behalf of these entities and their
citizens.
As threat landscapes become more hostile, and budget restrictions make it more difficult for
governments to stay current with emerging technologies, InterDev's security focused Managed IT
Services offering has become the model for nearly two dozen successful public-private
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 5
partnerships. Our ongoing work with cities and counties positions us to help the City of Milton
leverage powerful synergies that will result in more efficient, enhanced service delivery to the
public. For governments, whose budgets are increasingly restricted, municipal knowledge sharing
and resource pooling is no longer a theoretical concept—it is a proven model for dynamic
leadership and success. InterDev's existing partnerships with local area governments and agencies
will enable the City of Milton to more easily embrace this model.
Municipal Accounts
InterDev’s municipal customers include, but are not limited to, the following cities, counties or
agencies:
• City of Sandy Springs, GA
• City of Dunwoody, GA
• City of Stockbridge, GA
• City of Chamblee, GA
• City of South Fulton, GA
• Village of Glenview, IL
• Village of Buffalo Grove, IL
• Village of Lake Bluff, IL
• Village of Kenilworth, IL
• City of Lake Forest, IL
• City of Beaufort, SC
• City of Canton, GA
• City of Holly Springs, GA
• City of Douglasville, GA
• City of Tucker, GA
• Columbia County, GA
• City of Stonecrest, GA
• Hall County, GA - Board of
Commissioners
• Henry County, GA
• Lowndes County, GA - Board of
Commissioners
With over 35 years of experience, InterDev’s client list includes more than 1,250 businesses,
governments, non-profits, school systems and other organizations. These varied accounts include
more than 20 fully managed IT accounts – where InterDev provides their complete IT department
staff and support services, from CIO to Helpdesk and all strategic planning, security, networking
and troubleshooting. InterDev has regular accounts that use specific subsets of our Managed
Services Plan such as server monitoring or security audits, and accounts that prefer a simple break-
fix support agreement and call for IT service as needed.
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 6
Staff Certifications
In order to keep up with the rapid pace of the technology marketplace, InterDev puts forth a
significant investment in continuing education
and certification for every employee. On the first
day of employment, our employees are held
accountable to keep up with the latest technology
solutions and trends. It is due to this requirement
that our employees currently hold some of the
most prestigious certifications in the technology
industry. Some of these certifications include:
Company Certifications
In addition to maintaining partnerships with
numerous best-of-breed technology vendors,
InterDev is a Microsoft Gold Certified Partner,
the highest level of Microsoft solutions
partners, and an Esri Certified Silver Level
Partner, a combined achievement that few
firms have in our industry. InterDev’s close
working relationship with industry-leading
hardware and software vendors provides our
clients with critical information about the
latest technology and the best practices for its
use in their environments.
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 7
Project Team
InterDev believes in its clients and its staff, and in the power of technology to fundamentally
transform the way private and public-sector entities conduct business. We operate only at the
utmost level of performance and believe that “best practices” is a requirement, not a platitude.
The InterDev team assigned to this engagement represents decades of experience working with
Information Technology in both the municipal and corporate arenas. As a company InterDev, has
been providing IT consulting, support and planning services for over 37 years. Our work in the
State and Local Government area has extended over 17 years. Each team member has extensive
experience in his field and in these markets. InterDev is proud to offer a team of professionals to
provide the services requested by the City of Milton.
Gary Nichols, Founder & CEO
Gary Nichols founded InterDev in 1980 and
along the way earned his stripes as an early
adopter of PC technologies, local and wide
area networking, the Internet, and the value of
managed IT services.
Today Nichols leads a firm of 70+ and is
responsible not only for managing the firm’s strategic direction
but also for overall operations and customer satisfaction. His
extensive experience provides a vast background for consulting
in the critical areas of network infrastructure, knowledge
management solutions, cloud computing, network security and
municipal IT outsourcing.
Nichols’ vision for how private-sector managed services could
benefit the public sector, coupled with decades of service to
varied local and state government agencies, is what ultimately
led to the formation of successful public-private partnerships
(PPP) with the City of Sandy Springs, the City of Tucker and the
City of Dunwoody in Georgia.
Nichols earned a Bachelor of Business Administration from Georgia State University and is a
Certified Information Systems Security Professional (CISSP). He is a member of the Technology
Association of Georgia (TAG) and a volunteer with TAG-Ed.
Certifications:
• Certified Information
Systems Security
Professional (CISSP)
Competencies:
• Network Design
• Network Security
• IT Infrastructure
• Systems Integration
• IT Assessments & Audits
• Application Development
• Knowledge Management
Solutions
• Disaster Response Planning
• IT Support/Help Desk
• Municipal IT Outsourcing
• VoIP/Telephony
• Drone Technology
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 8
Ashley Smith, Director of Government Services, CGCIO
Ashley Smith has served as the IT Manager at
the City of Dunwoody for four years. His
insight and planning have helped position the
City of Dunwoody as a leader in the municipal
arena. Smith and his team have worked
diligently to ensure Dunwoody continues to
set the bar for exceptional municipal services
for its citizens. He has been working in government IT for the
last 10 years, at both the state and local level. Prior to joining
InterDev, Smith served as the IT and Communications Manager
for the City of Hapeville, Georgia, and as the IT Manager for the
Hapeville Wi-Fi Network, part of the Wireless Community
Georgia Grant program sponsored by the Georgia Technology
Authority.
As a presenter at the Georgia Municipal Association’s Annual
conference and the Annual Mayors’ Day conference, Smith has
taught classes on best practices in government IT and on using
technology to improve government operations.
Smith has a Masters of Public Administration from Georgia
Southern University and has his Certified Government CIO
(CGCIO) accreditation.
Certifications:
• Certified Government CIO
(CGCIO)
• Cisco Certified Network
Associate (CCNA)
• Network +
• GCIC Data Integrity
• DHS Technology Recovery
Training
• DHS Project Management
certificate
Competencies:
• FEMA Disaster Recovery
Training
• Network Design
• Network Security
• IT Infrastructure
• IT Assessments & Audits
• Knowledge Management
Solutions
• Disaster Response Planning
• IT Support/Help Desk
• Municipal IT Outsourcing
• VoIP/Telephony
• Tyler Incode
• Spillman
• Storage
• Security
• Windows Server Solutions
• NetApp
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 9
Lewis Wilkinson, Senior Project Manager, PMP
Lewis Wilkinson joined InterDev in 2011 as an
Account and Project Manager. In 2012, he spent
an eight-month engagement overseeing the
citywide Tyler Munis Enterprise Resource
Planning (ERP) conversion at the City of Sandy
Springs. He is currently managing InterDev’s
team of PMI Certified project managers in the
InterDev Project Management Office (PMO). During the first six
months of 2014, Wilkinson worked closely with Village
management and the GovIT Consortium transition team planning
the orderly transition of five municipalities to InterDev’s
Managed IT Services.
Prior to joining InterDev, he spent 14 years working in sales,
service, and support of ERP systems with companies including
Computer Associates, SSA, BAAN, Systems Conversion,
PowerCerv, BravePoint, and QAD. He has covered manufacturing,
warehouse logistics, financial management and reporting in
corporations in the USA and Mexico. During his InterDev tenure, he has worked extensively with
Tyler Munis, Tyler Incode, New World Systems, Cityworks and the ESRI GIS software suite.
Wilkinson has deep experience with the implementation, project management, integration and
oversight of enterprise systems with an emphasis in ERP and GIS systems.
Wilkinson earned a Bachelor of Arts in Sociology with Minor in Computer Science from Wake
Forest University. He is a certified Project Management Professional as recognized by the Project
Management Institute.
Certifications:
• Project Management
Professional (PMP)®
• Certified ScrumMaster®
(CSM)
• ITIL Foundations
Competencies:
• Enterprise Systems
• BS&A
• Tyler
o Munis
o Incode
o New World Systems
• ESRI GIS Suite
• SAP R3
• QAD Logistics
• Microsoft Dynamics
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 10
Mike Edelson, Geographic Information Systems Professional, GISP
Mike Edelson is an InterDev GIS analyst, with
more than 13 years of experience in geospatial
technologies in both private and governmental
settings.
Edelson has managed multiple large projects,
including GIS military master planning
services for dozens of military installations throughout the
world, including the United States, Afghanistan, Iraq, Kuwait,
India, Bangladesh, Korea, and Kyrgyzstan. He was also a key
participant and contributor in multiple local governmental
startups, including the new Georgia cities of Sandy Springs,
Johns Creek, and Brookhaven. He has an undergraduate degree
in Geography from Florida State University, earned his
Geographic Information Systems Professional certification, and
is in the process of completing his certification as a Project
Management Professional.
Relevant GIS Project Experience
• GIS Manager, City of Brookhaven, Georgia, 2013–2015 Managed the design, build, and
implementation of the City’s enterprise-wide GIS Department.
• Project Manager, Duke Energy Nuclear Project, 2008-2013 Provided GIS services in
support of two U.S. nuclear power facilities. Responsibilities include overseeing map
production, quality control, data management, analysis, scoping, budgeting, and client
services.
• Senior GIS Analyst, City of Decatur GIS Services, 2012-2013. Maintained the City of
Decatur’s core GIS data layers and supported the analysis and mapping of all city
departments. These departments included: Planning & Zoning, Public Works, Fire, and
Historic Preservation.
• GIS Lead for Site Capacity Survey for Nine (9) Air Force Bases, Iraq, 2009–2010. Services
entailed interpreting, creating and analyzing products using Common Installation Picture
(CIP) files to create GIS maps and datasets in support of base planning.
Competencies:
• GIS Enterprise Design &
Management
• Web Mapping
• Project Management
• Application Development
• Cartography
• ArcGIS Online
• Military Master Planning
• Data Modeling
• 3-D Visualization
• Land Surveying
Certifications:
• GIS Professional (GISP)
• Security Clearance, US
Department of Defense
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 11
References
Location Contact Contact Information Services Startup Role
City of Sandy
Springs, GA
John
McDonough,
City Manager
Phone: 770-206-1414
jmcdonough@sandyspringsga.gov
Full IT, GIS, and
Security Services
GIS Team Staff for City
Startup
City of
Tucker, GA
Tami Hamlin
City Manager
Phone: 678-597-9040
thanlin@tuckerga.gov
Full IT, GIS, and
Security Services
Startup of Full IT, GIS,
and Security Services
City of Dunwoody,
GA
Eric Linton
City Manager
Phone: 678-382-6700
eric.linton@dunwoodyga.gov
Full IT, GIS, and
Security Services
Full IT, GIS, and
Security Services
City of Chamblee,
GA
Jon Walker
City Manager
Phone: 470-395-2310
jwalker@chambleega.gov
Full IT, GIS, and
Security Services
Full IT, GIS, and
Security Services
City of
Canton, GA
Billy Peppers
City Manager
Phone: 770-704-1500
billy.peppers@cantonga.gov
IT and GIS
Consulting
Services
IT and GIS Consulting
Services
City of
Douglasville, GA
Marsha
Hampton, City
Manager
Phone: 678-796-5736
Thomastonm@douglasvillega.gov
IT Staffing, vCIO,
ERP
Implementation
Services
IT Staffing, vCIO, ERP
Implementation
Services
Rockdale
County, GA
James Howell,
IT Director
Phone: 770-278-7076
jc.howell@rockdalecounty.org
IT Project
Services for
Network, SAN,
Server and ERP
Upgrades
IT Project Services,
Network Planning,
and Infrastructure
Redesign
City of
Beaufort, SC
Bill Prokop,
City Manager
Phone: 843-525-7078
wprokop@cityofbeaufort.org
Full IT and
Security Services
Full IT and Security
Services
Columbia
County, GA
Glenn Kennedy,
Assistant
County
Manager
Phone: 706-868-3488
gkennedy@columbiacountyga.gov
IT Security
Assessment
Project based Security
and DR Planning
Village of
Glenview, IL
Amy Ahner
Director of
Administrative
Services
Phone: 847-904-4331
aahner@glenview.il.us
Full IT and
Security Services
Full IT and Security
Services
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 12
Project Understanding and Proposed Services
The City of Milton is looking to partner with an IT and GIS services provider that can fully support,
manage and provide guidance for the best use of technology in support of its service goals for the
citizens of Milton. InterDev provides its clients with highly trained staff that exhibit the drive,
initiative and commitment to achieve the very best results for the customers they serve. InterDev’s
team will be dedicated to the success of the City and its initiatives and they will work closely with
the City staff to improve services while monitoring budgets and reducing costs.
Scope of Work – IT Support:
1. Virtual CIO (vCIO)
• For planning purposes, the CIO level experience you receive as part of our model will be
invaluable in setting the direction of IT for the City. We will develop, with the input and
approval of the City Manager and other City-designated staffers, a comprehensive
strategic IT plan on a timeline to be mutually agreed upon by InterDev and the City prior
to contract initiation and updated on a regular basis. As both technology and needs may
evolve rapidly, we recommend semi-annual reviews of the plan.
• InterDev’s vCIO will prepare and distribute a strategic management plan describing
goals, objectives, and budgetary numbers to facilitate budgets and planning for the next
year. For the IT team this role is expanded to cover all City Departments to ensure that
all initiatives that have IT components are planned and coordinated across the City. This
allows for resource planning and for the IT team to determine overlaps in technology
and services, eliminating duplication and waste.
2. Desktop Application Support
• Installing, configuring and maintaining any additional hardware and software is a
fundamental component of our service. Our goal will be to ensure new products
integrate and work effectively and perform as expected by the City, its staff and its
citizens. InterDev commits to support the entire technology infrastructure for the City
and effectively merging new technology into the environment is part of that
commitment.
3. Server and Workstation Administrative Services
• We utilize ConnectWise for our practice management application and Automate for our
server/desktop monitoring and support application. These best-in-class solutions have
helped InterDev build an impeccable reputation among its clients for IT service and
satisfaction. We envision leveraging this same technology to support efficient service
delivery for the City of Milton. We automate and monitor the patch management process
for servers and workstations to ensure timely implementation of security updates.
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 13
Automation is key to this process as it keeps this tedious yet critical task from being
relegated to the back burner.
• This technology is scalable and
can provide great insight into
the support and optimization of
the City’s environment. We can
accurately track equipment and
software inventory to ensure an
efficient refresh schedule.
InterDev has an established
PC/Server Lifecycle plan for the
City of Milton to ensure that all
desktop and laptop hardware is
up-to-date and stays current
with industry standards.
4. Data Backup and Disaster Recovery
• The foundational underpinning for the City’s technology infrastructure will be the
development and implementation of comprehensive disaster recovery and IT business
continuity plans. These plans will directly influence policy, security, network and
hardware infrastructure and software setup and deployment.
• InterDev will develop a business plan that identifies critical functions, identifies
resources that support the critical functions, develops scenarios for potential disasters,
and develops a strategy for testing and revising the plan. The plan will detail how long it
will take to get back online, what it will cost and what plan is followed in the interim.
5. Network Administration Services
• Our staff has extensive network switching, routing, and security experience. We will
manage all aspects of the City of Milton network, along with looking at ways to improve
IT operations to better serve the staff and citizens of the City. InterDev staff has
experience with multiple VOIP systems, including the City’s Cisco Unified
Communications version 10.5 system.
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 14
6. Telephone, Email, and Security
• InterDev will manage and support the City’s Microsoft Exchange email systems to
provide a safe and secure communications environment for the City. This includes full
archival services during the duration of the contract, to support all local, state and
federal laws and regulatory requirements.
• New user accounts will be set up with appropriate security and access levels, and
existing accounts will be reviewed to ensure they are in compliance. InterDev will engage
in user and group data integration and aggregation to create common contact lists and
facilitate scheduling of individuals and resources for meetings, events and action items.
