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Agenda Packet - CC - 11/05/2018
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, November 5, 2018 Regular Council Meeting Agenda 6:00 PM INVOCATION – Sarah LaDart 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. 18-299) 5) PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 5, 2018 Page 2 of 5 6) CONSENT AGENDA 1. Approval of the October 22, 2018 Regular City Council Meeting Minutes. (Agenda Item No. 18-300) (Sudie Gordon, City Clerk) 2. Approval of a Contract with EPR Systems USA, Inc. for the Provision of a Records Management System for Milton Fire-Rescue. (Agenda Item No. 18-301) (Robert Edgar, Fire Chief) 3. Approval of a Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program Sponsored by FEMA. (Agenda Item No. 18-302) (Robert Edgar, Fire Chief) 4. Approval of Contract Amendment between the City of Milton and Safebuilt Georgia, LLC. (Agenda Item No. 18-303) (Carter Lucas, Assistant City Manager) 5. Approval of the following Subdivision Plat: Name of Development / Location Action Comments / # lots Total Acres Density 1. Opal Alice Waldroup LL 1143 525 Cox Road Minor Plat 2 lots 2.72 .74 Lots / acre (Agenda Item No. 18-304) (Carter Lucas, Assistant City Manager) 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Prematurity Awareness Day. (Mayor Joe Lockwood) 2. Proclamation Recognizing Veterans Day. (Mayor Joe Lockwood) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 5, 2018 Page 3 of 5 3. Proclamation Recognizing Native American History Month. (Mayor Joe Lockwood) 4. A Report on the Public Involvement Process for the Former Milton Country Club. (Carter Lucas, Assistant City Manager) 8) FIRST PRESENTATION 1. RZ18-13 / VC18-07 - 13090 Hopewell Road by Kai Chiang Su Dynasty to rezone from AG-1(Agricultural) to R-3A (Single Family) to develop 73 single family lots on 47.1145 acres at a density of 1.55 units per acre and a 2 part concurrent variance to 1) reduce the rural trail from 10 feet to 5.2 feet (Sec 48-674 (1)) and 2) to reduce the stream setback from 25 feet to 0 feet [Sec. 20-426 (2)] and to consider and take action on any necessary amendment to the City’s sewer boundary. (Agenda Item No. 18-305) (Carter Lucas, Assistant City Manager) 2. ZM18-03 - Park at Bethany- Northeast corner of Bethany Bend and Cogburn Road containing 9.09 acres in 2/2, Land Lot 832 by Stanley Martin Homes to request a Zoning Modification for the following: Request to modify conditions 3(g) and 3(h) of RZ13-16 to reduce the following setbacks: 1) A reduction of the side setback adjacent to the street on lots 15 and 23 from 10 feet to 8 feet (Condition 3g). 2) A reduction of the side setbacks on front entry lots 15 through 26 from 7 feet to 6 feet (Condition 3h). (Agenda Item No. 18-306) (Carter Lucas, Assistant City Manager) 9) PUBLIC HEARING 1. Consideration of Occupational Tax Restructure. (Sarah LaDart, Economic Development Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 5, 2018 Page 4 of 5 ALCOHOL BEVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to Cindy Rodeo Collection, Inc., d/b/a Crabapple Cottage, 765 Mid Broadwell Road, Milton, Ga. 30004. (Agenda Item No. 18-307) (Bernadette Harvill, Finance Director) 10) ZONING AGENDA 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) (First Presentation at October 22, 2018 City Council Meeting) (Carter Lucas, Assistant City Manager) 11) UNFINISHED BUSINESS (None) 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 Restrooms at Providence Park. (Agenda Item No. 18-308) (Michele McIntosh-Ross, Prinicpal Planner) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 5, 2018 Page 5 of 5 2. Consideration of the following Subdivision Plat: Name of Development / Location Action Comment s / # lots Total Acres Density 1. Kingsley Estates Ph1 Unit 3A Land Lot 266 & 311 Quayside Dr. & Bodium Ct. Final Plat 9 Lots 12.14 .74 Lots / Acre (Agenda Item No. 18-309) (Melissa Branen, Plan Review Manager) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Public Works 2. Fire 3. Communications 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 18-310) TO: MILTON*, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 30, 2018 FROM: Steven Krokoff, City Manager -1 AGENDA ITEM: Approval of a Contract with EPR Systems USA, Inc. for the Provision of a Records Management System for Milton Fire - Rescue MEETING DATE: Monday, November 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (J XPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,41'ES () NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY: (,/APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on October 30, 2018 for the November 5, 2018 Regular Council Meeting Agenda Item: Approval of a Contract with EPR Systems USA, Inc. for the Provision of a Records Management System for Milton Fire-Rescue ____________________________________________________________________________ Project Description: The Fire Department’s current Records Management System (RMS) is obsolete and the current owner of the program is ceasing maintenance of the system. Additionally, it is no longer compatible with the mandatory State reporting systems (specifically on the Emergency Medical Services side of the Department). As a consequence, the Department conducted a review of available systems and a Request for Proposals to replace the RMS. EPR Systems USA was the system selected by the committee based on proposal review and presentations. The initial contract period is annual, with scheduled renewal for five years. Procurement Summary: Purchasing method used: RFP Account Number: 100-3510-523850107 Requisition Total: $28,033.00 Vendor DBA: EPR Systems USA, Inc. Financial Review: Bernadette Harvill, October 30, 2018 This project is already funded in the Fiscal Year 2019 Maintenance and Operating Budget (100-3510-523850107). The cost for the extension is $28,033. A scheduling software is also needed (the current program provided both RMS and scheduling), but the need for this add-on was required by both bid systems and other systems reviewed by the Department. This will be handled through a separate ITB process. Alternatives: This is required to meet a state mandate. An RMS system needs to be provided, and the current one is no longer a viable option. The Department could sign onto the State system, but the data, program set-up and maintenance are all directed by the State, limiting flexibility and control on the part of the Department as the State system is one-size-fits-all for all fire-rescue and EMS services across Georgia. This is not the recommended option. Legal Review: Sam Van Volkenburgh & Ken Jarrard, October 29, 2018 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Proposed agreement No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: 18-FD03 RFP Title: Comprehensive Fire-EMS Records Management System Due Date and Time: September 25, 2018 at 2:00 PM Local Time Number of Pages: 46 ISSUING DEPARTMENT INFORMATION Issue Date: August 30, 2018 City of Milton Fire-Rescue Department 750 Hickory Flat Rd. 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-FD03 (Name of Company or Firm) Special Instructions: Deadline for Written Questions September 10, 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-FD03 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: Sample Standard Contract 3 | RFP 18-FD03 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-FD03 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-FD03 City of Milton RFP# 18-FD03 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-FD03) Comprehensive Fire-EMS Records Management System. 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-FD03 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 establish ed 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 Fire-EMS Records Management System Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______ ___, 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-FD03 SCHEDULE OF EVENTS Task Date Issue RFP August 30, 2018 Deadline for Questions September 10, 2018 by 5:00 p.m. EST Answers Posted by the City (Addendum) On or about, September 13, 2018 Proposals Due By 2:00 p.m. EST on September 25, 2018 Interview Firms (if necessary) Week of October 8, 2018 (proposed) Award Contract October 22, 2018 (proposed) NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. 