• InterDev will support the City’s VOIP phone system and work with the vendor to ensure
all necessary updates and upgrades are evaluated and implemented according to City
approved timelines and budgets.
7. Remote Access Administration
• InterDev will provide, monitor, and improve upon any existing VPN system that the City
has been utilizing. We will make sure that all access through the VPN is secured to
comply with various government and industry standards, along with maintain a two-
factor authentication system for access for added security.
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 15
Scope of Work - GIS
GIS has become an integral part of the local government landscape. Many cities are embracing new
technology for improved processes and better decision making by turning to GIS. A properly run
GIS can facilitate innovation beyond just maps. The primary objective is to provide the City with a
senior GIS resource to help deliver the strategic direction of GIS for the City.
InterDev will implement an Enterprise GIS environment using our cloud-based platform called
MosaicGIS and leverage Milton’s investment in the Esri licenses. We will also utilize ArcGIS Online
to provide a high degree of availability to the products and services that will be generated.
The Mosaic environment provides the enterprise platform to rapidly build and deploy the highly
visible deliverables requested by the Milton staff. These include:
• Public facing online maps
• Online Parcel viewer - with zoning and land use
• Stormwater maps
• Stream buffer mapping
• Zoning maps
• Council districts
• Parks and trail maps & Story Maps
• Growth and development overlays
InterDev will provide a skilled GIS professional that will not only work with City departments and
citizens but also collaborate with other members of InterDev’s GIS team to ensure that a steady
flow of ideas and solutions are available. We are very proud of our ability to provide high-level
team knowledge and believe that our “team” approach separates us from most service providers.
This dedicated staff will work with the City’s departments to develop and prioritize longer range
projects which include:
• Stormwater tracking inventory/assets with field data collection
• Sidewalks tracking and planning
• ERP integration
• Public Safety - Zuercher software integration
• Emergency Management Plan integration
• Open data – outreach for community involvement
MosaicGIS™: GIS in the Cloud
InterDev has developed a cloud-based Enterprise GIS solution called MosaicGIS. This solution will
serve as the foundation and complete toolset for InterDev to provide GIS services for the City.
MosaicGIS provides our clients access to an Enterprise GIS environment without the initial capital
investment in hardware, software and ongoing maintenance costs. The secure Cloud platform
provides a ready-to-use environment to produce and publish high profile deliverables in just a few
weeks, not the months required to build the comparable infrastructure locally in Milton.
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 16
Work Plan
InterDev understands the City’s first priority is to migrate off of the current cloud-based solution to
an on premise-based solution. Below is a project plan with phases that summarize how we plan to
approach this major project
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 17
Methodology/Operations
IT Services Offerings
The following tables indicate the services included in InterDev’s standard managed support
services. Non-standard services or items that would be considered projects are listed within each
category. These services will incur additional billing based on the hourly rates of the lowest tier
resource capable of successfully performing the task. Each project or service involving greater than
20 hours of billable time will have an approved Statement of Work (SOW) and Project Plan.
END-USER SUPPORT SERVICES
STANDARD END-USER SUPPORT SERVICES
• Desktop Hardware Support
• Peripheral Device Support
• Version Control
• Lifecycle Management
• Desktop Application Support
• General Application Support
• OS Level Patch Management
• Version Control
• Incident Management
• Purchasing
• Change Management
• Monitoring
• License Management
• Mobile Device Support
NON-STANDARD END-USER SUPPORT SERVICES
Billable services – SOW & Project Plan provided as needed. Billing based on lowest tier
resource capable of doing the work.
• Multi PC rollout (fixed fee $X per PC)
• Multiple PC Disposal
• Large scale mobile device upgrades
• Large scale Desktop App
upgrades/deployments
• Multi PC imaging and deployments
(Service is only non-standard if it is not able
to be completed with onsite
resources/services within requested amount
of time.)
DATA CENTER SERVICES
STANDARD DATA CENTER SERVICES
• Server Hardware Support
• Peripheral Device Support
• Version Control
• Lifecycle Management
• Server Application Support
• General Application Support
• Patch Management
• Version Control
• Purchasing
• Monitoring and Log Management
• Storage Management and Support
• Data Backup and Recovery Management
• Facilities Management Support
• Incident Management
• Problem Management
• Change Management
• License Management
• Patch Management
City of Milton, GA
IT and GIS Managed
Services Pricing
InterDev | Atlanta – Chicago 18
NON-STANDARD DATA CENTER SERVICES
Billable services - SOW & Project Plan provided as needed. Billing based on lowest tier resource
capable of doing the work.
• Multi-Server imaging and deployment
(Service is only non-standard if it is not able
to be completed with onsite
resources/services within requested amount
of time.)
• Multiple Server Disposal
• SAN/NAS Storage upgrade or
replacement
• Large scale OS upgrade
• Large scale App upgrades/deployments
NETWORK SERVICES
STANDARD NETWORK SERVICES
• Network Hardware Management
• Network Application Support
• Wide Area Network (WAN)
Management and Support
• Network Monitoring and Log
Management
• Local Area Network (LAN) (Wired and
Wireless) Management and Support
• Telecommunications Management and
Support
NON-STANDARD NETWORK SERVICES
Billable services - SOW & Project Plan provided as needed. Billing based on lowest tier resource
capable of doing the work.
• Multi Network device rollout (fixed fee
$X per device)
• Multiple Device Disposal
• Large scale OS/Firmware upgrade
• Large scale Network App
upgrades/deployments
• Large Scale Telecom rollout
• Low Voltage Cabling Projects
(management only)
SECURITY SERVICES
STANDARD SECURITY SERVICES
• Basic Firewall Management
• Anti-Virus Management and Support
• Identity and Access Management
NON-STANDARD SECURITY SERVICES
Billable services - SOW & Project Plan provided as needed. Billing based on lowest tier resource
capable of doing the work.
• Full Security Assessment
• Vulnerability Scanning
• SIEM log review & management
• IDS/IPS deployment & management
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 19
OTHER AVAILABLE SERVICES – NON-STANDARD
InterDev offers additional services which are not a component of our standard services bundles.
These services will require an approved Statement of Work and Project Plan, developed in
conjunction with the City to address the needs of the project.
VCIO (VIRTUAL CHIEF INFORMATION OFFICER)
• IT Strategic Planning
• Metrics and Reporting
• IT Service Management
• Process Documentation
• Resource Management
• Innovation and Improvement
• Customer/Business Management
PROFESSIONAL SERVICES
• Advanced Security Services
• Application Development
• Advanced Project Management
GIS Strategy – Situated to Succeed using GIS
InterDev understands the importance of GIS services and data to the day-to-day operations of local
governments. Our team can closely manage the development and maintenance of your Enterprise
GIS environment to ensure it brings positive results and benefits to the City, its staff, and citizens.
The primary objective of the proposed GIS Services are to build and grow the City’s GIS and provide
ongoing proactive GIS services for the City of Milton.
Our strategy for delivering these objectives are as follows:
• Proactively engage City projects with the use of GIS technology
• Provide an onsite GIS resource for ad-hoc mapping and data requests
• Identify the highest demand and easiest applications to create (i.e. a "City Map" general
viewer with zoning, parcels, and council district lookup)
• Increase Milton GIS web presence by highlighting key new projects in press releases and
publish an Open Data portal to efficiently handle data requests and provide access to
authoritative data.
• Empower GIS users at the City with tools to enhance their daily work efforts
• Educate staff, council, and citizens on the capabilities and uses of GIS technology
Coupled with increased service delivery, the alignment of GIS and IT goals with the GIS/IT
infrastructure architecture is an intelligent strategic move for the City. A centrally developed GIS
system will have the potential to connect databases and ideas with all departments. Aligning the
incentives of GIS and IT allows for a wider range of innovation to occur naturally.
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 20
Service Levels and Response Times
InterDev will work with the City to determine the most appropriate levels of support for each
category of incident. This process will ensure InterDev’s response is in sync with the City’s
expectations, business needs and budgets.
Incident Urgency (Categories of Urgency)
Category Description
High (H) • The damage caused by the Incident increases rapidly.
• Work that cannot be completed by staff is highly time sensitive.
• A minor Incident can be prevented from becoming a major Incident by
acting immediately.
• Several users with VIP status are affected.
Medium (M) • The damage caused by the Incident increases considerably over time.
• A single user with VIP status is affected.
Low (L) • The damage caused by the Incident only marginally increases over time.
• Work that cannot be completed by staff is not time sensitive.
Urgency + Impact = Priority
An Incident's priority is usually determined by assessing its impact and urgency, where
• Urgency is a measure how quickly a resolution of the Incident is required
• Impact is measure of the extent of the Incident and of the potential damage caused by the
Incident before it can be resolved.
Incident Impact (Categories of Impact)
Category Description
High (H) • Many staff are affected and/or not able to do their job.
• Many customers are affected and/or acutely disadvantaged in some way.
• The damage to the reputation of the business is likely to be high.
• Someone has been injured.
Medium (M) • A moderate number of staff are affected and/or not able to do their job
properly.
• A moderate number of customers are affected and/or inconvenienced in
some way.
• The damage to the reputation of the business is likely to be moderate.
Low (L) • A minimal number of staff (single user incidents) are affected and/or
able to deliver an acceptable service but this requires extra effort.
• A minimal number of customers are affected and/or inconvenienced but
not in a significant way.
• The damage to the reputation of the business is likely to be minimal.
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 21
The finalized Priority Matrix for each Service Level or SLA layer would resemble the draft version
below. The City’s actual SLA’s will be determined
Impact
H M L
Urgency
H 1 2 3
M 2 3 4
L 3 4 5
Priority
Code Description Target
Response Time
Target
Resolution Time
1 Critical 30 Minutes 1 Hour
2 High 1 hour 8 Hours
3 Medium 4 Hours 24 Hours
4 Low 8 Hours 24 Hours
5 Very low 1 Day 1 Week
An SLA structure such as this helps increase our efficiency and effectiveness dispatching tickets and
getting them resolved in a timely manner. It also helps to set City staff expectations for when they
can expect their incident or service requests to be filled. These levels can be modified by
department if higher response levels are necessary for certain City services (i.e. Public Safety).
City of Milton, GA
IT and GIS Managed
Services Proposal
InterDev | Atlanta – Chicago 22
Appendix – Forms
Attached
City of Milton, GA
IT and GIS Managed
Services Pricing
InterDev | Atlanta – Chicago 0
Cost Proposal
IT and GIS Managed
Services
for
City of Milton, GA
October 11, 2018
City of Milton, GA
IT and GIS Managed
Services - Cost Proposal
InterDev | Atlanta – Chicago 1
Letter of Understanding
City of Milton, GA
Finance Department
Honor Motes, Procurement Manager
2006 Heritage Walk
Milton, GA 30004
Dear Mrs. Motes,
InterDev is pleased to respond to City of Milton’s Request for Proposal, “Comprehensive Managed
Services for IT and GIS”. InterDev is proud of its public-private partnerships with the various
government agencies that rely on our comprehensive services to support their daily operations.
InterDev is a premier provider of Government Information Technology and GIS Services, and as
such will be responding to this RFP. The following resource will be InterDev’s primary contact for
the City in this regard.
Gary Nichols, CEO
InterDev
2650 Holcomb Bridge Road, Suite 120
Alpharetta, GA 30022
gnichols@interdev.com
770‐643‐4400 main
www.interdev.com
Fed EIN: 58‐2553449
E‐Verify Company ID: 289161 Date: 12/11/09
We welcome the opportunity to partner with the staff and citizens of the City of Milton. The pricing
and services offered in this response will remain valid for 90-days.
Sincerely,
Gary Nichols, CEO
InterDev, LLC
City of Milton, GA
IT and GIS Managed
Services - Cost Proposal
InterDev | Atlanta – Chicago 2
Cost Proposal ‐ Proposed Services and Fees
**Note: The services and pricing on the following pages are based on InterDev’s primary recommendation for the
City. We welcome the opportunity to further discuss our rationale and justification in the near future. **
IT and GIS Staffing Rationale
We believe the City’s desire to obtain a higher level of Security, Automation, and Customer Service
as well as service maintenance and management of its network infrastructure and vendor relations,
warrants a comprehensive Managed Services Plan with:
Daily onsite IT Support Staff (Includes Public Safety Support)
Remote Helpdesk Support (available 7X24)
vCIO‐ IT Manager and Project Manager Services – Twenty (20) hours per month
GIS Analyst – (3 Days per Week)
Additional resources (as shown in Organization Chart) will be assigned during the transition time
and will be available thereafter at a reduced hourly rate for City projects and planning.
City of Milton, GA
IT and GIS Managed
Services - Cost Proposal
InterDev | Atlanta – Chicago 3
IT SERVICES OFFERING
The following tables indicate the services included in InterDev’s standard managed support
services. Non-standard services or items that would be considered projects are listed within each
category. These services will incur additional billing based on the hourly rates of the lowest tier
resource capable of successfully performing the task. Each project or service involving greater than
20 hours of billable time will have an approved Statement of Work (SOW) and Project Plan.
END‐USER SUPPORT SERVICES
STANDARD END‐USER SUPPORT SERVICES
Desktop Hardware Support
Peripheral Device Support
Version Control
Lifecycle Management
Desktop Application Support
General Application Support
OS Level Patch Management
Version Control
Incident Management
Purchasing
Change Management
Monitoring
License Management
Mobile Device Support
NON‐STANDARD END‐USER SUPPORT SERVICES
Billable services – SOW & Project Plan provided as needed. Billing based on lowest tier
resource capable of doing the work.
Multi PC rollout (Service is only non‐
standard if it is not able to be completed with
onsite resources/services within requested
amount of time.)
Multiple PC Disposal
Large scale OS upgrade
Large scale Desktop App
upgrades/deployments
Large scale mobile device upgrades
Multi PC imaging and deployments
(Service is only non‐standard if it is not able
to be completed with onsite
resources/services within requested amount
of time.)
DATA CENTER SERVICES
STANDARD DATA CENTER SERVICES
Server Hardware Support
Peripheral Device Support
Version Control
Lifecycle Management
Server Application Support
General Application Support
Patch Management
Version Control
Purchasing
Monitoring and Log Management
Storage Management and Support
Data Backup and Recovery Management
Facilities Management Support
Incident Management
Problem Management
Change Management
License Management
Patch Management
City of Milton, GA
IT and GIS Managed
Services - Cost Proposal
InterDev | Atlanta – Chicago 4
NON‐STANDARD DATA CENTER SERVICES
Billable services - SOW & Project Plan provided as needed. Billing based on lowest tier resource
capable of doing the work.
Multi-Server imaging and deployment
Multiple Server Disposal
SAN/NAS Storage upgrade or
replacement
Large scale OS upgrade
Large scale App upgrades/deployments
NETWORK SERVICES
STANDARD NETWORK SERVICES
Network Hardware Management
Network Application Support
Wide Area Network (WAN)
Management and Support
Network Monitoring and Log
Management
Local Area Network (LAN) (Wired and
Wireless) Management and Support
Telecommunications Management and
Support
NON‐STANDARD NETWORK SERVICES
Billable services - SOW & Project Plan provided as needed. Billing based on lowest tier resource
capable of doing the work.
Multi Network device rollout
Multiple Device Disposal
Large scale OS/Firmware upgrade
Large scale Network App
upgrades/deployments
Large Scale Telecom rollout
Low Voltage Cabling Projects
(management only)
SECURITY SERVICES
STANDARD SECURITY SERVICES
Basic Firewall Management
Anti-Virus Management and Support
Identity and Access Management
NON‐STANDARD SECURITY SERVICES
Billable services - SOW & Project Plan provided as needed. Billing based on lowest tier resource
capable of doing the work.