8 | RFP 18-FD03 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 vendors to implement and support a comprehensive records management system (RMS) for the Fire-Rescue Department. Milton Fire-Rescue has operated on the same RMS platform for the past 10 years. This current RMS is no longer compatible with the various state and federal reporting requirements. The need to come into compliance precipitated this RFP. The winning bidder will provide a records management system tailored to the Fire- Rescue service and is compliant with the following systems: 1. National Emergency Medical Service Information System (NEMSIS) 2. Georgia Emergency Medical Service Information System (GEMSIS) 3. National Fire Incident Reporting System (NFIRS) Services will include: 1. Regular data transfer to GEMSIS/NEMSIS and NFIRS in a simple format 2. State EMS Reporting 3. Federal Fire Reporting 4. Fire incident reporting 5. Personnel Scheduling 6. Day-to-day help desk support 7. Integration/migration of data from the existing Firehouse software, 8. Department management functions such as inventory, inspections, preplans, and data analytics. Upon a successful bid process, a single Vendor will be selected to provide Fire- Rescue RMS services to the fire department. The department intends to go “live” with this system on or about December 1, 2018. 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: 9 | RFP 18-FD03 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 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 September 10, 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 September 13, 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. 10 | RFP 18-FD03 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 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 11 | RFP 18-FD03 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 Department’s current Firehouse RMS to the offeror’s system, including data transfer, training, and any other steps necessary to deploy the new system on or about December 1, 2018. The proposed timeline should describe the necessary actions, responsible parties and target completion dates. Key action items for consideration are listed below: 7) Methodology/Operations: The proposal should address the following: i. Provide detailed explanations of the services that are included in the standard RMS ii. Provide detailed explanations of the services that would incur additional charges beyond the standard RMS, including modules/services described in the scope that the offeror does not provide. iii. Describe the customer support model for regular business hours and non-business hours. Include standard hours of operation, support tiers, and average response times. iv. Briefly describe the proposed system and its technical specifications (database, cloud services, etc.). v. 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, September 25, 2018. Emailed responses to requests for proposals are not acceptable. 12 | RFP 18-FD03 Proposals will be opened at approximately 2:05 p.m. and names of Vendors will be announced. *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-FD03 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-FD03 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-FD03 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-FD03 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 The City of Milton, Georgia is seeking Proposals from qualified providers for a Records Management System (RMS) for the Fire-Rescue Department. Milton Fire-Rescue (MFR) operates three fire stations directly, one shared station through an automatic aid agreement, and is currently building an additional station. Dispatch services are provided through contract with Alpharetta Department of Public Safety who currently operates on the Superion (Sungard- OSSI) platform. There are typically (6) six staffed units on a given day including three engines, one ladder truck, a battalion chief, and a rescue. The department also has a technical rescue unit, a support pickup, and a ready-reserve ladder and engine which may be put into service as front line vehicles in events of emergency or high-volume. MFR operates with a staff of 61 and responded to approximately 2,500 incidents in 2017 with 3,100 individual unit responses. Approximately half of those responses were to EMS calls. We also have seven people assigned to administrative duties. Not all of these units are on the RMS at one time. 3.1 Software Communication MFR is dispatched by a neighboring jurisdiction that uses the Superion (Sungard-OSSI ) CAD system. The new RMS software to be purchased shall have the capability to receive information from this CAD including units dispatched, times, and other data consistent with NFIRS/GEMSIS requirements. Our system is currently not directly integrated into the CAD system (which resides behind the provider’s firewall), but is instead set up for a regular data transfer via a shared file. The new RMS will be configured in a similar manner. 17 | RFP 18-FD03 3.2 Reporting A. The RMS software shall be NFIRS compliant. It shall have the capability to submit NFIRS data to the Georgia State Fire Marshal or to the National Fire Incident Reporting System as appropriate. The offeror should describe the proposed system of submission and any experience with creating reports for both/either the state and federal fire information systems. B. The RMS software shall have the capability to submit GEMSIS data to the Georgia Office of EMS consistent with their current regulations. C. Both of the above data submissions shall be set-up in a way that allows a person at the Fire Department to submit data with limited computer expertise and allows direct reporting to the appropriate agencies as available. D. The offeror or shall maintain compatibility with NFIRS and GEMSIS or their respective successor systems for the life of this contract. E. The offeror shall provide training in the use of the program for both end users and department system administrators on at least three dates to accommodate shift employees. The training shall include system administration, any needed installation or transfer of RMS interface, general system operations, trouble shooting, and common problems related to softw are operation and interface with other systems. F. The program should be capable of importing Lifepack 15 (or similar unit) data into its EMS reports. Offeror should provide a description of this integration capability. F. The department is interested in a hosted RMS. The infrastructure, data security, and data maintenance system shall be described in the response. 3.3 Scheduling/Personnel The department currently uses the Firehouse RMS for all of its scheduling. The new system will allow full-integration between reporting and the scheduling. The department is currently looking to move to a scheduling system that allows for shift scheduling, reporting, alerts, a mobile app, time off scheduling/requests, shift trades, call back, time off accrual/balance, cloud file storage, telecommunication (text/phone call), etc.. The Offeror needs to either describe their in-house system or recommended third- party scheduling systems that integrate with their program. 18 | RFP 18-FD03 3.4 Training The department currently uses Target Solutions for its training records management. The offeror should provide integration for records management and analytics as well as costs for partnering with this program, including integration into the offeror’s RMS. 3.5 Building Inspections, Plan Review, Hydrants, and Pre-plans The RMS software shall have the capability to schedule and document building inspections, issue/track permits, create a building history, track and locate fire hydrants, and maintain a preplan that is readily accessible to units in the field. 3.6 Quartermaster/Supplies The RMS shall provide equipment and supplies tracking, maintenance scheduling, expense tracking, etc. to include vehicles, daily checkoffs, EMS supplies, uniforms, equipment, and personal protective gear. Offeror shall describe their quartermaster/supplies tracking program, its components, and capabilities. 3.7 Activities Tracking The RMS should be able to provide a journal/activities tracking capability that corresponds to dispatched calls and generated case numbers, but also allows user unit and time-spent input for other events including public education, department projects, meetings, consultations, routine equipment maintenance times, and other non-call related department functions. 3.7 Data Analytics The program shall provide a data analytics system and reporting. The software shall have built-in reporting and analytic capability that non- experts can use to get commonly used fire service data for basic decision-making purposes and open records requests. Trained users shall be able to design and generate custom reports and analytics. Data shall be available within the analytics program with the capability of displaying in a graphic format, and convertible to a current version of Excel. Vendor shall provide any advanced training for advanced users in MFR who will make routine use of the analytics program. 19 | RFP 18-FD03 The department is interested in a program that is ESRI compatible. The offeror shall describe any ESRI or mapping functions both for internal and external customers. Any ability to create a public facing data portal (and any associated costs) should also be included in the bid. 3.8 Data Transfer Proposals shall include the transfer of previous data from the Firehouse system, including updating non-compliant data from 2018 to match NEMSIS elite requirements. 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 be for a turnkey RMS system, to include: Total cost for implementation of for data transfer, Annual maintenance for a period of three years, Appropriate training sessions to prepare shift workers on three shifts and system administrators, Annual licensing/user pricing by unit and total recommended based on department staffing and vehicles, and Integration with other components (CAD, Target Solutions, ESRI/Mapping, Scheduling, and any other needed support program). 20 | RFP 18-FD03 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 (60 pts.) b. Company History & Experience: Proposals will score the highest in this category that demonstrate the firms’ stability and experience in providing a comprehensive Fire-Rescue RMS 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 = 100 pts B. Cost Proposal: Cost proposals will only be considered for the short-listed firms from the technical evaluation. (20 pts.) Total possible points available = 120 pts C. Demonstrations/Interviews: Demonstrations/interviews may be requested from the short-listed firms. 21 | RFP 18-FD03 SECTION 7: STANDARD CONTRACT INFORMATION 7.0 STANDARD CONTRACT The City’s standard contract is attached to this document as Appendix A. 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 A, 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 A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. 7.2 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 22 | RFP 18-FD03 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. 23 | RFP 18-FD03 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 A 24 | RFP 18-FD03 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 Agreeme nt 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 Agree ment 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, eq uipment, or other personal property 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 25 | RFP 18-FD03 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 insp ections, 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 26 | RFP 18-FD03 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 bodies 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 27 | RFP 18-FD03 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 28 | RFP 18-FD03 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. 29 | RFP 18-FD03 (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 30 | RFP 18-FD03 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 31 | RFP 18-FD03 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. 32 | RFP 18-FD03 (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 33 | RFP 18-FD03 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 34 | RFP 18-FD03 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. [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. 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. 35 | RFP 18-FD03 (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 36 | RFP 18-FD03 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 i n 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 Vendor covenants and declares that it has obtained all necessary approvals of 37 | RFP 18-FD03 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 38 | RFP 18-FD03 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 39 | RFP 18-FD03 (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. 40 | RFP 18-FD03 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 41 | RFP 18-FD03 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, i f 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] 42 | RFP 18-FD03 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 43 | RFP 18-FD03 EXHIBIT “A” EXHIBIT “B” EXHIBIT “C” 44 | RFP 18-FD03 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: _______________________________ 45 | RFP 18-FD03 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: ________________________________ 46 | RFP 18-FD03 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 1 | P a g e R F P 1 8 -F D03 -A d d e n d u m # 1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 RFP 18-FD03 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced RFP. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 2 | P a g e R F P 1 8 -F D03 -A d d e n d u m # 1 ADDENDUM #1 RFP 18-FD03 This Addendum forms a part of the contract documents and modifies the original RFP documents as noted below: QUESTIONS AND ANSWERS 1. Can Offerors outside the US submit for the RFP? ~Yes, as long as they can agree to the terms and conditions spelled out in our contract and to the scope of services, we can consider their bid. For the E-Verify affidavit, the company would have to submit something that states they have no employees within the U.S. 2. Will Offerors need to come to Milton for meetings? ~ The Offeror should expect to interact with users at the City as closely as possible and familiarize themselves with the Milton are in order to evaluate, plan, and implement a successful Strategy & Marketing Plan. The City does not expect a constant onsite presence during implementation, though some portions of the process will require a hands-on approach. 3. Can RFP-related tasks be performed outside the continental United States? ~ Yes 4. Can proposals be submitted by email? ~ No 5. How many records of legacy data will need to be converted? Is it all NEMSIS version 2 data? ~ Below is the data to be transferred. The information collected is NEMSIS 2.0 data: CY 18 ONLY Estimate Current Total (2009- Sept 2018) 2009 through CY2018 Estimate Incident Reports 2880 20952 21233 PCRs 1219 9836 12295 Investigations 10 136 140 Occupancies 530 530 530 Inspections 1144 6527 8158.75 Staff 64 99 99 Activity 12503 120000 150000 Hydrants 2782 2782 2782 Training 0 4037 4037 Hydrant Inspections 2782 35200 35200 3 | P a g e R F P 1 8 -F D03 -A d d e n d u m # 1 6. Is the response limited to 20 pages including appendix items, cover page, executive summary, and attachments? ~ No, mandatory pages such as the cover page and other “Must be Returned with Proposal” pages are not included towards the 20 page limit. That page limit is inclusive of information submitted on behalf of the Offeror. 7. Is the anticipated go-live date listed in the proposal a firm deadline? Is there any flexibility on this requirement? ~ The go-live date is flexible, but no later than November 30, 2018. EXHIBIT “B” ~ Please note the original price has been superseded by the negotiated price attached in Exhibit B ~ No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text No Text 6 1 RFP 18-FD03 HOMF OF ESTABLES I IED 27 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. § 1310- 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: 1351469 eVerify Number 10/17/18 Date of Authorization EPR SYSTEMS USA, INC._ Name of Contractor Comprehensive Fire -EMS Records Management System Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on �_�", 201 in (city), _LL(state). (4--�2�6 L -t-1 Signature of Authorized Officer , gent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _� DAY OF Zyc=--i _ 201 NOTARY PUBLIC JOHN DRINKELL �i MY COMMISSION # GG089323 EXPIRES July 12 . 