Full Security Assessment
Vulnerability Scanning
SIEM log review & management
Penetration Testing
IDS/IPS deployment & management
City of Milton, GA
IT and GIS Managed
Services - Cost Proposal
InterDev | Atlanta – Chicago 5
OTHER AVAILABLE SERVICES – NON‐STANDARD
InterDev offers additional services which are not a component of our standard services bundles.
These services will require an approved Statement of Work and Project Plan, developed in
conjunction with the City to address the needs of the project.
VCIO (VIRTUAL CHIEF INFORMATION OFFICER)
IT Strategic Planning
Metrics and Reporting
IT Service Management
Process Documentation
Resource Management
Innovation and Improvement
Customer/Business Management
PROFESSIONAL SERVICES
Advanced Security Services
Application Development
Advanced Project Management
City of Milton, GA
IT and GIS Managed
Services - Cost Proposal
InterDev | Atlanta – Chicago 6
Pricing Tables
IT Services
The following table includes InterDev’s recommended Service Categories and resources for the City
of Milton’s Information Technology Department and their corresponding rates. IT Support Services
are planned for all standard services geared for a municipal environment.
The Staffing model includes onsite Systems Engineering and Administration, Remote Helpdesk
Services (available 7x24), and Virtual CIO (vCIO) and Project Manager Services. The CIO
activities include resource management, technology planning, City monthly senior staff meetings,
documentation and monthly/quarterly reporting as agreed upon with City staff.
IT Services Cost Summary Monthly Cost
Monthly Tech Support Fee (per user fee $120 x 175 users) $21,000
vCIO and Project Manager (20 hours per month) $1,600
Proactive Monitoring and Patching $1,029
Managed Anti‐Virus $1,005
Site Management Fee $500
Monthly Total $25,134
Startup Services (onetime fee) waived
Up to 4% Escalator shall apply at anniversary of agreement
Pricing Adjustment “True Up” Schedule
The monthly tech support fee is based off a per user charge, which InterDev will perform a “true
up” or adjustment of quarterly. The “true up” will adjust billing for the next quarter based on the
total number of confirmed users by the City. The City of Milton will only pay for the number of
users that are active at the time of the “true up”. If there is an increase in user count from the
previous “true up” InterDev will only bill the City the difference for the last 30 days of services.
Profiles for the InterDev Management team are included in the body of this proposal. InterDev will provide any
additional information regarding each participant upon request. Due to the sensitive nature of the data
managed by InterDev at our Public‐Sector clients, and in accordance with State and Federal laws, all InterDev
government team members have participated in official FBI ‐ Criminal Justice Information Systems (CJIS)
training. All members of the transition team have undergone thorough background checks by multiple
municipalities, state and federal agencies. All additional staff members assigned to support the City of Milton will
be subject to InterDev’s rigorous internal background checks and any City background investigations requested.
City of Milton, GA
IT and GIS Managed
Services - Cost Proposal
InterDev | Atlanta – Chicago 7
GIS Service Options
The table below outlines the options of staffing an InterDev GIS resource from a monthly
management level to weekly analyst support. This table also shows the recommended option of
using MosaicGIS™, our cloud-based GIS Enterprise environment in conjunction with the onsite
staffing options. We welcome the opportunity to discuss these options in further detail with the
City.
Staffing and Implementation
InterDev is providing a staffing option for onsite GIS support on a weekly basis (3 days per week).
InterDev and Milton will discuss the most appropriate licensing and installation options for the
City’s GIS environment. InterDev’s hosted MosaicGIS Enterprise GIS service will be considered as
well as in-house options residing on the City’s server and storage infrastructure.
GIS Services Options
GIS Analyst II Support
(3 days/week)
Direct Labor Cost and Services $8,917
Monthly Cost $8,917
City of Milton, GA
IT and GIS Managed
Services - Cost Proposal
InterDev | Atlanta – Chicago 8
Project Management Services
Our Project Management resources will primarily be needed for the City’s current and future
software automation projects. All hours will be part of approved Statements of Work (SOWs) and
will be billed hourly as used.
Resource Hourly Rate
Project Manager $80.09
Additional Available Resources
History has shown, most if not all companies and municipalities encounter issues over time
which require higher level resources and expertise to rectify. We have provided a listing of
additional resources available from InterDev and their hourly rates in the table below.
Hourly Resources and Services As Needed
Hourly Rate
Additional Technical Consulting Resources:
Virtual Chief Information Officer $120.00
Systems Engineer Tier III $120.00
Systems Engineer Tier I $72.00
Security Engineer * $120.00
Sr. Project Manager * $96.00
GIS Services:
GIS Analyst II $96.00
GIS Analyst I $72.00
*[denotes as needed Transition Resources available at $95/hour during first
90 days of this contract]
EXHIBIT “C”
See Exhibits “A” and “B”
EXHIBIT “D”
STATE OF ____________
COUNTY OF ___________
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance
of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the
federal work authorization program commonly known as E-Verify, or any subsequent replacement
program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.
Furthermore, the undersigned contractor will continue to use the federal work authorization program
throughout the contract period and the undersigned contractor will contract for the physical performance of
services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor
with the information required by O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
_________________________________
Federal Work Authorization User Identification
Number
_________________________________
Date of Authorization
InterDev, LLC
Name of Contractor
Comprehensive Managed Services for IT and
GIS
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on _________, 20___ in
_____________________ (city), ______ (state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF
______________, 20___.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
_________________________________
EXHIBIT “E”
STATE OF _____________
COUNTY OF ___________
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical
performance of services under a contract with InterDev, LLC (name of contractor) on behalf of the City of
Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program
commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor
will continue to use the federal work authorization program throughout the contract period, and the
undersigned subcontractor will contract for the physical performance of services in satisfaction of such
contract only with sub-subcontractors who present an affidavit to the subcontractor with the information
required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of
the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt.
If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any
other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business
days of receipt, a copy of the notice to the contractor.
Subcontractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
_________________________________
Federal Work Authorization User Identification
Number
_________________________________
Date of Authorization
_________________________________
Name of Subcontractor
Comprehensive Managed Services for IT and
GIS
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on _________, 20__ in
_____________________ (city), ______ (state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF
______________, 20___.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
_________________________________
EXHIBIT “F”
The following individuals are designated as Key Personnel under this Agreement and, as
such, are necessary for the successful prosecution of the Work: See Exhibit “B”
MILT N'�
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 15, 2018
FROM: Steven Krokoff, City Manager P
AGENDA ITEM: Approval of the Audit Engagement Letter with Mauldin &
Jenkins, LLC to Audit the City's Financial Statements for the
Fiscal Year Ending September 30, 2018.
MEETING DATE: Monday, October 22, 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: (V(ES () NO
CITY ATTORNEY REVIEW REQUIRED: (KYES () NO
APPROVAL BY CITY ATTORNEY: (JXPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 101 LL) Zf''"t
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
MAULDIN
& ENKINS
October 9, 2018
Honorable Mayor and Members of the
City Council and City Manager
City of Milton, Georgia
2006 Heritage Walk
Milton, Georgia 30004
Attn: Stacey Inglis, Assistant City Manager
We are pleased to confirm our understanding of the services we are to provide the City of Milton,
Georgia (the City) for the year ended September 30, 2018. These services will be provided
pursuant to and in accordance with the terms provided in the Professional Services Agreement,
dated November 5, 2012. We will audit the financial statements of the governmental activities,
each major fund, and the aggregate remaining fund information, including the related notes to the
financial statements, which collectively comprise the basic financial statements, of the City of
Milton, Georgia as of and for the year then ended. Accounting standards generally accepted in the
United States of America provide for certain required supplementary information (RSI), such as
management's discussion and analysis (MD&A), to supplement the City's basic financial
statements. Such information, although not a part of the basic financial statements, is required by
the Govermnental Accounting Standards Board who considers it to be an essential part of financial
reporting for placing the basic financial statements in an appropriate operational, economic, or
historical context. As part of our engagement, we will apply certain limited procedures to the
City's RSI in accordance with auditing standards generally accepted in the United States of
America. These limited procedures will consist of inquiries of management regarding the methods
of preparing the information and comparing the information for consistency with management's
responses to our inquiries, the basic financial statements, and other knowledge we obtained during
our audit of the basic financial statements. We will not express an opinion or provide any
assurance on the information because the limited procedures do not provide us with sufficient
evidence to express an opinion or provide any assurance. The following RSI is required by U.S.
generally accepted accounting principles and will be subjected to certain limited procedures, but
will not be audited:
1. Management's Discussion and Analysis (MD&A).
2. Schedule of Changes in the City's Net Pension Liability and Related Ratios.
3. Schedule of City Contributions — Pension Plan.
4. Budgetary comparisons for the General Fund and Major Special Revenue Funds.
200 GALLERIA PARKWAY S.E., SUITE 1700 • ATLANTA, GA 30339-5946. 770-955-8600. 800-277-0080 • FAX 770-980-4489 • www.mjcpa.com
Members of The American hrstitute of Certified Public Accornrtarts
City of Milton - 2018 Engagement Letter
October 9, 2018
Page 2
We have also been engaged to report on supplementary information other than RSI that
accompanies the City's financial statements. We will subject the following supplementary
information to the auditing procedures applied in our audit of the financial statements and certain
additional procedures, including comparing and reconciling such information directly to the
underlying accounting and other records used to prepare the financial statements or to the financial
statements themselves, and other additional procedures in accordance with auditing standards
generally accepted in the United States of America and will provide an opinion on it in relation to
the financial statements as a whole:
1. Schedule of Projects Constructed with Transportation Special Purpose Local Option Sales
Tax Proceeds.
2. Combining and individual fund statements.
The following other information accompanying the financial statements will not be subjected to
the auditing procedures applied in our audit of the financial statements, we have no responsibility
for determining whether such other information is properly stated, and our auditor's report will not
provide an opinion or any assurance on that information:
1. Introductory section
2. Statistical section
Audit Objectives
The objective of our audit is the expression of opinions as to whether your basic financial
statements are fairly presented, in all material respects, in conformity with U.S. generally accepted
accounting principles and to report on the fairness of the supplementary information referred to in
the second paragraph when considered in relation to the financial statements as a whole. Our audit
will be conducted in accordance with auditing standards generally accepted in the United States of
America and the standards for financial audits contained in Government Auditing Standards,
issued by the Comptroller General of the United States, and will include tests of the accounting
records of the City of Milton, Georgia and other procedures we consider necessary to enable us to
express such opinions. We will issue a written report upon completion of our audit of the City's
financial statements. Our report will be addressed to the Members of the City Council for the City
of Milton, Georgia. We cannot provide assurance that unmodified opinions will be expressed.
Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis -
of -matter or other -matter paragraphs. If our opinions on the financial statements are other than
unmodified, we will fully discuss the reasons with you in advance. If, for any reason, we are
unable to complete the audit or are unable to form or have not formed opinions, we may decline
to express opinions or to issue reports, or may withdraw from this engagement.
JAULDIN
& ENKINS
City of Milton - 2018 Engagement Letter
October 9, 2018
Page 3
We will also provide a report (that does not include an opinion) on internal control related to the
financial statements and compliance with the provisions of laws, regulations, contracts, and grant
agreements, noncompliance with which could have a material effect on the financial statements as
required by Government Auditing Standards. The report on internal control and on compliance
and other matters will include a paragraph that states that the purpose of the report is solely to
describe the scope of testing of internal control over financial reporting and compliance, and the
results of that testing, and not to provide an opinion on the effectiveness of the entity's internal
control over financial reporting or on compliance, and that the report is an integral part of an audit
performed in accordance with Government Auditing Standards in considering the entity's internal
control over financial reporting and compliance. The paragraph will also state that the report is
not suitable for any other purpose.
If during our audit we become aware that the City is subject to an audit requirement that is not
encompassed in the terms of this engagement, we will communicate to management and those
charged with governance that an audit in accordance with U.S. generally accepted auditing
standards and the standards for financial audits contained in Government Auditing Standards may
not satisfy the relevant legal, regulatory, or contractual requirements.
Management Responsibilities
Management is responsible for the basic financial statements and all accompanying information
as well as all representations contained therein.
Management is responsible for designing, implementing, establishing, and maintaining effective
internal controls relevant to the preparation and fair presentation of financial statements that are
free from material misstatement, whether due to fraud or error, including evaluating and
monitoring ongoing activities, to help ensure that appropriate goals and objectives are met;
following laws and regulations; and ensuring that management and financial information is reliable
and properly reported. Management is also responsible for implementing systems designed to
achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are
also responsible for the selection and application of accounting principles, for the preparation and
fair presentation of the financial statements and all accompanying information in conformity with
U.S. generally accepted accounting principles, and for compliance with applicable laws and
regulations and the provisions of contracts and grant agreements.
Management is also responsible for making all financial records and related information available
to us and for the accuracy and completeness of that information. You are also responsible for
providing us with (1) access to all information of which you are aware that is relevant to the
preparation and fair presentation of the financial statements, (2) additional information that we
may request for the purpose of the audit, and (3) unrestricted access to persons within the
government from whom we determine it necessary to obtain audit evidence.
AULDIN
& ENKINS
City of Milton - 2018 Engagement Letter
October 9, 2018
Page 4
Your responsibilities include adjusting the financial statements to correct material misstatements
and confirming to us in the written representation letter that the effects of any uncorrected
misstatements aggregated by us during the current engagement and pertaining to the latest period
presented are immaterial, both individually and in the aggregate, to the financial statements taken
as a whole.
You are responsible for the design and implementation of programs and controls to prevent and
detect fraud, and for informing us about all known or suspected fraud affecting the government
involving (1) management, (2) employees who have significant roles in internal control, and (3)
others where the fraud could have a material effect on the financial statements. Your
responsibilities include informing us of your knowledge of any allegations of fraud or suspected
fraud affecting the government received in communications from employees, former employees,
grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that
the government complies with applicable laws, regulations, contracts, agreements, and grants and
for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of
laws, regulations, contracts or grant agreements, or abuse that we report.
You are responsible for the preparation of the supplementary information, which we have been
engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree
to include our report on the supplementary information in any document that contains and indicates
that we have reported on the supplementary information. You also agree to include the audited
financial statements with any presentation of the supplementary information that includes our
report thereon or make the audited financial statements readily available to users of the
supplementary information no later than the date the supplementary information is issued with our
report thereon. Your responsibilities include acknowledging to us in the written representation
letter that (1) you are responsible for presentation of the supplementary information in accordance
with GAAP; (2) you believe the supplementary information, including its form and content, is
fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have
not changed from those used in the prior period (or, if they have changed, the reasons for such
changes): and (4) you have disclosed to us any significant assumptions or interpretations
underlying the measurement or presentation of the supplementary information.
With regard to an exempt offering document with which Mauldin & Jenkins is not involved, you
agree to clearly indicate in the exempt offering document that Mauldin & Jenkins is not involved
with the contents of such offering document.
Management is responsible for establishing and maintaining a process for tracking the status of
audit findings and recommendations. Management is also responsible for identifying and
providing report copies of previous financial audits, attestation engagements, perfonnance audits
or other studies related to the objectives discussed in the Audit Objectives section of this letter.
This responsibility includes relaying to us corrective actions taken to address significant findings
and recommendations resulting from those audits, attestation engagements, performance audits, or
studies. You are also responsible for providing management's views on our current findings,
conclusions, and recommendations, as well as your planned corrective actions, for the report, and
for the timing and format for providing that information.
AULDIN
& ENKINS
City of Milton - 2018 Engagement Letter
October 9, 2018
Page 5
With regard to the electronic dissemination of audited financial statements, including financial
statements published electronically on your website, you understand that electronic sites are a
means to distribute information and, therefore, we are not required to read the information
contained in these sites or to consider the consistency of other information in the electronic site
with the original document.