2, 2021 John Drinkell 5020 Clark Rd Sarasota, FL 34233 No Text No Text No Text No Text No Text No Text No Text No Text MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 29, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program Sponsored by FEMA MEETING DATE: Monday, November 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,KAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (-NO CITY ATTORNEY REVIEW REQUIRED: () YES (''NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: l'I C.47c ": 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: Robert Edgar, Fire Chief Date: Submitted October 29, 2018 for the November 5, 2018 Regular City Council Meeting Agenda Item: Approval of a Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program Sponsored by FEMA _____________________________________________________________________________________ Department Recommendation: Approve the submission of a grant application to the Department of Homeland Security for the Assistance to Firefighters Grant (AFG) Program for the modification of Station 43 and Station 41 to provide diesel exhaust management systems. This project is a retrofit of tw o of our current stations in the interest of employee health and supports the City’s firefighter cancer initiative. Executive Summary: The purpose of the “Assistance to Firefighters Grant” (AFG) is to award grants directly to fire departments to enhance their abilities to equip field personnel in the performance of their general duties. Station modifications (usually safety- related) is one of the available grant categories. This project includes the purchase of seven station-mounted exhaust management systems to be installed in Station 41 and Station 43 (Station 42 is not included as it slated for replacement, nor is the impending Station 44 since recently-built stations are ineligible for retrofit under the Grant program). The units are track-mounted with a hose attaching to the tailpipe of each apparatus. This vents outside, so working and sleeping facilities are not contaminated by the continual presence of diesel exhaust (especially in these two older stations where there is limited separation between the bays and the sleeping/living quarters). The grant funds systems for actual vehicles in the stations, not empty bays, so seven units are being requested to align with current vehicles in these stations. Procurement Summary: This has a match involved. The total project cost is $98,000 and the City’s match—if funded—is $8,909. Purchasing method used: Other (See Comment Above) Account Number: Account Number TBD upon Council Approval Requisition Total: $ 8,909.00 Financial Review: Bernadette Harvill, October 29, 2018 Legal Review: To be reviewed upon successful award of the grant. Concurrent Review: Steve Krokoff, City Manager Attachment: Department of Homeland Security, FEMA, Assistance to Firefighters Grant (AFG) Application Entire Application DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency AFG Application (General Questions and Narrative) OMB No.: 16600054 Expiration Date: August, 31 2019 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this data collection is estimated to average 9 hours per response for FEMA Form 08002 "AFG Application (General Questions and Narrative)". The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and submitting this form. This collection of information is required to obtain or retain benefits. You are not required to respond to this collection of information unless a valid OMB control number is displayed on this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 204723100, Paperwork Reduction Project (16600054) NOTE: Do not send your completed form to this address. Applicant's Acknowledgements * I certify the DUNS number in this application is our only DUNS number and we have confirmed it is active in SAM.gov as the correct number. * As required per 2 CFR ¿ 25, I certify that prior to submission of this application I have checked the DUNS number listed in this application against the SAM.gov website and it is valid and active at time of submission. * I certify that the applicant organization has consulted the appropriate Notice of Funding Opportunity and that all requested activities are programmatically allowable, technically feasible and can be completed within the award's one (1) year Period of Performance (POP). * I certify that the applicant organization is aware that this application period is open from 09/24 to 10/26/2018 and will close at 5 PM EST; further that the applicant organization is aware that once an application is submitted, even if the application period is still open, a submitted application cannot be changed or released back to the applicant for modification. * I certify that the applicant organization is aware that it is solely the applicant organization's responsibility to ensure that all activities funded by this award(s) comply with Federal Environmental planning and Historic Preservation (EHP) regulations, laws, and Executive Orders as applicable. The EHP Screening Form designed to initiate and facilitate the EHP Review is available at: http://www.fema.gov/media-library-data/1431970163011- 80ce3cd907072a91295b1627c56d8fd2/gpd_ehp_screening_form_51815.pdf * I certify that the applicant organization is aware that the applicant organization is ultimately responsible for the accuracy of all application information submitted. Regardless of the applicant's intent, the submission of information that is false or misleading may result in actions by FEMA that include, but are not limited to: the submitted application not being considered for award, an existing award being locked pending investigation, or referral to the Office of the Inspector General. Signed by Matt Marietta on 2018-10-02 13:22:19.0 Overview * Did you attend one of the workshops conducted by an AFG regional fire program specialist? No, I have not attended workshop * Did you participate in a webinar that was conducted by AFG? Yes Page 1 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... * Are you a member, or are you currently involved in the management, of the fire department or nonaffiliated EMS organization or a State Fire Training Academy applying for this grant with this application? Yes, I am a member/officer of this applicant If you answered "No", please complete the information below. If you answered "Yes", please skip the Preparer Information section. Fields marked with an * are required. Preparer Information Preparer's Name Address 1 Address 2 City State Zip - Need help for ZIP+4? In the space below please list the person your organization has selected to be the primary point of contact for this grant. This should be a department officer or member of the organization who will see this grant through completion, including closeout. Reminder: if this person changes at any time during the period of performance please update this information. Please list only phone numbers where we can get in direct contact with the POC. Primary Point of Contact * Title Deputy Chief Prefix (select one) N/A * First Name Matt Middle Initial * Last Name Marietta * Primary Phone 678-242-2541 Ext. Type work * Secondary Phone 404-840-1898 Ext. Type cell Optional Phone Type Fax * Email matthew.marietta@cityofmiltonga.us FEMA Form 080-0-2 Contact Information Alternate Contact Information Number 1 * Title Fire Chief Prefix (select one) N/A * First Name Robert Middle Initial * Last Name Edgar * Primary Phone 678-242-2601 Ext. Type work * Secondary Phone 404-387-6855 Ext. Type cell Optional Phone Type Fax Page 2 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... * Email robert.edgar@cityofmiltonga.us Alternate Contact Information Number 2 * Title Director of Finance Prefix (select one) N/A * First Name Bernadette Middle Initial * Last Name Harvill * Primary Phone 678-777-2799 Ext. Type cell * Secondary Phone 678-242-2510 Ext. Type work Optional Phone Type Fax * Email bernadette.harvill@cityofmiltonga.us FEMA Form 080-0-2 Page 3 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... Applicant Information EMW-2018-FO-02863 Originally submitted on 10/25/2018 by Matthew Marietta (Userid: miltongrants) Contact Information: Address: 750 Hickory Flat Rd. City: Milton State: Georgia Zip: 30004 Day Phone: 6782422541 Evening Phone: Cell Phone: 4048401898 Email: matthew.marietta@cityofmiltonga.us Application number is EMW-2018-FO-02863 * Organization Name City of Milton Fire Department * Type of Applicant Fire Department/Fire District * Fire Department/District, Non-Affiliated EMS, and Regional applicants, select type of Jurisdiction Served : City If "Other", please enter the type of Jurisdiction SAM.gov (System For Award Management) * What is the legal name of your Entity as it appears in SAM.gov? Note: This information must match your SAM.gov profile if your organization is using the DUNS number of your Jurisdiction. Milton, City of * What is the legal business address of your Entity as it appears in SAM.gov? Note: This information must match your SAM.gov profile if your organization is using the DUNS number of your Jurisdiction. * Mailing Address 1 2006 Heritage Walk Mailing Address 2 * City Milton * State Georgia * Zip 30004 - 5892 Need help for ZIP+4? * Employer Identification Number (e.g. 12-3456789) Note: This information must match your SAM.gov profile. 51-0608862 * Is your organization using the DUNS number of your Jurisdiction? Yes I certify that my organization is authorized to use the DUNS number of my Jurisdiction provided in this application (Required if you selected Yes above) * What is your 9 digit DUNS number? (call 1-866-705-5711 to get a DUNS number) 788804735 If you were issued a 4 digit number (DUNS plus 4) by your Jurisdiction in addition to your 9 digit number please enter it here. Note: This is only required if you are using your Jurisdiction's DUNS number and have a separate bank account from your Jurisdiction. Leave the field blank if you are using your Jurisdiction's bank account or have your own DUNS number and bank account separate from your Jurisdiction. Page 4 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... * Is your DUNS Number registered in SAM.gov (System for Award Management previously CCR.gov)? Yes * I certify that my organization/entity is registered and active at SAM.gov and registration will be renewed annually in compliance with Federal regulations. I acknowledge that the information submitted in this application is accurate, current and consistent with my organization's/entity's SAM.gov record. Headquarters or Main Station Physical Address * Physical Address 1 2006 Heritage Walk Physical Address 2 * City Milton * State Georgia * Zip 30004 - 5892 Need help for ZIP+4? Mailing Address * Mailing Address 1 2006 Heritage Walk Mailing Address 2 * City Milton * State Georgia * Zip 30004 - 5892 Need help for ZIP+4? Bank Account Information * The bank account being used is: (Please select one from the right) Maintained by my Jurisdiction Note: The following banking information must match your SAM.gov profile. * Type of bank account Checking * Bank routing number - 9 digit number on the bottom left hand corner of your check 061000104 * Your account number 1000137235791 Additional Information * For this fiscal year (Federal) is your organization receiving Federal funding from any other grant program that may duplicate the purpose and/or scope of this grant request? No * Is the applicant delinquent on any Federal debt? No If you answered yes to any of the additional questions above, please provide an explanation in the space provided below: FEMA Form 080-0-2 Fire Department/Fire District Department Characteristics (Part I) * Is this application being submitted on behalf of a Federal Fire Department or organization contracted by the Federal government which is solely responsible for the suppression of fires on Federal property? No * What kind of organization do you represent? All Paid/Career Page 5 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... If you answered "Combination", above, how many career members in your organization? (whole numbers only) If you answered "Volunteer" or "Combination" or "Paid on- call", how many of your volunteer Firefighters are paid members from another career department? (whole numbers only) * What type of community does your organization serve? Suburban * Is your Organization considered a Metro Department? (Over 350 paid career Firefighters) No * What is the square mileage of your first-due response area? (whole number only) 40 * What percentage of your response area is protected by hydrants? (whole number only) 90 % * In what county/parish is your organization physically located? If you have more than one station, in what county/parish is your main station located? Fulton * Does your organization protect critical infrastructure? Yes If "Yes", please describe the critical infrastructure protected below: Verizon Wireless SE HQ, Citrix tech support and back Up systems, Philips Healthcare realtime diagnostic facility, additional regional IT, communications, and data facilities. * What percentage of your primary response area is for agriculture, wildland, open space, or undeveloped properties? ¿ 37 % * What percentage of your primary response area is for commercial and industrial purposes? 6 % * What percentage of your primary response area is used for residential purposes? 57 % * What is the permanent resident population of your Primary/First-Due Response Area or jurisdiction served? (whole numbers only) 37000 * Do you have a seasonal increase in population? No If "Yes" what is your seasonal increase in population? * How many active firefighters does your department have who perform firefighting duties? (whole numbers only) 61 * How many members in your department/organization are trained to the level of EMR or EMT, Advanced EMT or Paramedic? (whole numbers only) 61 Does your department have a Community Paramedic program? Yes How many personnel are trained to the Community Paramedic level? (whole numbers only) 1 * How many stations are operated by your organization? (whole numbers only) 3 * Is your department compliant to your local Emergency Management standard for the National Incident Management System (NIMS)? Yes * Do you currently report to the National Fire Incident Reporting System (NFIRS)? Note: You will be required to report to NFIRS for the entire Yes Page 6 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... period of the grant. AFG does not require NFIRS reporting for nonaffiliated EMS Organizations and State Fire Training Academy. If you answered "Yes" above, please enter your FDIN/FDID 6014 * How many of your active firefighters are trained to the level of Firefighter I (or equivalent)? (whole numbers only) 61 * How many of your active firefighters are trained to the level of Firefighter II (or equivalent)? (whole numbers only, include all personnel who have attained Firefighter I) 58 Are you requesting training funds in this application to bring 100% of your firefighters into compliance with NFPA 1001? No If you indicated that less than 100% of your firefighters are trained to the Firefighter II level and you are not asking for training funds to bring everyone to the Firefighter II level in this application, please describe in the box below your training program and your plans to bring your membership up to Firefighter II. These are new employees. We had several retirements in 2017 and brought on new firefighters to fill the positions. Firefighter II and EMT are the basic requirements for Milton, so all of these employees are in the process of earning their Firefighter II. * What services does your organization provide? Advanced Life Support Airport Rescue Firefighting (ARFF) * Please describe your organization and/or community that you serve. Milton Fire-Rescue was formed in 2007. Prior to this time, the 40 square miles that are now the City were largely rural. However, as metro Atlanta grew, rapid development began. The challenge of development faced by the department is best exemplified by the rapid increase in population: estimated at 14,000 in the 2000 census and approximately 20,000 residents at the time of the Fire Department's launch in 2007. Despite attempts at encouraging rural development and environmental preservation by the elected officials, by 2018, the population has bloomed to nearly 40,000. In the name of efficiency, the Fire Department originally formed as part of a public safety department, with police and firefighters answering to the same administrative and command staff, but with each discipline functioning as different units at the operational level (e.g. no cross-functioning on the line level). This allowed us to minimize staff personnel (e.g. the training officer served both departments, and the Fire Marshal managed logistics as well as prevention), but ideological differences between police and firefighters and the repeated loss of the erstwhile public safety director to serve as the interim city manager (three times in the first three years) led to the split into separate police and fire departments in 2009. Since the launch of the combined department in 2007, staffing in the field has only increased by six firefighters (to staff a rescue that was added in 2014). Call volume has increased over that time...2017 saw the highest call volume in Milton's existence. We are a can-do department that does not say "no" to requests for assistance and meets the widely varied demands of our community and management with professionalism and good humor. The