You agree to assume all management responsibilities relating to the financial statements and
related notes and any other nonaudit services we provide. You will be required to acknowledge in
the management representation letter our assistance with preparation of the financial statements
and related notes and that you have reviewed and approved the financial statements and related
notes prior to their issuance and have accepted responsibility for them. You agree to oversee the
nonaudit services by designating an individual, preferably from senior management, who
possesses suitable skill, knowledge, or experience; evaluate the adequacy and results of those
services; and accept responsibility for them.
Audit Procedures—General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in
the financial statements; therefore, our audit will involve judgment about the number of
transactions to be examined and the areas to be tested. An audit also includes evaluating the
appropriateness of accounting policies used and the reasonableness of significant accounting
estimates made by management, as well as evaluating the overall presentation of the financial
statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance
about whether the financial statements are free of material misstatement, whether from (1) errors,
(2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or
governmental regulations that are attributable to the government or to acts by management or
employees acting on behalf of the government. Because the determination of abuse is subjective,
Government Auditing Stan4ards do not expect auditors to provide reasonable assurance of
detecting abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal
control, and because we will not perform a detailed examination of all transactions, there is a risk
that material misstatements may exist and not be detected by us, even though the audit is properly
planned and performed in accordance with U.S. generally accepted auditing standards and
Government Auditing Standards. In addition, an audit is not designed to detect immaterial
misstatements or violations of laws or governmental regulations that do not have a direct and
material effect on the financial statements. However, we will inform the appropriate level of
management of any material errors, any fraudulent financial reporting or misappropriation of
assets that come to our attention. We will also inform the appropriate level of management of any
violations of laws or governmental regulations that come to our attention, unless clearly
inconsequential, and of any material abuse that comes to our attention. Our responsibility as
auditors is limited to the period covered by our audit and does not extend to any later periods for
which we are not engaged as auditors.
81AULDIN
, ENKINS
City of Milton - 2018 Engagement Letter
October 9, 2018
Page 6
Our procedures will include tests of documentary evidence supporting the transactions recorded
in the accounts, and may include direct confirmation of receivables and certain other assets and
liabilities by correspondence with selected individuals, funding sources, creditors, and financial
institutions. We will request written representations from your attorneys as part of the
engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit,
we will require certain written representations from you about your responsibilities for the
financial statements; compliance with laws, regulations, contracts, and grant agreements; and other
responsibilities required by generally accepted auditing standards.
Audit Procedures—Internal Control
Our audit will include obtaining an understanding of the government and its environment,
including internal control, sufficient to assess the risks of material misstatement of the financial
statements and to design the nature, timing, and extent of further audit procedures. Tests of
controls may be performed to test the effectiveness of certain controls that we consider relevant to
preventing and detecting errors and fraud that are material to the financial statements and to
preventing and detecting misstatements resulting from illegal acts and other noncompliance
matters that have a direct and material effect on the financial statements. Our tests, if performed,
will be less in scope than would be necessary to render an opinion on internal control and,
accordingly, no opinion will be expressed in our report on internal control issued pursuant to
Government Auditing Standards.
An audit is not designed to provide assurance on internal control or to identify significant
deficiencies or material weaknesses. However, during the audit, we will communicate to
management and those charged with governance internal control related matters that are required
to be communicated under AICPA professional standards and Government Auditing Standards.
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of
material misstatement, we will perform tests of the City of Milton, Georgia's compliance with the
provisions of applicable laws, regulations, contracts, agreements, and grants. However, the
objective of our audit will not be to provide an opinion on overall compliance and we will not
express such an opinion in our report on compliance issued pursuant to Government Auditing
Standards.
Other Services
We will also assist in preparing the financial statements and related notes of the City in conformity
with U.S. generally accepted accounting principles based on information provided by you. These
nonaudit services do not constitute an audit under Government Auditing Standards and such
services will not be conducted in accordance with Government Auditing Standards. We will
perform these services in accordance with applicable professional standards. The other services
are limited to the financial statements and related notes services previously defined. We, in our
sole professional judgement, reserve the right to refuse to perform any procedure or take any action
that could be construed as assuming management responsibilities.
AULDIN
& ENKINS
City of Milton - 2018 Engagement Letter
October 9, 2018
Page 7
Audit Administration, Fees, and Other
We understand that your employees will prepare all cash or other confirmations we request and
will locate any documents selected by us for testing.
We will provide copies of our reports to the City of Milton, Georgia; however, management is
responsible for distribution of the reports and financial statements. Unless restricted by law or
regulation, or containing privileged and confidential information, copies of our reports are to be
made available for public inspection.
The audit documentation for this engagement is the property of Mauldin & Jenkins and constitutes
confidential information. However, pursuant to authority given by law or regulation, we may be
requested to make certain audit documentation available to a federal agency providing direct or
indirect funding, or the U.S. Government Accountability Office for purposes of a quality review
of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you
of any such request. If requested, access to such audit documentation will be provided under the
supervision of Mauldin & Jenkins personnel. Furthermore, upon request, we may provide copies
of selected audit documentation to the aforementioned parties. These parties may intend, or decide,
to distribute the copies or information contained therein to others, including other governmental
agencies.
The audit documentation for this engagement will be retained for a minimum of five years after
the report release date or for any additional period requested by a regulatory body. If we are aware
that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we
will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit
documentation.
We expect to begin our audit on approximately January 21, 2019 and to issue our reports no later
than March 31, 2019. Adam Fraley is the engagement partner and is responsible for supervising
the engagement and signing the reports or authorizing another individual to sign them. Our fee
for these services will be $34,500 for the year ended September 30, 2018. This fee includes
consideration for the performance of a Single Audit of one major program. If additional major
programs are required, additional fees will apply. Our hourly rates vary according to the degree
of responsibility involved and the experience level of the personnel assigned to your audit. Our
invoices for these fees will be rendered as work progresses and are payable upon presentation. The
above fees are based on anticipated cooperation from your personnel (including complete and
timely receipt by us of the information on the respedtive client participation listings to be prepared
annually) and the assumption that unexpected circumstances (including scope changes) will not
be encountered during the audit. If significant additional time is necessary, we will discuss it with
management and arrive at a new fee estimate confirmed in a change order duly executed pursuant
to Section 2 of the Professional Services Agreement.
AULDIN
& ENKINS
City of Milton - 2018 Engagement Letter
October 9, 2018
Page 8
As a result of our prior or future services to you, we might be requested or required to provide
information or documents to you or a third party in a legal, administrative, arbitration, or similar
proceeding in which we are not a party. If this occurs, our efforts in complying with such requests
will be deemed billable to you as a separate engagement. We shall be entitled to compensation for
our time and reasonable reimbursement for our expenses (including legal fees) in complying with
the request. For all requests we will observe the confidentiality requirements of our profession
and will notify you promptly of the request.
The City may publish or otherwise reproduce the financial statements or include our report on the
financial statements in an official statement or other document involved with the sale of debt
instruments without our consent, provided that our report and the financial statements will be
included in their entirety without modification and the following language will be included in the
official statement or other document:
Mauldin & Jenkins, LLC, our independent auditor, has not been engaged to pel form and
has not pef formed, since the date of its report included herein, any procedures on the
financial statements addressed in that report. Mauldin & Jenkins, LLC also has not
performed any procedures relating to this official statement.
Both we and the City acknowledge that it is prohibited for any person to offer, give, or agree to
give any City employee or official, or for any City employee or official to solicit, demand, accept,
or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer
of employment in connection with any decision, approval, disapproval, recommendation, or
preparation of any part of a program requirement or a purchase request, influencing the content of
any specification or procurement standard, rendering of advice, investigation, auditing, or in any
other advisory capacity in any proceeding or application, request for ruling, determination, claim
or controversy, or other particular matter, pertaining to any program requirement or a contract or
subcontract, or to any solicitation or proposal thereof. No subcontractor or subconsultant
arrangement is permitted by this agreement, and both we and the City further acknowledge that it
is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a
sub -consultant under a contract to the prime contractor or higher tier sub -consultant, or any person
associated therewith, as an inducement for the award of a subcontract or order (if any).
In accordance with Title VI of the Civil Rights Act, 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, we agree that, during performance of this agreement, we will not discriminate against any
employee or applicant for employment or any supplier because of race, color, creed, national
origin, gender, age or disability. In addition, we agree to comply with all applicable implementing
regulations.
AULDIN
& ENKINS
City of Milton - 2018 Engagement Letter
October 9, 2018
Page 9
Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical
performance of services unless we have provided evidence on City -provided forms, attached
hereto as Exhibits "A" (affidavit 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 we
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 we will continue
to use the federal work authorization program throughout the contract period.
We hereby verify that we have, prior to executing this Agreement, executed a notarized affidavit,
the form of which is provided in Exhibit "A", and submitted such affidavit to you. Further, we
hereby agree to comply with the requirements of the federal Immigration Reform and Control Act
of 1986 CIRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-
10-1-.02.
The City Manager or his/her designee shall be authorized to conduct an inspection of our
verification process at any time to determine that the verification was correct and complete. We
shall retain all documents and records of their respective verification process for a period of five
(5) years following completion of the contract. Further, the City Manager or his/her designee shall
be authorized to conduct periodic inspections to ensure that no City contractor employs
unauthorized aliens on your contracts. By entering into a contract with you, we agree to cooperate
with any such investigation by making their records and personnel available upon reasonable
notice for inspection and questioning. Where we are found to have employed an unauthorized
alien, the City Manager or his/her designee may report same to the Department of Homeland
Security. Our failure to cooperate with the investigation may be sanctioned by termination of the
contract, and we shall be liable for all damages and delays occasioned by you thereby.
We agree that the employee -number category designated below is applicable to us.
500 or more employees.
X 100 or more employees.
Fewer than 100 employees.
We warrant that we will utilize no subcontractors in doing the work.
The above requirements shall be in addition to the requirements of State and federal law, and shall
be construed to be in conformity with those laws.
This agreement is entered into as of the date both parties have signed below.
The individual executing this agreement on behalf of Mauldin & Jenkins, LLC covenants and
declares that it has obtained all necessary approvals of Mauldin & Jenkins, LLC's members, to
simultaneously execute and bind Mauldin & Jenkins, LLC to the terms of this agreement, if
applicable.
IAULDIN
& ENKINS
City of Milton - 2018 Engagement Letter
October 9, 2018
Page 10
We appreciate the opportunity to be of service to the City of Milton, Georgia and believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions, please
let us know. If you agree with the terms of our engagement as described in this letter, please sign
the enclosed copy and return it to us.
Sincerely,
MAULDIN & JENKINS, LLC
Adam M. Fraley
RESPONSE:
This letter correctly sets forth the understanding of the City of Milton, Georgia.
Title: Mayor
Date:
By:
Title: City Manager or Finance Director
Date:
Attest:
By:
Title: Cily Clerk
APPROVED AS TO FORM:
By:
Title: City Attorney
Date:
AULDIN
& ENKINS
City of Milton - 2018 Engagement Letter
October 9, 2018
Page 11
Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)
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 (name of public employer) 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:
105q 10
Federal Work Authorization User Identification Number
3//(0 /zo(5 W
Date of Authorization
ACh 1A -�n -4 "P 0 )-
Name of Contractor
F:c,aoc;c� 1 s=ra+2rc�en-c
Name of Project
Name of Public Employer
I hereby declare under penalty of perjury that the foregoing is true and correct.
Executed on �O, °, 2018 in 0-4'�0-* t-- (city),�Gt _JM.'(state).
Signkture of ��A��u��thorized Officer or Agent
'KCL t- e -n l �Jh a c_�°_ r CM-Vt 0 l e r
Printed Name and Title of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE /99 DAY OF&10-01,f.
LA-�� %
NOTARY PUBLIC �
C
do
My CommissionerExpires:-L"`'�l
1' R'9QIA
1AULDIN
& ENKINS
MILT
N'lil
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE:: October 16, 2018
FROM: Steven Krokoff, City Manager`./
AGENDA ITEM: Approval of Subdivision Plats and Revisions Approval
MEETING DATE: Monday, October 22, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ()APPROVED
CITY ATTORNEY APPROVAL RE
QUI RED: () YES
() YES
() APPROVED
CITY ATTORNEY REVIEW REQUIRED
APPROVAL BY CITY ATTORNEY:
PLACED ON AGENDA FOR
(J NOT APPROVED
(-7v`NO
(,ANO
(J NOT APPROVED
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us
0000
To: Honorable Mayor and City Council Members
From: Carter Lucas, Interim Community Development Director
Date: Submitted on October 16, 2018 for the October 22, 2018 Regular
Council Meeting
Agenda Item: Approval of Subdivision Plats and Revisions Approval
____________________________________________________________________________
Department Recommendation:
To approve the subdivision related plats and revisions as stated below.
Executive Summary:
The Milton Subdivision Regulations require that the Mayor and City Council approve all
Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been
reviewed and certified by the Community Development Director in accordance with
the Subdivision Regulations.
1. The Larry D & Marilyn Willis minor plat described herein consists of a 7.66 acre
parcel located at 13475 Birmingham Highway to be subdivided into 3 lots. The
size of the lots range from 1.19 acres to 4.97 acres.
2. The Brenda Ely minor plat described herein consists of two parcels located at
14505 Cogburn Road to be subdivided into 3 lots. The size of the revised lots
range from 1.00 acres to 3.03 acres.
3. The Boonruang minor plat described herein consists of a 2.89 acre parcel
located at 14080 Freemanville Road to be subdivided into 2 lots. The size of the
lots range from 1.19 acres to 1.69 acres.
4. The Reece Farm minor plat described herein consists of an 8.26 acre parcel
located at 14520 Thompson Road to be subdivided into 3 lots. The size of the lots
range from 1.91 acres to 4.56 acres.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
Consent Agenda Plats Staff Memo
Page 2 of 11
None – not required.
Concurrent Review:
Steven Krokoff, City Manager
Attachment(s):
Plat List, Location Map, Plats
Name of Development / Location Action Comments
/ # lots
Total
Acres Density
1. Larry D. & Marilyn Willis
LL 954
13475 Birmingham Highway
Minor
Plat 3 lots 7.66 .39 Lots / acre
2. Brenda Ely
LL 690
14505 Cogburn Road
Minor
Plat 3 lots 5.35 .56 Lots / acre
3. Boonruang
LL 772 & 813
14080 Freemanville Road
Minor
Plat 2 lots 2.89 .69 Lots / acre
4. Reece Farm
LL 674
14520 Thompson Road
Minor
Plat 3 lots 8.26 .36 Lots / acre
Consent Agenda Plats Staff Memo
Page 3 of 11
Consent Agenda Plats Staff Memo
Page 4 of 11
Consent Agenda Plats Staff Memo
Page 5 of 11
Consent Agenda Plats Staff Memo
Page 6 of 11
Consent Agenda Plats Staff Memo
Page 7 of 11
Consent Agenda Plats Staff Memo
Page 8 of 11
Consent Agenda Plats Staff Memo
Page 9 of 11
Consent Agenda Plats Staff Memo
Page 10 of 11
Consent Agenda Plats Staff Memo
Page 11 of 11
ME
MILTON
ESTABLISHED 2006
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
CITY COUNCIL AGENDA ITEM
City Council
DATE: October 18, 2018
Steven Krokoff, City Manager
Proclamation Recognizing Breast Cancer Awareness Month.