city is a blend of character areas, ranging from urban to rural equestrian and farmland. The denser urban area is concentrated in the southeastern part of the city and features multi-family residential, mid-rise office buildings, corporate centers, and the usual big-box shopping centers. There are two historical areas elsewhere in the city that are seeing a lot of "live-work-play" (mixed use) development with narrow streets and three story multi-use structures currently occupied or planned for the near future. Finally, in between these developed areas is more rural development. We have 61 firefighters in the all-career department (90% in operations) and daily suppression staffing covers three engines, a ladder, a rescue, and a battalion chief. The department has had to be very flexible to meet the demands of this very diverse built environment, a task which is made more difficult by the relatively large area we cover out of only three stations. We also have a fourth apparatus--our ladder--based out of the fire station of one of our automatic aid partners and also maintain automatic aid relationships with two other neighboring jurisdictions to meet the needs of this community. Finally, beyond the diversity of the built-environment and the booming population and construction, the limited staff and stations covering a large area, we are further hampered by a millage rate that was capped at incorporation by the state assembly where our taxes can only be raised by a majority vote of the citizens (e.g. we won't be raising taxes to fund the fire department anytime soon). Despite this, our firefighters enjoy an excellent reputation in the city due to their hard work professionalism, and extensive community involvement. FEMA Form 080-0-2 Fire Department Characteristics (Part II) 2017 2016 2015 0 0 0 Page 7 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... * What is the total number of fire-related civilian fatalities in your jurisdiction over the last three calendar years? * What is the total number of fire-related civilian injuries in your jurisdiction over the last three calendar years? 0 0 0 * What is the total number of line of duty member fatalities in your jurisdiction over the last three calendar years? 0 0 0 * What is the total number of line of duty member injuries in your jurisdiction over the last three calendar years? 0 4 1 *Over the last three years, what was your organization's operating budget? 6332403 * How much of your TOTAL budget is dedicated to personnel costs (salary, overtime and fringe benefits)? 5331002 Does your department have any rainy day reserves, emergency funds, or capital outlay? Yes If Yes, what is the total amount currently set aside? 1331968 If Yes, describe the planned purpose of this fund Our most populated area of the city does not have a station (we are beginning programming for it), our 30 SCBAs are 2002 standard and about to expire/hydro, and most of our apparatus have more than 100,000 miles and we are trying to replace them as well. Finally, one station was originally slated for replacement in 1996 and we are still operating out of it...funding is being put aside for this as well. * What percentage of your annual operating budget is derived from: Enter numbers only, percentages must sum up to 100% 2017 2016 2015 Taxes? 99 % 99 % 99 % Bond Issues? 0 % 0 % 0 % EMS Billing? 0 % 0 % 0 % Grants? 0 % 0 % 0 % Donations? 0 % 0 % 0 % Fund drives? 0 % 0 % 0 % Fee for Service? 1 % 1 % 1 % * Applicants should describe their financial need and how consistent it is with the intent of the AFG Program. This statement should include details describing the applicant's financial distress, including summarizing budget constraints, unsuccessful attempts to obtain vehicle and outside funding, and proving the trouble is out of their control. Milton needs federal assistance because we are already doing more with less. For example, the fire marshal is also responsible for emergency management and, until recently, for the solid waste program (e.g. garbage collection) and for city-wide fleet management. The demands of the City and its rapid growth have required that we focus on absolute necessities. The fire department needs assistance to keep up with these pressing demands. As an added challenge, the City Charter (enacted by the state General Assembly) has its tax rate set at 4.731 mills, which prevents us from raising taxes to meet budgetary needs (except by a majority vote by the citizens of Milton (the council cannot raise taxes). As a primarily residential community, our commercial/industrial tax base is disproportionately smaller than other cities, and our community's green approach to development seeks to limit excessive commercial and preserve green space. Thus, our stable but essentials-only spending patterns are set for the foreseeable future. The City of Milton has an approximately 26.6 million dollar budget and only 144 fulltime employees. Of this, the fire department has a 6.3 million dollar budget with about 84% of that going to salary and benefits. These limitations do not change the basic needs of our fire department, and the fact that the Department (staffing/station distribution) was set up for the area's 2000 census population of 15,000 but is currently serving 38,000 residents (and growing very rapidly). As a final blow to our capital planning at this critical time, Milton recently reallocated/lost part of its capital budget due to a property valuation dispute at the county level (who collects our taxes). As a result, we lost more than 300,000 from our planned capital fund which was reallocated to meet operational needs in Fiscal Year 2018. As we enter FY 2019, we still don¿t know how the tax assessment and appeals are going to work out¿an issue entirely outside of our control. This results in a short fall at a time when turnouts, SCBAs, apparatus, and even stations are all reaching the end of their usable life (one station we inherited from the county was scheduled to be replaced in 1996¿we are still in this dilapidated building). Based on our development patterns, we also have limited commercial and no industrial, so the usual sales and corporate tax base is Page 8 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... comparatively non-existent. This is not likely to change. Most critically, the more urban development area of the city (with mid-rise commercial, corporate centers, and multifamily residential) does not have a Milton fire station nearby (the closest Milton station is 5 to 7 miles from the heavily-developed district). The City has finally gotten to the point where it is building a station in this area (after 12 years) with all that entails. This station is slated to open in the spring of 2020 (and has already been delayed several times). As a consequence of this capped tax rate, limited commercial development, a large territory to cover, explosive population growth, and the needs of a new station, our capital budget will be very tight for the foreseeable future. The funding for this grant is for exhaust- extraction systems, which none of our three stations have. We are seeking this funding, because we are doing everything we can to keep our firefighters safe in light of the new cancer-related research (e.g. chaning our vehicle purchasing and specs, station design, on-scene decon, hood-replacement program). Funding this grant will help us increase long-term firefighter safety while still allowing us to chip away at our other critical needs. * In cases of demonstrated economic hardship, and upon the request of the grant recipient, the FEMA Administrator may waive or reduce an AFG grant recipient's cost share requirement. Is it your department's intent to apply for cost share waiver? No * How many vehicles does your organization have in each type or class of vehicle listed below? You must include vehicles that are leased or on long-term loan as well as any vehicles that have been ordered or otherwise currently under contract for purchase or lease by your organization but not yet in your possession. ( Enter numbers only and enter 0 if you do not have any of the vehicles below. ) Type or Class of Vehicle Number of Front Line Apparatus Number of Reserve Apparatus Number of Seated Riding Positions Engines or Pumpers (pumping capacity of 750 gpm or greater and water capacity of 300 gallons or more): Pumper, Pumper/Tanker, Rescue/Pumper, Foam Pumper, CAFS Pumper, Type I or Type II Engine Urban Interface 3 1 24 Ambulances for transport and/or emergency response: 1 0 2 Tankers