Monday, October 22, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ]S(( APPROVED () NOT APPROVE�6�'4�
CITY ATTORNEY APPROVAL REQUIRED: () YES () NO
CITY ATTORNEY REVIEW REQUIRED: () YES () 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
I ® 0 of
2018 National Breast Cancer Awareness Month
WHEREAS, October is National Breast Cancer Awareness Month; and
WHEREAS, breast cancer is the second most common cancer among women, after
skin cancer; and
WHEREAS, one in eight women will be diagnosed with breast cancer at some point in
their life; and
WHEREAS, over 260,000 women and approximately 2,600 men will likely be diagnosed
with breast cancer in 2018 and about 40,000 women will die from the
disease; and
WHEREAS, in 2018, there are more than 2.8 million women with a history of breast
cancer in the United States. This includes women currently being treated
and women who have finished treatment; and
WHEREAS, every woman is at risk for breast cancer even if she has no family history or
other risk factors of the disease; and
WHEREAS, the percentage of survivors, 5 years or more after being diagnosed, is now
89.7% because of the efforts of various organizations have made regular
contributions to spreading breast cancer awareness through outreach
education and screening programs, and, have empowered women with
the life-saving message of early detection and the importance of having
annual mammograms.
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, Georgia hereby
dedicate and proclaim October as NATIONAL BREAST CANCER AWARENESS MONTH in the
City of Milton and call this observance to the attention of all of our citizens.
Given under my hand and seal of the City of Milton, Georgia on this 22nd day of
October, 2018.
______________________
Joe Lockwood, Mayor
MILTC)N%
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 15, 2018
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of ZM18-02/ VC18-08 - Located at the
Southeast quadrant of Birmingham Hwy and Birmingham
Road by OHC Birmingham LLC, 22.12 acres in 2/2, Land Lots
379, 380, 413, and 414.
(1) Request to modify ZM 14-06 Condition 2.a. to the revised
site plan received on September 18, 2018.
(2) Request to modify ZM14-03 - To delete Condition 6.c., the
reference to the village green.
(3) A Concurrent Variance to delete the 75 foot undisturbed
buffer and 10 foot improvement setback along the south
property line of the MIX zoning district adjacent to AG -1 - Sec.
64-1142 (a) (3.) b.
MEETING DATE: Monday, October 22, 2018 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ("APPROVED
CITY ATTORNEY APPROVAL REQUIRED: * YES
CITY ATTORNEY REVIEW REQUIRED: k YES
APPROVAL BY CITY ATTORNEY: M APPROVED
(J NOT APPROVE O�
() NO
() NO
() NOT APPROVED
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmilfonga.us
0000
Page 1 of 19
ZM18-02/VC18-08 - Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 5, 2018 (First Presentation October 22, 2018,)
10/18/2018
ZM18-02/VC18-08
PROPERTY INFORMATION
ADDRESS SE Corner of Birmingham Hwy and Birmingham Road
DISTRICT, LAND LOT 2/2, 379, 380, 413, 414
OVERLAY DISTRICT Birmingham Crossroads
EXISTING ZONING MIX (Mixed Use) and AG-1 (Agricultural)
ACRES 22.12
EXISTING USE Undeveloped
OWNER/APPLICANT OHC Birmingham LLC, Tad Braswell
5256 Peachtree Road, Suite 195
Atlanta, GA 30341
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
ZM18-02 - Condition 2.a. - APPROVAL CONDITIONAL
ZM18-02 – Condition 6.c. – APPROVAL CONDITIONAL
VC18-08 – APPROVAL CONDITIONAL
INTENT
A request to modify 1) ZM14-06 condition 2.a. to the revised site plan dated March 16,
2018 and to modify 2) ZM14-03 to delete condition 6.c., the reference to the Village
Green. To request a concurrent variance (VC18-08) to delete the 75 foot undisturbed
buffer and 10 foot improvement setback along the south property line of the MIX
zoning district adjacent to AG-1 (Sec. 64-1142 (a)(3)(b)).
Page 2 of 19
ZM18-02/VC18-08 - Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 5, 2018 (First Presentation October 22, 2018,)
10/18/2018
LOCATION MAP
Page 3 of 19
ZM18-02/VC18-08 - Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 5, 2018 (First Presentation October 22, 2018,)
10/18/2018
CURRENT ZONING
Page 4 of 19
ZM18-02/VC18-08 - Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 5, 2018 (First Presentation October 22, 2018,)
10/18/2018
REVISED SITE PLAN SUBMITTED OCTOBER 18, 2018
Page 5 of 19
ZM18-02/VC18-08 - Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 5, 2018 (First Presentation October 22, 2018,)
10/18/2018
REVISED SITE PLAN SUBMITTED JUNE 17, 2014 (ZM14-06)
Page 6 of 19
ZM18-02/VC18-08 - Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 5, 2018 (First Presentation October 22, 2018,)
10/18/2018
History and Background
The subject site was rezoned from C-1 (Community Business) and M-1 (Manufacturing) to
MIX (Mixed Use) on November 3, 2004 by the Fulton County Board of Commissioners. This
site is one corner of three corners of the Birmingham Crossroads that was zoned pursuant
to RZ04-116 (subject site) and RZ04-43 (northeast and southeast corners zoned C-1
Conditional).
RZ04-116/VC04-178 (November 3, 2004 - Fulton County)
The final conditions approved for all three quadrants were derived from numerous
meetings between the original developer, AG Armstrong and the community using the
Birmingham Crossroads Plan (Amending the 2015 North Fulton Comprehensive Plan)
which was approved by the Fulton County Board of Commissioners on March 3, 2004. In
addition, the Birmingham Crossroads of the Northwest Fulton Overlay District was
approved on March 3, 2004. This newly created overlay also guided the ultimate
outcome of what was approved for the three quadrants of Birmingham Crossroads.
The central premise of both the Plan and the Overlay was that the Birmingham
Crossroads should be a neighborhood node consisting of 27.1 acres which at that time
recommended up to 100,000 square feet of commercial uses, up to 100,000 square feet
of office uses, and up to five (5) residential units per acre.
Since the time of the rezoning in 2004, the northeast and southwest quadrants have been
developed as approved. The southeast quadrant has remained undeveloped other than
the existing structures on the 22.12 acres.
ZM14-03 – June 16, 2014
At the June 16, 2014 Mayor and City Council, the applicant’s request pursuant to ZM14-03
to amend Conditions 1.c., 1.d ., 2.a., and 3.c were approved which reduced the
approved density for the office, commercial retail, and eliminated the day care facility
along Birmingham Road. In addition, the approved site plan replaced some of the
townhouse units previously developed with single family detached homes. These
amended conditions deleted the requirement for the day care facility and allowed single
family detached homes.
ZM14-06 – July 21, 2014
After further evaluation of the site plan, with original conditions approved pursuant to
2004Z-116 by Fulton County, Staff determined that Condition 1.d. had not been met (Staff
also notes that there are two conditions numbered 1.d. and this is a typo from the Fulton
County conditions). Therefore, the need to modify it to eliminate the community park and
community septic system. In addition, Staff requested that Condition 2.a. be included to
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remove the reference to the “community waste water facility” indicated on the site plan
within the AG-1 portion of the development. This modification was approved by the City
Council on July 21, 2014
15RLDP-000004 - Submittal of Land Disturbance Permit (LDP) – February 20, 2015
The applicant submitted his LDP for the project to the Community Development
Department on February 20, 2015 for review based on the approved site plan and
conditions as discussed above. After various comments from Staff and resubmittals by the
engineer, responses from the applicant’s engineer stopped and the permit appeared to
be abandoned.
ZM16-01 – March 21, 2016
The current owner, Mr. Tad Braswell requested a modification to the approved site plan to
replace the retail buildings along Birmingham Hwy with townhomes. Staff recommended
denial and the Mayor and City Council denied the request on March 21, 2016 based on
the fact that it was not consistent with the Birmingham Crossroads Master Plan which
contemplated this quadrant to provide a mix of uses including non-residential.
17RLDP-000004 – Submittal of Land Disturbance Permit (LDP) – August 7, 2017
The applicant submitted revised LDP plans based on the approved site plan and
conditions as discussed above. Because of the length of time since the last submittal,
Staff required the applicant to resubmit review fees and a new LDP number was issued.
Once again, the review process of the LDP occurred with reviews by staff and re-
submittals by the applicant. Staff informed the applicant in January 2018 that a Zoning
Modification to the site plan as well as concurrent variances would be required to be in
compliance with the RZ04-116 approved conditions, ZM14-06 site plan and the
Birmingham Crossroads Overlay District.
ZM18-01/VC18-04 – April 23, 2018
The applicant requested that site plan dated June 17, 2014 (ZM14-06) be revised as well
as the following based on a revised site plan submitted on March 16, 2018. In addition the
applicant requested a concurrent variance to delete the 75 foot undisturbed buffer and
10 foot improvement setback along the south property line of the MIX zoning district
adjacent to AG-1 (Sec. 64-1142 (a)(3)(b)). These requests were ultimately denied 6-1 by
the Mayor and City Council on April 23, 2018.
At the City Council meeting the applicant stated that if denied the proposed changes
requested in ZM18-01/VC18-04, he would pursue developing the site with the approved
density of 33 townhomes pursuant to RZ04-116 along with the non-residential component.
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Preliminary Plat Submittal – Planning Commission Meeting – July 25, 2018
The applicant submitted the preliminary plat which proposed 30 townhome units and
10,000 square feet of non-residential development within the MIX and 11 single family
homes on AG-1 (Agricultural). This plan also provided for the 75 foot undisturbed buffer
and 10 foot improvement setback on the south property line adjacent to AG -1 zoning
district. The Community Development Department approved the preliminary plat as
submitted at the July 25, 2018 Planning Commission Meeting.
CURRENT REQUEST – ZM18-02/VC18-08
Since the time of the approved preliminary plat, the applicant has submitted a site plan
to be considered by the Mayor and City Council. The zoning ordinance requires that a
denied item shall not be considered until at least six months has elapsed from the date of
the decision pursuant to Sec. 64-1946(a)(1). The denial of ZM18-01/VC18-04 occurred on
April 23, 2018. The subject application will not be considered until the November 5, 2018
City Council Meeting.
The submitted site plan provides for 25 single family homes and 17,000 square feet of retail
and office within 2 buildings within the MIX (Mixed Use) zoning district. The AG-1 portion of
the development contains 10 single family homes on minimum one acres lots. The
previous plan from ZM18-01/VC18-04 indicated an additional small commercial building
fronting Birmingham Road. The current request replaces the commercial building with
open space.
Staff Comments
The requested modifications to conditions are outlined below along with the detailed
analysis and Staff recommendations. It is worth noting and acknowledging prior to
offering this detailed anal ysis that the Staff recommendation being offered for ZM18-
02/VC18-07 differs from Staff’s previous recommendation of denial for ZM18-01/VC18-04
on April 23, 2018. As such, Staff would like to offer the following introductory comments
regarding the current Staff recommendation for ZM18-02/VC18-07.
The role of planning staff is to proactively apply their subject matter expertise and
extensive training; ensure best planning practices are adhered to; and to interpret and
apply long-range planning documents and local ordinances. Staff make
recommendations, but do not make the final determination.
Our role is to provide a thorough review and thoughtful analysis, not just exclusively
applying the letter of the law, but also accounting for sound planning practices and using
professional judgment to determine whether a modification and/or variance requested
ultimately delivers a higher quality project for the community. Based on that review
process, Staff then make a recommendation to Council for their review and
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determination, and the public is afforded the opportunity to comment publicly regarding
that recommendation.
Staff have a responsibility to make sound planning recommendations to Council,
respecting and accepting the Council’s final decision either way. In recent months, there
is a renewed commitment among Staff to ensure to the greatest extent possible that all
recommendations, for or against, ultimately serve to deliver the best possible
development for the Milton community.
As such, Staff have applied expertise, executed best practices, and analyzed the legal
considerations and recommend approval of ZM18-02/VC18-07, provided the additional
Staff recommended conditions are accepted by the property owner. This project
reduces residential density, and provides additional greenspace open to the public. And
if the additional Staff recommended conditions are accepted by the property owner, this
open/green space will be preserved in perpetuity through a Deed of Conservation
Easement, thereby preventing future development. Please read below for the detailed
analysis of each request and Staff recommendations and considerations.
Requested Modifications to Conditions
2. To the owner’s agreement to abide by the following:
a. To the revised site plan dated June 17, 2014 (ZM14-06) submitted to the
Department of Community Development. Said site plan is conceptual
only and must meet or exceed the requirements of the Zoning
Ordinance and these conditions prior to the approval of a Land
Disturbance Permit. Unless otherwise noted herein, compliance with all
conditions shall be in place prior to the issuance of the first Certificate
of Occupancy.
a. Substantial compliance with the revised site plan received by the
Community Development Department on October 18, 2018, and
whereby the exact layout of the project may contain minor deviations
approved by the Community Development Director provided the
deviations remain consistent with the purpose and intent of the
Council’s approval of the petition. Notwithstanding the contents of
the site plan, the project must meet or exceed the requirements of the
Zoning Ordinance, all other applicable city ordinances and these
conditions. The site plan may be revised with the approval of the
Community Development Director in order to comply with city codes
and zoning conditions. Unless otherwise noted herein, compliance
with all conditions shall be in place prior to the issuance of the first
Certificate of Occupancy.
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6. To the owner’s agreement to the following site development consi derations:
c. Provide a village green on the south side of Birmingham Road that shall
be a minimum of 50 feet in width and a minimum of 11,500 square feet
in area measured according to the current setback and an additional
1,500 square feet within the development. (ZM14-03)
Requested Concurrent Variance – VC18-08
To delete the 75 foot undisturbed buffer and 10 foot improvement setback along the
south property line of the MIX zoning district adjacent to AG-1 (Sec. 64-1142 (a)(3)(b))
CZIM Meeting – October 3, 2018
The applicant was present at the meeting and there were four attendees who signed the
sign in sheet. They had the following concerns regarding the zoning modification and
concurrent variance:
1) The requested concurrent variance does not meet the development standards for
Birmingham Crossroads.
2) Asked that the AG-1 portion of the property be developed with “rural” development
standards.
3) The site plan allows for more density, specifically for non-residential uses, on the site.
4) There is already back up of traffic on Birmingham Road and it will contribute more to
the congestion at the crossroads.
Analysis and Recommendation of Zoning Modifications and Concurrent Variance
VC18-08 - To delete the 75 foot undisturbed buffer and 10 foot improvement setback
along the south property line of the MIX zoning district adjacent to AG-1 (Sec. 64-1142
(a)(3)(b))
The Birmingham Crossroads Overlay District does not address buffers used to separate
uses, but the Rural Milton Overlay District (previously called the Northwest Fulton Overlay
District) does address this issue. The site is required to meet those development standards
that are not addressed in the Birmingham Crossroads Overlay District but required in the
Rural Milton Overlay. Although RZ04-116 was approved with a site plan without the
required buffer shown in it, the Concurrent Variance requested pursuant to VC04-178 was
only approved by the Fulton County Board of Commissioners to reduce the 75 foot buffer
and 10 foot improvement setback to a 10 foot landscape strip adjacent to the east
property line which abuts the electric sub-station. The minutes from the November 3, 2004
Board of Commissioner’s meeting clearly states the concurrent variance was only
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approved for the east property line and the south property line was not approved.
Furthermore, the conditions of zoning stipulate the following in Condition 2.a.: “Said site
plan is conceptual only and must meet or exceed the requirements of the Zoning
Resolution and these conditions prior to the approval of a Land Disturbance Permit.”
Therefore, the zoning ordinance (previously referred to as the zoning resolution in Fulton
County) requirements must be met unless a concurrent variance is granted.
A variance must be based upon credible evidence submitted at a public hearing
compliance with 1 through 4 of the following:
(1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance.