or Tenders (pumping capacity of less than 750 gallons per minute (gpm) and water capacity of 1,000 gallons or more): 0 0 0 Aerial Apparatus: Aerial Ladder Truck, Telescoping, Articulating, Ladder Towers, Platform, Tiller Ladder Truck, Quint 1 1 12 Brush/Quick attack (pumping capacity of less than 750 gpm and water carrying capacity of at least 300 gallons): Brush Truck, Patrol Unit (Pickup w/ Skid Unit), Quick Attack Unit, Mini-Pumper, Type III Engine, Type IV Engine, Type V Engine, Type VI Engine, Type VII Engine 0 0 0 Rescue Vehicles: Rescue Squad, Rescue (Light, Medium, Heavy), Technical Rescue Vehicle, Hazardous Materials Unit 1 1 4 Additional Vehicles: EMS Chase Vehicle, Air/Light Unit, Rehab Units, Bomb Unit, Technical Support (Command, Operational Support/Supply), Hose Tender, Salvage Truck, ARFF (Aircraft Rescue Firefighting), Command/Mobile Communications Vehicle 2 0 8 FEMA Form 080-0-2 Fire Department Call Volume 2017 2016 2015 *Summary of responses per year by category (Enter whole number only. If you have no calls for any of the categories, Enter 0) Page 9 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... Fire - NFIRS Series 100 98 120 88 Overpressure Rupture, Explosion, Overheat (No Fire) - NFIRS Series 200 252 Rescue & Emergency Medical Service Incident - NFIRS Series 300 1186 1048 1197 Hazardous Condition (No Fire) - NFIRS Series 400 90 70 98 Service Call - NFIRS Series 500 371 309 283 Good Intent Call - NFIRS Series 600 580 567 438 False Alarm & False Call - NFIRS Series 700 246 243 250 Severe Weather & Natural Disaster - NFIRS Series 800 13 14 2 Special Incident Type - NFIRS Series 900 13 7 4 FIRES * How many responses per year by category? (Enter whole number only. If you have no calls for any of the categories, Enter 0) Of the NFIRS Series 100 calls, how many are "Structure Fire" (NFIRS Codes 111-120)34 42 38 Of the NFIRS Series 100 calls, how many are "Vehicle Fire" (NFIRS Codes 130-138)9417 Of the NFIRS Series 100 calls, how many are "Vegetation Fire" (NFIRS Codes 140-143)25 38 19 What is the total acreage of all vegetation fires? 9 79 19 RESCUE AND EMERGENCY MEDICAL SERVICE INCIDENTS * How many responses per year by category? (Enter whole number only. If you have no calls for any of the categories, Enter 0) Of the NFIRS Series 300 calls, how many are "Motor Vehicle Accidents" (NFIRS Codes 322-324)130 125 180 Of the NFIRS Series 300 calls, how many are "Extrications from Vehicles" (NFIRS Code 352)622 Of the NFIRS Series 300 calls, how many are "Rescues" (NFIRS Codes 300, 351, 353-381)54 26 26 How many EMS-BLS Response Calls 104 156 188 How many EMS-ALS Response Calls 1105 892 1009 How many EMS-BLS Scheduled Transports 0 0 0 How many EMS-ALS Scheduled Transports 0 0 0 How many Community Paramedic Response Calls 12 0 0 MUTUAL AND AUTOMATIC AID * How many responses per year by category? (Enter whole number only. If you have no calls for any of the categories, Enter 0) How many times did your organization receive Mutual Aid? 1 319 363 How many times did your organization receive Automatic Aid? 60 87 85 How many times did your organization provide Mutual Aid? 7 8 3 How many times did your organization provide Automatic Aid? 358 1 1 Of the Mutual and Automatic Aid responses, how many were structure fires?21 21 44 FEMA Form 080-0-2 Page 10 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... Request Information 1. Select a program for which you are applying. If you are interested in applying under both Vehicle Acquisition and Operations and Safety, and/or regional application you will need to submit separate applications.. Program Name Operations and Safety 2. Will this grant benefit more than one organization? No * 3. Is your department facing a new risk, expanding service to new area, or experiencing an increased call volume? Yes If you answered "Yes" to Question 3., please explain how your department is facing a new risk, expanding service to new area, or experiencing an increased call volume We are trying to bring our department in line with a new cancer initiative, including hoods, decon policy, separating personnel passenger compartments from equipment (e.g. battalion is moving from an SUV to a pickup), and so on. We are also experiencing rapid growth (the city has gone from 14,000 residents in 2007 to nearly 40,000 today). This rapid growth includes the much needed construction of a station in our currently uncovered but most-populated area of the city. We are also anticipating rebuilding a dilapidated station that was originally a volunteer facility built in 1978 and has since outlived its life- expectancy by 20 years (it was supposed to be replaced in 1996). Finally, we are also cycling out our front-line engines (all with over 100,000 miles and 12-years old)that used the 'no-smoke' systems which are no longer an option. 4. Enter grant-writing fee associated with the preparation of this request. Enter 0 if there is no fee. $0 * 5. Are you requesting a Micro Grant? A Micro Grant is limited to $50,000 Federal share. Modification to Facilities activity is ineligible for Micro Grants. No FEMA Form 080-0-2 Request Details DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency Activity Specific Questions for AFG Operations and Safety Applications OMB No.: 16600054 Expiration Date: August, 31 2019 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this data collection is estimated to average 4.6 hours per response for FEMA Form 08002b "Activity Specific Questions for AFG Operations and Safety Applications". The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and submitting this form. This collection of information is required to obtain or retain benefits. You are not required to respond to this collection of information unless a valid OMB control number is displayed on this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 204723100, Paperwork Reduction Project (16600054) NOTE: Do not send your completed form to this address. The activities for program Operations and Safety are listed in the table below. Activity Number of Entries Total Cost Additional Funding Equipment 0 $ 0 $ 0 Page 11 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... Modify Facilities 1 $ 98,000 $ 0 Personal Protective Equipment 0 $ 0 $ 0 Training 0 $ 0 $ 0 Wellness and Fitness Programs 0 $ 0 $ 0 Grant-writing fee associated with the preparation of this request. $0 View Fire Operations and Firefighter Safety - Modify Facilities Modify Facilities Details 1. On what type of modification will the funds be spent?(Add one line-item request per facility being modified) Source Capture Exhaust System(s) Please provide a detailed description of the modification selected above. None of our stations has an exhaust management system. We had bought vehicle-based units several years ago, but those vehicles are being retired and vehicle-based systems are no longer enough (nor does this cover our fleet of smaller, non-frontline vehicles). This grant will address this problem in our two existing stations and one new station (a fourth station is slated for replacement in 5 years and is not included in this request). 2. What is the square footage of the area that your modification will directly affect? (number only)11948 3. If you are installing an exhaust system, how many vehicles do you plan on attaching to the system (only include currently owned vehicles or vehicles on order - do not include equipment for future capacity)? (whole number only) 10 4. Does the facility you wish to modify have a drive through bay? Yes 5. Number of units: (whole number only)7 6. Cost per unit: (whole dollar amounts only; this amount should reflect any volume discounts, rebates, etc.)14000 7. What is the age of the facility that is being modified? (whole number only)22 8. What type of facility will be modified? Station(s) with sleeping quarters (to include marine fire facilities) 9. What is the level of occupancy for the facility you wish to modify? Note: The occupancy is defined by the number of hours the facility is used within a single 24 hour time period. Full-Time (24/7) FEMA Form 080-0-2b Firefighting Modify Facilities - Narrative * Section # 1 Project Description: In the space provided below, include clear and concise details regarding your organization's project's description and budget. This includes providing local statistics to justify the needs of your department and a detailed plan for how your department will implement the proposed project. Further, please describe what you are requesting funding for, including budget