It is Staff’s opinion that the requested deletion of the buffer and improvement setback
should be approved, because it would not offend the intent of the zoning ordinance to
provide a transition between non-residential uses and single family uses or property zoned
AG-1 based on the following facts regarding the revised site plan: 1) The revised site plan
dated October 18, 2018 shows a detention pond that has been designed with a park the
serves as an amenity to both the future residents as well as the general public. The pond is
designed to provide a minimum of five feet of water year round and will have a shallow
pond that will spill over to the larger pond and then have a greenway going through it for
the public’s enjoyment. Also, the additional open space located to the east of the
roundabout provides a natural buffer between the MIX portion of the property and the
AG-1 single family residences; 2) The Birmingham Crossroads Plan states “The goal of the
plan is to create a framework for the development of a pedestrian oriented, mixed use
neighborhood node with commercial and offices uses at the Birmingham Crossroads as
set forth in the Neighborhood Node policy and that maintains the historic character and
natural envirnonment of the Crossroads; and 3) The purpose and intent of the Birmingham
Crossroads Overlay District is “To promote a pedestrian oriented development by dividing
the land in the Birmingham Crossroads into small walkable blocks with the construction of
an internal road system”. The incorporation of a 75 foot undisturbed buffer and 10 foot
improvement setback will negatively impact the abovementioned goal and intent for the
Birmingham Crossroads area.
(2) There are such extraordinary and exceptional situations or conditions pertaining to the
particular piece of property that the literal or strict application of this zoning ordi nance
would create an unnecessary hardship due to size, shape or topography or other
extraordinary and exceptional situations or conditions not caused by the variance
applicant.
The required 75 foot buffer and 10 foot improvement setback does not create an
unnecessary hardship due to size, shape or topography or other extraordinary and
exceptional situations based on the fact that the site can still be developed with a mix of
uses including commercial, office and residential but does not create the type of
development as discussed above regarding the spirit and intent of the Birmingham
Crossing Overlay District and Plan.
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(3) Relief, if granted would not cause a substantial detriment to the public good and
surrounding properties.
It is Staff’s opnion that the deletion of the buffer and improvement setback would
provide the necessary transition from the MIX (Mixed Use) development to the AG -1 single
family homes to the south if approved with the Recommended Conditions. In addition,
the development was originally created to incorporate the AG-1 (Agricultural ) one acre
lots into the mixed use component of the development and was not a separate AG-1
(Agricultural) development when first approved in 2004 and would not cause a
substantial detriment to the public good and surrounding properties.
(4) That the public safety, health and welfare are secured, and that substantial justice is
done.
It is Staff’s opinion that the applicant has provided sufficient evidence that the public
safety, health and welfare are secured and that substantial justice is done if approved
with the Recommended Conditions.
Therefore, Staff recommends APPROVAL of VC18-08.
Request of Modification to ZM14-03
6. To the owner’s agreement to the following site development considerations:
c. Provide a village green on the south side of Birmingham Road that shall
be a minimum of 50 feet in with a minimum of 11,500 square feet in
area measured according to the current setback and an additional
1,500 square feet within the development.
The applicant has requested the above deletion of Condition 6.c. based on the fact that
the Birmingham Crossroads Overlay District (Zoning Ordinance) requires the Village Green
on the SE Quadrant be a minimum of 13,000 square feet in size. Staff recommends
APPROVAL of the deletion of 6.c (ZM14-03) in order to “clean up” an incorrect condition
previously approved in 2014. Staff notes that the site plan does comply with the required
13,000 squre foot Village Green.
Request of Modification to ZM14-06
2. To the owner’s agreement to abide by the following:
a. To the revised site plan dated June 17, 2014 (ZM14-06) submitted to the
Department of Community Development. Said site plan is conceptual
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only and must meet or exceed the requirements of the Zoning
Ordinance and these conditions prior to the approval of a Land
Disturbance Permit. Unless otherwise noted herein, compliance with all
conditions shall be in place prior to the issuance of the first Certificate
of Occupancy.
a. Substantial compliance with the revised site plan received by the
Community Development Department on October 18, 2018, and
whereby the exact layout of the project may contain minor deviations
approved by the Community Development Director provided the
deviations remain consistent with the purpose and intent of the
Council’s approval of the petition. Notwithstanding the contents of
the site plan, the project must meet or exceed the requirements of the
Zoning Ordinance, all other applicable city ordinances and these
conditions. The site plan may be revised with the approval of the
Community Development Director in order to comply with city codes
and zoning conditions. Unless otherwise noted herein, compliance
with all conditions shall be in place prior to the issuance of the first
Certificate of Occupancy.
The proposed site plan is consistent with the Birmingham Crossroads Plan goal to provide
a framework for the development of a pedestrian oriented, mixed use neighborhood
node with commercial and offices uses at the Birmingham Crossroads. In addition, the
City Council approved ZM14-03 and ZM14-06 which were very similar to the current
request which did not contemplate a 75 foot buffer and 10 foot improvement setback.
Therefore, Staff recommends APPROVAL of VC18-08 and APPROVAL of the Modification of
Condition 2.a and the deletion of Condition 6.c. as referenced above with the attached
Recommended Conditions.
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RECOMMENDED CONDITIONS
Should the Mayor and City Council approve this petition, the recommended conditions
and concurrent variance should be read as follows:
1. To the owner’s agreement to restrict the use of the subject property as follows:
a. Retail, service commercial and/or office and accessory uses, including all
exterior food and beverage service areas, on 6.63 acres within the Southeast
Quadrant of the Birmingham Neighborhood Node at a maximum density of
1,266.97 452.49 gross square feet per acre zoned for retail, service commercial
uses and 5,671.2 2,564.10 square feet per acre for office uses or a total of 8,400
3,000 square feet of retail, service commercial and 37,600 17,000 square feet of
office, whichever is less, but excluding billboards, fast food restaurants, gas and
service stations, commercial amusements (cinemas not included), liquor
package stores, motels, hotels, adult entertainment establishments, check
cashing stores, pawn shops, coin operated laundries, convenience stores, video
arcades, pool halls, massage parlors, nail salons, beauty salons, barber shops,
flea markets, discount retail shops, roadside vending, roadside produce stands
or seasonal vending. Above described acreage shall be zoned MIX (Mixed Use)
Conditional.
c. No more than 33 townhouse and/or 25 single family dwelling units on 6.63 acres
within the Southeast Quadrant of the Birmingham Neighborhood Node at a
maximum density of 4.98 3.77 units per acre, whichever is less. Above described
acreage shall be zoned MIX (Mixed Use) Conditional.
e. To provide an executed copy of a recorded Deed of Conservation Easement
between the landowner and a third party which maintains includes the park
Village Green, Open Space/Park, Stormwater Management Facility, and Rural
Viewshed in perpetuity prior to the issuance of the first Certificate of Occupancy
for the development. The developer/owner will be responsible for maintenance
of the Village Green, Open Space/Park, Stormwater Management Facility, and
Rural Viewshed and shall be open for use by the public.
f. Provide a minimum heated floor area of 1,500 2,200 square feet per dwelling
unit.
g. No more than 10 single family lots within the AG-1 (Agricultural) District
2. To the owner’s agreement to abide by the following:
a. To the revised site plan dated June 17, 2014 site plan (ZM14-06)
submitted to the Department of Community Development. Said site
plan is conceptual only and must meet or exceed the requirements of
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the Zoning Ordinance and these conditions prior to the approval of a
Land Disturbance Permit. Unless otherwise noted herein, compliance
with all conditions shall be in place prior to the issuance of the first
Certificate of Occupancy.
a. Substantial compliance with the revised site plan received by the
Community Development Department on October 18, 2018, and
whereby the exact layout of the project may contain minor deviations
approved by the Community Development Director provided the
deviations remain consistent with the purpose and intent of the
Council’s approval of the petition. Notwithstanding the contents of
the site plan, the project must meet or exceed the requirements of the
Zoning Ordinance, all other applicable city ordinances and these
conditions. The site plan may be revised with the approval of the
Community Development Director in order to comply with city codes
and zoning conditions. Unless otherwise noted herein, compliance
with all conditions shall be in place prior to the issuance of the first
Certificate of Occupancy.
4. To the owner’s agreement to abide by the following requirements, dedication, and
improvements:
i. Dedicate at no cost to the City of Milton or Georgia Department of
Transportation (GDOT) prior to the approval of a Land Disturbance Permit,
sufficient land as necessary to provide the following:
iii. Provide a 50 foot wide pedestrian trail easement free of any
structures or above ground utilities for future pedestrian inter-
parcel access on the east property line on land lot 413 and
construct the improvements in the location shown on the revised
site plan received on October 18, 2018 or as required and
approved by the City of Milton Public Works Department.
Pedestrian trail shall be open for use by the public.
n. All street improvements shall extend across the entire street frontage.
Sufficient public right of way shall be dedicated at no cost to the City or
Georgia Department of Transportation to ensure that all improvements
are contained within the right of way.
6. To the owner’s agreement to the following site development considerations:
c. Provide a village green on the south side of Birmingham Road that shall
be a minimum of 50 feet in width and a minimum of 11,500 square feet
in area measured according to the current setback and an additional
1,500 square feet within the development.
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q. To delete the 75 foot undisturbed buffer and 10 foot improvement
setback along the south property line of the MIX zoning district
adjacent to AG-1. (VC18-08)
r. A stormwater management park that will serve as an amenity shall be
created through a combination of the following landscape and
hardscape elements as approved by the Director of Community
Development:
I. Landscape materials around the stormwater pond shall consist
of evergreen and deciduous trees and shrubs, as well as
groundcovers, ornamental grasses, and perennials that are
native to the region and require little maintenance. The plantings
shall be designed to create aesthetic appeal and highlight the
pond as an amenity rather than provide an evergreen screen to
block views to it. The shallow areas at the edges of the pond
shall be planted with native aquatic plants to create an
appropriately vegetated littoral shelf.
II. Hardscape materials within the stormwater management park
shall be specified as shown on Exhibit A and the pedestrian trail
system should consist of natural materials suitable for location in
a stream buffer.
III. The stormwater management park and stormwater
management facility shall be constructed in substantial
compliancewith the plans as depicted in exhibit A and exhibit B
and as approved by the Director of Community Development.
s. Mail Kiosk and sanitary sewer lift station enclosure shall be subject to
the approval of the City Architect.
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REVISED SITE PLAN SUBMITTED ON OCTOBER 18, 2018
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EXHIBIT A
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EXHIBIT B
Page is too large to OCR.
ORDINANCE NO.
PETITION NO. ZM18-02/VC18-08
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO MODIFY CONDITION OF ZM14-03 BY THE CITY OF MILTON CITY
COUNCIL ON JUNE 16, 2014 AND CONDITION OF ZM14-06 BY THE CITY OF MILTON CITY
COUNCIL ON JULY 21, 2014 FOR PROPERTY LOCATED ON BIRMINGHAM HWY (SR 372)
AND BIRMINGHAM ROAD WITHIN LAND LOTS 379, 380, 413, 414, 2ND DISTRICT 2ND
SECTION CONSISTING OF APPROXIMATELY 22.12 ACRES.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on November 5, 2018 at 6:00 p.m. as follows:
SECTION 1. That a condition of ZM14-03 approved by the City of Milton City
Council on June 16, 2014 and a condition of ZM14-06 approved by the City of Milton
City Council on July 21, 2018 property located on Birmingham Hwy (SR 372) and
Birmingham Road consisting of a total of approximately 22.12 acres, attached hereto
and made a part herein;
SECTION 2. That the property shall be developed in compliance with the
conditions of approval as attached to this ordinance. Any conditions hereby
approved (including any site plan) do not authorize the violation of any district
regulations; and
SECTION 3. That all ordinances or part of ordinances in conflict with the terms of
this ordinance are hereby repealed; and
SECTION 4. This Ordinance shall become effective upon adoption by the Mayor
and City Council and the signature of approval of the Mayor.
ORDAINED this 5th day of November, 2018.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
RECOMMENDED CONDITIONS
Should the Mayor and City Council approve this petition, the recommended
conditions should be revised to read as follows:
1. To the owner’s agreement to restrict the use of the subject property as follows:
a. Retail, service commercial and/or office and accessory uses, including all
exterior food and beverage service areas, on 6.63 acres within the Southeast
Quadrant of the Birmingham Neighborhood Node at a maximum density of
1,266.97 452.49 gross square feet per acre zoned for retail, service
commercial uses and 5,671.2 2,564.10 square feet per acre for office uses or
a total of 8,400 3,000 square feet of retail, service commercial and 37,600
17,000 square feet of office, whichever is less, but excluding billboards, fast
food restaurants, gas and service stations, commercial amusements
(cinemas not included), liquor package stores, motels, hotels, adult
entertainment establishments, check cashing stores, pawn shops, coin
operated laundries, convenience stores, video arcades, pool halls, massage
parlors, nail salons, beauty salons, barber shops, flea markets, discount retail
shops, roadside vending, roadside produce stands or seasonal vending.
Above described acreage shall be zoned MIX (Mixed Use) Conditional.
c. No more than 33 townhouse and/or 25 single family dwelling units on 6.63
acres within the Southeast Quadrant of the Birmingham Neighborhood Node
at a maximum density of 4.98 3.77 units per acre, whichever is less. Above
described acreage shall be zoned MIX (Mixed Use) Conditional.
e. To provide an executed copy of a recorded Deed of Conservation
Easement between the landowner and a third party which maintains
includes the park Village Green, Open Space/Park, Stormwater
Management Facility, and Rural Viewshed in perpetuity prior to the issuance
of the first Certificate of Occupancy for the development. The
developer/owner will be responsible for maintenance of the Village Green,
Open Space/Park, Stormwater Management Facility, and Rural Viewshed
and shall be open for use by the public.
f. Provide a minimum heated floor area of 1,500 2,200 square feet per dwelling
unit.
g. No more than 10 single family lots within the AG-1 (Agricultural) District
2. To the owner’s agreement to abide by the following:
a. To the revised site plan dated June 17, 2014 site plan (ZM14-06)
submitted to the Department of Community Development. Said site
plan is conceptual only and must meet or exceed the requirements
of the Zoning Ordinance and these conditions prior to the approval
of a Land Disturbance Permit. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
a. Substantial compliance with the revised site plan received by the
Community Development Department on October 18, 2018, and
whereby the exact layout of the project may contain minor
deviations approved by the Community Development Director
provided the deviations remain consistent with the purpose and
intent of the Council’s approval of the petition. Notwithstanding
the contents of the site plan, the project must meet or exceed the
requirements of the Zoning Ordinance, all other applicable city
ordinances and these conditions. The site plan may be revised with
the approval of the Community Development Director in order to
comply with city codes and zoning conditions. Unless otherwise
noted herein, compliance with all conditions shall be in place prior
to the issuance of the first Certificate of Occupancy.
4. To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
i. Dedicate at no cost to the City of Milton or Georgia Department of
Transportation (GDOT) prior to the approval of a Land Disturbance
Permit, sufficient land as necessary to provide the following:
iii. Provide a 50 foot wide pedestrian trail easement free of any
structures or above ground utilities for future pedestrian inter-
parcel access on the east property line on land lot 413 and
construct the improvements in the location shown on the
revised site plan received on October 18, 2018 or as required
and approved by the City of Milton Public Works Department.
Pedestrian trail shall be open for use by the public.
n. All street improvements shall extend across the entire street frontage.
Sufficient public right of way shall be dedicated at no cost to the City
or Georgia Department of Transportation to ensure that all
improvements are contained within the right of way.
6. To the owner’s agreement to the following site development considerations:
c. Provide a village green on the south side of Birmingham Road that
shall be a minimum of 50 feet in width and a minimum of 11,500
square feet in area measured according to the current setback
and an additional 1,500 square feet within the development. (ZM14-
03)
q. To delete the 75 foot undisturbed buffer and 10 foot improvement
setback along the south property line of the MIX zoning district
adjacent to AG-1. (VC18-08)
r. A stormwater management park that will serve as an amenity shall
be created through a combination of the following landscape and
hardscape elements as approved by the Director of Community
Development:
I. Landscape materials around the stormwater pond shall
consist of evergreen and deciduous trees and shrubs, as well
as groundcovers, ornamental grasses, and perennials that are
native to the region and require little maintenance. The
plantings shall be designed to create aesthetic appeal and
highlight the pond as an amenity rather than provide an
evergreen screen to block views to it. The shallow areas at
the edges of the pond shall be planted with native aquatic
plants to create an appropriately vegetated littoral shelf.
II. Hardscape materials within the stormwater management
park shall be specified as shown on Exhibit A and the
pedestrian trail system should consist of natural materials
suitable for location in a stream buffer.
III. The stormwater management park and stormwater
management facility shall be constructed in substantial
compliancewith the plans as depicted in exhibit A and
exhibit B and as approved by the Director of Community
Development.
s. Mail Kiosk and sanitary sewer lift station enclosure shall be subject to
the approval of the City Architect.
REVISED SITE PLAN SUBMITTED ON OCTOBER 18, 2018
EXHIBIT A
EXHIBIT B
0
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 15, 2018
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage
License to Campania Milton LLC. d/b/a Campania, 12635
Crabapple Road, Suite 310, Milton, Ga. 30004.
MEETING DATE: Monday, October 22, 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 ( KNO
CITY ATTORNEY REVIEW REQUIRED: () YES (,)ANO
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: i "I till u't
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cifyofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted on October 9, 2018 for the October 22, 2018 Regular
Council Meeting
Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to
Campania Milton LLC. d/b/a Campania, 12635 Crabapple Road, Suite
310, Milton, Ga. 30004
_____________________________________________________________________________________________
Department Recommendation:
Approve the issuance of an alcohol beverage license for Campania Milton LLC., d/b/a
Campania for consumption on premises of Wine, Malt Beverages and Distilled Spirits.
Executive Summary:
City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage
licenses to businesses that properly submit application for and meet all of the legal
requirements to hold such license. This application was submitted due to change in
ownership.
Staff has processed the application and recommends issuance of the applicable license
for:
Business Name: Campania Milton LLC. d/b/a Campania
Contact Name: Stewart and Jennifer Muller
Business Address: 12635 Crabapple Road, Suite 310, Milton, Georgia 30004
Type of License: Consumption on Premises – Wine, Malt Beverages and Distilled
Spirits
Funding and Fiscal Impact:
There is a positive fiscal impact of license fees and/or monthly excise taxes.
Alternatives:
None.
Legal Review:
Not required.
Concurrent Review:
Steven Krokoff, City Manager
Carter Lucas, Assistant City Manager
TO:
FROM:
MILTON
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: October 15, 2018
Steven Krokoff, City Manager (2
AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage
License to Seven Acre Barngrill, LLC., d/b/a Seven Acre
Barngrill, 850 Hickory Flat Road, Milton, Ga. 30004.
MEETING DATE: Monday, October 22, 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 (,)14O
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: I r I yZlz` A
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info @cityofmiltonga. us I www.cityofmiltongo.us
0000
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted on October 10, 2018 for the October 22, 2018 Regular
Council Meeting
Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to
Seven Acre Barngrill, LLC., d/b/a Seven Acre Barngrill, 850 Hickory Flat
Road, Milton, Ga. 30004
_____________________________________________________________________________________________
Department Recommendation:
Approve the issuance of an alcohol beverage license for Seven Acre Barngrill, LLC. d/b/a
Seven Acre Barngrill for consumption on premises of Wine, Malt Beverages and Distilled
Spirits.
Executive Summary:
City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage
licenses to businesses that properly submit application for and meet all of the legal
requirements to hold such license. This application is submitted as a new establishment.
Staff has processed the application and recommends issuance of the applicable license
for:
Business Name: Seven Acre Barngrill, LLC. d/b/a Seven Acre Barngrill
Contact Name: Christopher A. Sedgwick
Business Address: 850 Hickory Flat Road, Milton, Georgia 30004
Type of License: Consumption on Premises – Wine, Malt Beverages and Distilled
Spirits
Funding and Fiscal Impact:
There is a positive fiscal impact of license fees and/or monthly excise taxes.
Alternatives:
None.
Legal Review:
Not required.
Concurrent Review:
Steven Krokoff, City Manager
Carter Lucas, Assistant City Manager
9
TO:
FROM:
Nn1LT
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: October 15, 2018
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of a Project Agreement between the City of
Milton and the State of Georgia Department of Natural
Resources for the Construction of an ADA Accessible Trail at
Providence Park.
MEETING DATE: Monday, October 22, 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: (JJ ES () NO
APPROVAL BY CITY ATTORNEY: UTAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: r U )zt'2`'"
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: Jim Cregge, Parks and Recreation Director
Date: Submitted on October 10, 2018 for the October 22, 2018 Regular
City Council Meeting
Agenda Item: Consideration of a Project Agreement between the City of Milton
and the State of Georgia Department of Natural Resources for the
Construction of an ADA Accessible Trail at Providence Park
_____________________________________________________________________________________
Project Description: This request is to approve a project agreement for the construction
of an ADA accessible trail at Providence Park. The agreement is with the State of
Georgia Department of Natural Resources and provides the City of Milton with a
Recreation Trails Grant of $200,000. The grant requires the City to provide a 20% match
which is planned for in the FY19 CIP budget. The pre-application for the grant was
approved by the Mayor and council on December 4, 2017. Currently, Providence Park
has two trails that are not ADA accessible and are unsustainable from a maintenance
perspective due to erosion issues.
Procurement Summary:
Purchasing method used: Other (See Comment Above)
Account Number: Capital Grant Account Number TBD upon Council Approval
Requisition Total: $200,000 Grant
Legal Review: Sam VanVolkenburgh, October 9, 2018
Concurrent Review: Steven Krokoff, City Manager
Attachment(s):
1) Project Agreement with the State of Georgia Department of Natural Resources
2) Resolution Accepting the Grant
3) Disadvantaged Business Enterprise Guidelines
STATE OF GEORGIA
DEPARTMENT OF NATURAL RESOURCES
PROJECT AGREEMENT
Applicant: City of Milton
Project Title: Trails at Providence Park
Project #: NRT-18(16)
County: Fulton
Street: 2006 Heritage Walk
City: Milton
Zip: 30004
Phone #: 678-242-2571
Project Period: This agreement is executed to December 31, 2020
Project Scope (description of project): The trail will be a newly constructed 0.5 mile, 8 foot
wide paved trail in Milton’s 42 acre Providence Park. The trail width was reduced from 10 feet
(in the first round application) to 8 feet to decrease the overall land disturbance and tree loss, yet
still allowing adequate space for trail users. This trail segment is intended to be ADA compliant
with grades not exceeding 5% with the majority of the trail being less than 5%. This trail will
allow physically challenged users to experience the planned unique amenities and learning
opportunities coming at Providence Park. Beginning at the proposed restroom building near the
parking area the trail will travel into the core of the park allowing access to the proposed
performance green / observation lawn within the quarry for concerts and other events, access to
the quarry overlook for exciting birds-eye view of the quarry and unto the proposed Nature
Center.
Title of Grant-in-Aid: Georgia Recreational Trails Program
Project Cost:
Total Cost $362,423.15
Fund Support 80 %
Grant-in-Aid $200,000.00
Minimum Local Match $ 72,484.63
The following are hereby incorporated into this
agreement:
1. Disadvantaged Business Enterprise
Certification of Compliance
2. General Provisions (attached hereto)
3. Project Proposal and Application (submitted
by applicant and on file with DNR)
4. Revised cost estimate
The State of Georgia, Department of Natural Resources (hereinafter referred to as DNR), and the City of
Milton (hereinafter referred to as the Applicant) in consideration of the mutual promises and benefits
flowing to each as hereinafter stated, do hereby agree to perform this agreement in accordance with the
National Recreational Trails Act (NRTA), Title I, Part B, Section 1301 of the Intermodal Surface
Transportation Efficiency Act of 1991 (P.L. 102-240, 105 Stat. 1914), later reauthorized as the Recreation
Trails Program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (P.L. 109-59, 119 Stat. 1144), and the provisions and conditions of the Federal Highway
Administration guidelines for the RTP grant program, and with the terms, promises, conditions,
2
covenants, assurances, plans specifications, estimates, procedures, project proposals, and maps attached
hereto or retained by the Applicant or DNR and made a part hereof.
The Applicant certifies that it possesses the legal authority to apply for the grant, enter into this
Agreement, and to finance and construct the proposed facilities. A resolution, motion or similar action
has been duly adopted or passed authorizing the filing of the project application, approving this
agreement, including all understandings and assurances contained therein, and directing the persons
whose names and signatures appear herein below to sign this agreement on behalf of the Applicant and to
act in connection with the project and provide such additional information as may be required.
The Applicant further certifies and assures that it has the ability and intention to finance the non -State
(local) share of the costs for the project, and that sufficient funds will be available to assure effective
operation and maintenance of the facilities acquired or developed by the project.
DNR agrees to obligate to the Applicant the sum specified hereinabove as the Grant-in-Aid, and to tender
to the Applicant that portion of said grant which is required to pay DNR’s share of the costs of the
project, based upon the percentage of assistance specified hereinabove as Fund Support.
The Applicant agrees to execute the project in accordance with the terms of the agreement.
The Applicant further agrees that, as the benefit to be derived by the State of Georgia and DNR from the
full compliance by the Applicants with the terms of this agreement is the preservation, protection, and the
net increase in the quality of public recreational trails which are available to the people of the State and
the United States, and as such benefit exceeds to an immeasurable and unascertainable extent the amount
of money furnished by DNR by way of assistance under the terms of the agreement, that payment by the
Applicant to DNR of an amount equal to the amount of assistance extended under this agreement by DNR
would be inadequate compensation to DNR for any breach by the Applicants of this agreement. The
Applicant further agrees, therefore, that THE APPROPRIATE REMEDY IN THE EVENT OF A
BREACH BY THE APPLICANT OF THIS AGREEMENT SHALL BE THE SPECIFIC
PERFORMANCE OF THIS AGREEMENT.
The Applicant agrees to use its best efforts to ensure compliance with regulations pertaining to
Disadvantaged Business Enterprises (DBE). The Applicant shall not discriminat e on the grounds of race,
color, religion, sex, national origin, age, or disability in the selection and retention of contractors,
including procurement of materials and leases of equipment.
The following special project terms and conditions apply:
a. In planning and executing the project, the Applicant agrees to consider the comments of agencies who
responded to the environmental review requests for this project.
b. The Applicant shall minimize the use of heavy equi pment for clearing and grading, and is encouraged
to use porous/pervious surfacing.
c. As directed under Executive Order 13186, in furtherance of the Migratory Bird Treaty Act (16 U.S.C.
sections 703-711), actions must be taken to avoid or minimize impacts to migratory bird resources, and to
prevent or abate the detrimental alteration of the environment for the benefit of migratory birds, as
practicable. An area of forested habitat of 100 acres or larger could be a significant or important site for
migratory birds, as could existing bridges or culverts, where the birds may nest. DNR and the Applicant
agree that the area of impact of this project is less than 100 acres, and therefore is not considered
significant or important to the support of migratory bird populations. The parties also agree that no
3
existing bridge or culvert on the project site will be reconstructed or removed as part of this project. The
Applicant agrees to notify DNR if it seeks to modify the scope of the project or reconstruct or remove any
existing bridge or culvert at the project site.
d. The Applicant agrees to observe the comments of DNR’s Environmental Protection
Division(EPD), Historic Preservation Division(HPD), Wildlife Resources Division(WRD), US
Fish and Wildlife(USFW) and the Department of Transportation(DOT) regarding the project.
e. It does not appear that streams or wetlands will be affected with this project. If the final
design does show impacts, then a USACE 404 permit must be obtained.
In witness whereof, the parties hereto have executed this Agreement as of the most recent date entered
below.
STATE OF GEORGIA, DEPARTMENT OF
NATURAL RESOURCES
BY
WALTER RABON, DIRECTOR OF
ADMINISTRATIVE SERVICES
WITNESS
DATE
APPLICANT, CITY OF MILTON
BY
JOE LOCKWOOD, MAYOR OF
CITY OF MILTON
WITNESS
DATE
(Seal)
GEORGIA RECREATIONAL TRAILS PROGRAM
CERTIFICATION OF COMPLIANCE
FEDERAL HIGHWAY ADMINISTRATION DISADVANTAGED BUSINESS
ENTERPRISE GUIDELINES
The Recreational Trails Program (RTP), which is funded through the Federal Highway
Administration, must comply with federal regulations on Disadvantaged Business Enterprises
(DBEs). In most cases, RTP project sponsors will perform grant work using volunteer labor or
internal staff. However, in situations where trail construction or maintenance work is
contracted, these guidelines will apply.
As a condition of the grant award, each grantee shall make a good faith effort to award 10
percent of any contracts and subcontracts awarded under this federally funded project to DBEs.
Methods used to attain this goal, including businesses contacted and DBEs used will need to
be reported in writing to the DNR prior to the award of the construction contract.
Any explanation of why the 10 percent goal was not met will also need to be reported.
The grantee understands and agrees to comply with the Disadvantaged Business Enterprise
goal as a condition of the grant award.
Project: Project # _______________
Project Coordinator: _______________________________________________________
(Print Name)
Telephone Number: ______________________
_______________________________________ ______________________________
Signature Date
In Accordance with 2CFR200
CFDA # 20.219
GEORGIA RECREATIONAL TRAILS PROGRAM
Compliance with Federal Highway Administration
Disadvantaged Business Enterprises Guidelines
Project name: _____________________________ Project #: _________________
DBE’s Name, Address &
Phone Number
Date
Contacted Person Contacted Type of work to be performed on
project Comment/Notes
_____________________________________ _______________________________________________ __________________
Print Name Signature Date
In Accordance with 2CFR200
CFDA # 20.219
GEORGIA RECREATIONAL TRAILS PROGRAM
DBE PROPOSALS
Project: _____________________________ Project #: _________________
Bidder’s Company Name: ___________________________________
Let Date: ___________________ Total Bid: __________________
The required DBE goal on this contract is: 10% (Ten Percent)
I propose to use the following DBE’s:
DBE Name/Address (City, State) GA DOT Certified DBE?
Yes or No
Type of Work Amount
TOTAL
In Accordance with 2CFR200
CFDA # 20.219
STATE OF GEORGIA RESOLUTION NO.
COUNTY OF FULTON
A RESOLUTION OF THE CITY OF MILTON AUTHORIZING
THE ACCEPTANCE OF AN AWARD FROM THE GEORGIA DEPARTMENT OF NATURAL
RESOURCES FOR A RECREATIONAL TRAIL GRANT
WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of a
municipality may adopt clearly reasonable ordinances, resolutions, and regulations;
WHEREAS, O.C.G.A. § 36-87-2 provides that cities are authorized to participate in
federal grant programs, contract to participate in such programs, and accept and
expend grant funds subject to such terms as may be required by the grantor;
WHEREAS, on December 4, 2017 the City adopted a resolution authorizing the filing
of a project application for a grant for financial assistance to construct a recreational
trail at Providence Park in the City of Milton (“Project”);
WHEREAS, the Georgia Department of Natural Resources (“Department”) has
agreed to issue a grant to the City for financial assistance to the Project;
WHEREAS, the Department and the City desire to enter into an agreement
(“Agreement”) setting forth the terms and conditions of the Department’s grant;
WHEREAS, pursuant to the Agreement the City agrees to accept grant funds from
the Department, in accordance with the terms specified therein; and
WHEREAS, pursuant to the Agreement the City agrees to designate sufficient funds
to assure the acquisition and/or development, operation and maintenance of the
Project;
NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of
Milton as follows:
1. The City hereby declares its ability and intention to finance the non-State
(local) share of the costs for the Project, and declares that sufficient funds will
be available to assure effective operation and maintenance of the facilities
acquired or developed by the Project.
2. The terms and conditions of the Agreement, including all understandings and
assurances contained therein, are hereby approved, and the Mayor is hereby
authorized to execute the Agreement.
3. The terms and conditions of the Disadvantaged Business Enterprise
Certification of Compliance incorporated by reference into the Agreement
are hereby accepted and the Mayor is hereby authorized to execute that
Certification.
4. The Mayor and appropriate City officials, consistent with their respective roles,
are hereby authorized to accept the funds, act in connection with the project,
provide such additional information as may be required, and take any and all
actions necessary to effectuate the purpose and intent of this resolution.
RESOLVED this __________ day of _____________________________, 2018.
_________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk Seal
bb
MILT
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: October 15, 2018
FROM: Steven Krokoff, City Manager 7)
AGENDA ITEM: Consideration of a Resolution of the City of Milton Authorizing
a Pre -Application for a Land and Water Conservation Fund
Grant with the Department of Natural Resources.
MEETING DATE: Monday, October 22, 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: (,VYES () NO
APPROVAL BY CITY ATTORNEY: VAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 1 0 1 Li l 1,41 C,
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: Jim Cregge, Parks and Recreation Director
Date: Submitted on October 10, 2018 for the October 22, 2018 Regular
City Council Meeting
Agenda Item: Consideration of a Resolution of the City of Milton Authorizing a Pre-
Application for a Land and Water Conservation Fund Grant with
the Department of Natural Resources
_____________________________________________________________________________________
Project Description: This request is to submit a grant pre-application for the construction
of a fishing pier at Providence Park. The grant is a 50/50 match on a $200,000 project, so
the City would be responsible for $100,000. The previous dock at Providence Park was
removed in 2015 as it had failed a safety inspection.
Procurement Summary:
Purchasing method used: Other (See Comment Above)
Account Number: Capital Grant Account Number TBD upon Council Approval
Requisition Total: $100,000
Financial Review: Bernadette Harvill, October 10, 2018
Legal Review: Sam VanVolkenburgh, October 9, 2018
Attachment(s):
1) Pre-application for a Land & Water Conservation Fund Grant with the
Department of Natural Resources
2) Resolution Authorizing a Pre-Application to the Department of Natural Resources
Land and Water Conservation Fund Grant
1 of 6
Georgia Department of Natural Resources
Grants Administration
2600 Hwy 155 SW
Stockbridge, Georgia 30281
Telephone: (770) 389-7286
Pre-Application Form
Land and Water Conservation Fund
Deadline: Postmark, October 31, 2018
Applicant’s Name
(City or County): City of Milton
Mailing Address: 2006 Heritage Walk
Milton, Georgia
ZIP:30004
County: Fulton
FEI Number: 51-0608862
Project Title:
Park Name: Providence Park
Park Address: 13440 Providence Park Drive
Milton, Georgia
ZIP:30004
GPS Coordinates
of Park: Latitude: 34.105727 Longitude: 84.3011
Congressional District: 006
State Senate District: 021
State House District: 047
Contact Person: Jim Cregge
Address
Phone and Email:
2006 Heritage Walk, Milton, GA 30004
678-242-2489 Jim.Cregge@cityofmiltonga.us
Park and Recreation
Director: Jim Cregge
Address
Phone and Email:
2006 Heritage Walk, Milton, GA 30004
678-242-2489 Jim.Cregge@cityofmiltonga.us
2 of 6
Project narrative in space below
The city is seeking the Land and Water Conservation Fund to assist with the construction of a fishing pier
and pavilion on Providence Lake at Providence Park.
Situated only 28 miles north of Atlanta, Milton is a suburban and rural community of approximately
37,000 people with an overall density of less than 1,000 persons per square mile. This relative low density
and agrarian landscape makes up about 80% of Milton’s 39 square mile land area. The City was
formed almost eleven years ago on December 1, 2006. Before that, the area was part unincorporated
Fulton County located in the most northern part of the county. At incorporation, the City inherited the
limited park system that the county allotted for this area. Now, Milton has a total of 9 parks and or
facilities totaling 292 acres.
The heavily forested 42 acre, Providence Park property is one of the parks that was inherited by the City
of Milton, but not until 2015, because prior to Milton’s incorporation, the park was found to be
contaminated and consequently closed in 2004. Prescriptive action was given to Fulton County by the
Georgia Environmental Department (EPD) to clean and restore the park, resulting in the park being
closed to the public for twelve years from 2004 to 2016. Prior to the park’s closure, Providence Park was
a Nature Park of sorts, with a lodge that was heavily used by the Boy Scouts and trail runners and hikers.
There was rock climbing on the rock face of the old granite quarry, and there was a dock at the lake.
During the park’s closure, all of the buildings and other facilities fell into disrepair. Upon Milton’s
acquisition of the park in 2015, a safety inspection was done by an independent civil engineer and it
was recommended that the dock be removed. A request to the Soil and Water Conservation District
was granted for the City to remove the dock, with the intention of replacing it when the funds became
available.
This proposed fishing pier and pavilion will restore some access to the water and further the execution
of the wider master plan for the complete restoration of Providence Park.
Application Package must include:
Pre-application form ;
Evaluation Criteria- provide additional narrative and appropriate documents as needed to earn maximum points;
Resolution adopted by the applicant (see Appendix A for sample);
Cost estimate;
Preliminary site plan (if available);
Plat, survey boundary map and/or legal description; and
Location map.
Estimated Cost of Project $200,000____
____________________________________
(Local Official’s Signature)
____Joe Lockwood__________________
(Typed Name)
Grant Request: $100,000_____________
____Mayor__________________________
(Title)
_____________________________________
(Date)
Pre-applications must include a discussion of each criterion to support point values. DNR Grants Administration staff will
assign points based on reasonable and verifiable facts and not supposition. Points will be assigned in a way that provides
for consistency in interpretation and application for all pre-applications in the scoring process.
3 of 6
INTRODUCTION
History and Purpose
The Land and Water Conservation Fund (LWCF) Program is a federal program authorized by Congress with distinct
purposes. One purpose is to acquire federal lands. The other purpose is to assist states and local governments with funds
to acquire lands and develop outdoor recreation facilities. The LWCF Program, first authorized in 1965, has resulted in
Georgia receiving an accumulative total of over $92 million in matching funds.
Since fiscal year 2000, Georgia has received nearly $28 million.
Allocation to Local Governments for the 2018-2019 Funding Cycle
Currently grant funds are derived from two sources, annual appropriations and the Gulf of Mexico Energy Security Act also
known as GOMESA. The U.S. Department of Interior, National Park Service (NPS) allocates the funds through state
agencies as a grants program to state and local governments. Georgia’s allocation to local governments in the 2018-2019
funding cycle will be between $5 million and $6 million.
Division of Available Funds
In order to ensure that only high caliber projects are awarded grants, DNR reserves the right to set minimum scores. If
there is an insufficient number of high-scoring-high caliber projects, DNR may delay grant awards and solicit new grant
applications/proposals the following year. The calculations below are based on the highest anticipated grant funds.
Summary of 2018-2019 LWCF Dollars
Funding Categories Dollar-Value
Percent
of Total
Acquisition Projects $1,500,000 25%
Development Projects $1,500,000 25%
Rehabilitation Projects $3,000,000 50%
Total: $6,000,000 100%
Eligible Applicants
Eligible applicants for the local government share of the funds include incorporated municipalities, counties, and legally
constituted recreation authorities and commissions. Applicants must have an approved Comprehensive Plan as authorized
by the Georgia Planning Act of 1989 (Growth Strategies Law). Additionally, applicants must have a verified Service
Delivery Strategy as mandated by House Bill 489 (The Service Delivery Strategy Law, O.C.G.A 36-70-20 et seq.). The
Georgia Department of Community Affairs provides information to state agencies regarding the eligibility status of local
governments to participate in state-administered financial assistance programs. Local governments need not apply if they
are not eligible to receive state and federal grants under the Georgia Planning Act and the Growth Strategies Law.
Pre-applications
SCORP 2017-2021 is the guiding document for funding projects from the LWCF and can be found at
www.gastateparks.org/scorp. Statewide issues were gathered and new criteria were developed to evaluate projects.
These criteria are a major component of the pre-application. Local governments are asked to submit only one (1) pre-
application for its highest priority outdoor recreation project. Funds will be allocated to the highest-ranking projects
based on scores derived from the evaluation criteria. Only those local governments with the highest scoring pre -
applications will be recommended for funding and asked to submit a formal application for processing through the National
Park Service. By using this pre-application process, local governments will save a tremendous amount of time, effort and
cost given that only those pre-applications recommended for funding will be elevated to the formal application
process.
The minimum grant request is set at $25,000 (total project cost =$50,000). The maximum grant request is set at $100,000
(total estimated project cost of $200,000).
Formal Applications
Local governments receiving the highest-ranking scores on their pre-applications will be asked to submit formal
applications. If time permits, a workshop for the formal application process will be conducted. Otherwise, a formal
application manual will be mailed and the Grants Administration Unit staff will be available to answer any questions. Note:
4 of 6
An environmental screening will be required for all projects selected to proceed in the formal application process.
Based on the screening, an environmental assessment or environmental impact statement may be required.
Target Timeline for the 2018-2019 Funding Cycle
August 31, 2018
Funding cycle for 2018-2019 is announced to all municipalities, counties, parks and recreation departments, and
regional commissions.
October 31, 2018 (hand delivered by 4:00 p.m. or postmarked on or before the date)
Pre-applications are due to the Grants Administration Unit.
Each pre-application must include:
A signed Pre-application Form with narrative description;
Evaluation Criteria with justifications and/or documentation to support the points on each criterion;
A resolution adopted by the legal entity of the applicant (See Appendix A for sample);
Cost estimate;
Preliminary site plan, if available;
Plat, survey boundary map and/or legal description;
Location map.
November 2018- January 2019
Grants Administration Unit reviews pre-applications for priority rankings based on evaluation criteria, makes
recommendations to the DNR Board.
February 2019
Notifications mailed to the local governments receiving the highest-ranking scores to submit formal applications. State
clearinghouse and Historic Preservation reviews begin. On-site inspections completed.
April-May 2019
Formal applications due to Grants Administration Unit. Grants personnel will coordinate and correspond as
appropriate with each successful applicant to determine if additional documents are needed to complete the formal
application process.
TBD
Deadline for all formal applications to be submitted to the National Park Service for review and commitment of the
federal funds.
TBD
NPS formally approves grant.
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MINIMUM REQUIREMENTS
These are requirements that an applicant must meet in order to be considered for an LWCF grant. There are no points
attached to these requirements. Only one of two situations may occur: (1) Yes, the applicant meets all minimum
requirements and is therefore eligible for consideration of funding based on how the proposed project scores under t he
Evaluation Criteria; or (2) No, the applicant does not meet the minimum requirements and is therefore ineligible for funding
under the LWCF program.
Any questions concerning the minimum requirements should be addressed to the Grants Administration Unit staff.
Equal Opportunity:
Applicants must comply with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of
1973, as amended; the Age Discrimination Act of 1975; the Americans With Disabilities Act of 1990, as amended; and all
other State and Federal laws and regulations on nondiscrimination. This means that no person shall be discriminated
against on the basis of race, color, sex, national origin, age or disability for recreation programs and facilities sponsored by
applicants.
Legally Constituted Entity
The applicant must be a legally constituted governmental entity. This includes a municipality, county or a legally constituted
recreation board, commission or authority with legislative sanction.
State and Federal Laws / Regulations
Applicants must comply with existing laws and regulations for receiving and expending state and federal grant money
including, but not limited to, public notices, Georgia Planning Act, bidding and purchasing requirements, Uniform Relocation
Act, Architectural Barriers (ADAAG) regulations, Energy Standards, laws and regulations regarding Historic Preservation
and archaeological concerns, Georgia Environmental Policies Act, and National Environmental Policies Act, and related
environmental rules and regulations. Applicants must not have been debarred, suspended, or otherwise ruled ineligible to
participate in federal programs by any federal department or agency. Note: An environmental assessment will be
required for all projects selected to proceed in the formal application process.
Operation and Maintenance
Applicants must have a satisfactory track record for operation and maintenance of public recreation areas and facilities.
Those applicants with no track record are exempt from this requirement.
Grants Administration
Applicants must have demonstrated a capability for administering grants. An applicant is not ruled out if a grant has never
been awarded to that local government. It is possible, however, that applicants who have received previous recreation
grants and have not demonstrated a capability for administering grants may be deemed ineligible for assistance.
Fifty Percent Match
Applicants must document the availability of the required fifty percent (50%) match for each application. This requires that
each applicant submit a resolution passed by its governing authority that, if a grant were awarded, the required match
would be forthcoming. (See Appendix A)
User Fees
Applicants must agree that any and all user fees either resulting from this application or as part of the applicant’s system of
public parks and recreations areas cannot be so large as to be exclusionary.
Eligibility (per GA Planning Act of 1989 & Service Delivery Strategy Law)
Applicants must be in compliance with these planning requirements. Local Governments whose eligibility cannot be
verified by the Department of Community Affairs shall be deemed ineligible to apply.
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EVALUATION CRITERIA
These are the criteria to which a variable number of points are attached. These criteria are designed to measure the
overall concept of the proposed project and will produce a ranking score for each pre-application. The evaluation process
continues to provide for:
a broader range of applicant scores;
continuity of an evaluation process which will gain concurrence from the grantor agency (National Park Service)
and will be utilized for future LWCF grants cycles;
equal opportunity for all eligible sponsors and all sectors of the general public to participate in the processes and
benefits of the LWCF program, and an ability to affirmatively address and better attempt to meet priority recreation
needs; and
a continuation of an open selection process for the wise use of scarce funding resources which addresses th e
concepts of recreation needs, while promoting equity and efficiency in the allocation process.
Pre-applications must include a discussion of each criterion to support point values. DNR Grants Administration
staff will assign points based on reasonable and verifiable facts and not supposition. Points will be assigned in a
way that provides for consistency in interpretation and application for all pre-applications in the scoring process.
STATE OF GEORGIA RESOLUTION NO.
COUNTY OF FULTON
A RESOLUTION OF THE CITY OF MILTON AUTHORIZING
A PRE-APPLICATION FOR A LAND & WATER CONSERVATION FUND GRANT WITH THE
DEPARTMENT OF NATURAL RESOURCES
WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of a
municipality may adopt clearly reasonable ordinances, resolutions, and regulations; and
WHEREAS, the City of Milton has drafted a Pre-Application for a grant from the
federal Land & Water Conservation Fund, as administered by the Georgia Department
of Natural Resources, attached as Exhibit “A”; and
WHEREAS, the purpose of the Pre-Application is to obtain preliminary approval for
a grant supporting the creation of a fishing pier at Providence Park in the City of Milton
(the “Project”); and
WHEREAS, by approval and execution of this Resolution, the City of Milton assures
the Georgia Department of Natural Resources that the City has the ability and intention
to finance 50 percent of the estimated total Project cost and, in the event the City’s Pre-
Application is recommended for funding by the DNR, the City will move forward with due
diligence to prepare, or have prepared, appropriate documentation required for a
formal Land & Water Conservation Fund grant application; and,
WHEREAS, the City Council believes it is appropriate and in the best interest of the
City to authorize submission of the Pre-Application to the Georgia Department of Natural
Resources.
THEREFORE, IT IS HEREBY RESOLVED;
That the Mayor, or other City staff members as appropriate, are authorized and
directed to execute the Pre-Application and deliver it to the Georgia Department of
Natural Resources.
RESOLVED this 22nd day of October, 2018.
_________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk Seal