descriptions of the major budget items, i.e., personnel, equipment, contracts, etc. *4000 characters This project involves the purchase of exhaust capture systems at two of our stations. Of our three current stations, one was built in 1978 and is slated for replacement next year (it is a undersized metal building that has long outlived its life expectancy and was originally supposed to be replaced by the County in 1996). The second was built in 1982 and the final in 1996. None of these facilities have exhaust capture systems. As a stopgap, the department purchased no-smoke systems several years ago, and these were put on our frontline apparatus. However, these vehicles are now being replaced due to high mileage and the type of Page 12 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... system we had is no longer compatible with the planned replacement apparatus' warranty or configuration. Additionally, non- frontline vehicles still do not have any exhaust systems so these remain a hazard as well. The department took over from the County in 2007 and inherited the stations out of which we now operate. In addition to the one station built in '78 that desperately needs replacement, the supermajority of our 40,000 residents live in the southeast corner of the relatively square-shaped 40 square mile territory. This leaves us without as station in the area where we have corporate centers, all of our apartment complexes, mid-rise buildings, and most of our commercial development. These desperate needs have pushed to the top of our construction concerns (as well as our financial impact), making retrofitting stations...however necessary...a second-tier need. At the same time, Milton is taking the cancer initiative seriously. In addition to providing an insurance rider for firefighters, the new stations are being designed with bay separated from living quarters, gross decontamination facilities, etc. to increase the safety of the living environment. Additionally, new vehicles are being spec'd to maximize clean-ability and isolation of hazards (e.g. new command vehicles are all pickups rather than SUVs). We would also like to retrofit our two current stations that we will still be operating out of for the foreseeable future. One of these stations house an engine and a quint, and the other has two engines, a heavy rescue, the battalion, and a service truck as well as one additional empty bay. The grant request anticipates providing an station-based exhaust capture system for each one of these vehicle positions. Finding will be used to support the purchase and installation of these systems in the old stations (1982 and 1996). * Section # 2 Cost/Benefit: In the space provided below please explain, as clearly as possible, what will be the benefits your department or your community will realize if the project described is funded (i.e. anticipated savings and/or efficiencies)? Is there a high benefit for the cost incurred? Are the costs reasonable? Provide justification for the budget items relating to the cost of the requested items. *4000 characters This funding will allow us to keep our heads above water as far as our capital planning is concerned. We are facing several major equipment needs at once, and the city keeps growing by leaps and bounds. Milton is a fiscally-responsible department that plans everything out in detail, constantly referring to national standards and the actual needs of the community based on our call volume, national standards, and all of this is limited by our capped tax rate. As a consequence, the funding requested is going for a clearly identified and specific need. The support of the AFG grant will not be wasted, but it will allow us to meet our long-term planning goals and needs despite a budget shortfall. This grant will allow us to retrofit two of our stations (7 apparatus positions) with station-based exhaust capture systems, bringing our stations up to the current standard. This is a critical component for Milton, as new research heightens the awareness of the cancer risk for firefighters (we are already a forward looking department as far as health is concerned, with NFPA 1582 physicals annually, safety officer certification as a mandatory requirement for all officers, and a new station designed with health-safety in mind). Additionally, the State of Georgia has passed cancer legislation and beginning in 2018, all departments must carry supplemental insurance on their firefighters. This facility alteration will benefit our fighters by aligning with developing safety standards as well as our state cancer mandates. As a consequence, the cost of this grant is directly tied to our immediate needs and will have an impact beyond the immediate retrofit of the stations. In addition to the health and safety aspect of this project, funding this grant will have a ripple effect throughout our capital budget, since this project is a substation amount of our budget for a small department needing engines, stations, and new equipment (for example, our SCBAs are also 2002-standard and need to be replaced shortly). It will have this great benefit at a time when Milton's service area and the community's needs are facing rapid growth and change. The benefit of the AFG grant will also be felt throughout Forsyth County, Alpharetta, and Cherokee County, with whom we have very healthy and active automatic aid agreements. * Section # 3 Statement of Effect: How would this award impact the daily operations of your department? How would this award impact your department's ability to protect lives and property in your community? *4000 characters The daily operational impact from this grant is very clear: safer breathing and carcinogen protection for our firefighters. Absent this grant, this exhaust capture system will likely not be able to be funded in our two older stations. For the foreseeable future, capital funding is oriented toward station construction/replacement, apparatus needs based on the changing built environment as well as the high mileage of our current fleet. IT is also anticipating a complete change out of our SCBAs which were purchased in early 2007 (and some in 2008) and are becoming obsolete. This grant will impact the department¿s ability to protect lives and property in the Milton community in several ways. It will most directly support this through supporting our firefighter¿s health while still allowing us to meet our immediate capital needs to confront the growing and changing fire and life safety risk in the Milton community based on our planning and on national standards driving that planning. It will also positively impact the community's safety by ensuring that all the stations in Milton have this most basic breathing/cancer protection initiative in all of the stations (the two funded by this grant, and the two we need to build over the next three years). As a consequence, this grant will have an immediate positive effect on our firefighters as well as the community they serve, and that effect will be magnified when considered in conjunction with the overall development and deployment program in Milton and its integral relationship with the surrounding communities. Page 13 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... FEMA Form 080-0-2b Budget Budget Object Class a. Personnel $ 0 b. Fringe Benefits $ 0 c. Travel $ 0 d. Equipment $ 98,000 e. Supplies $ 0 f. Contractual $ 0 g. Construction $ 0 h. Other $ 0 i. Indirect Charges $ 0 j. State Taxes $ 0 Federal and Applicant Share Federal Share $ 89,091 Applicant Share $ 8,909 Applicant Share of Award (%) 10 * Non-Federal Resources (The combined Non-Federal Resources must equal the Applicant Share of $ 8,909) a. Applicant $ 8,909 b. State $ 0 c. Local $ 0 d. Other Sources $ 0 If you entered a value in Other Sources other than zero (0), include your explanation below. You can use this space to provide information on the project, cost share match, or if you have an indirect cost agreement with a federal agency. Total Budget $ 98,000 FEMA Form 080-0-2b Page 14 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... Narrative Statement For 2011 and on, the Narrative section of the AFG application has been modified. You will enter individual narratives for the Project Description, Cost-Benefit, Statement of Effect, and Additional Information in the Request Details section for each Activity for which you are requesting funds. Please return to the Request Details section for further instructions. You will address the Financial Need in Applicant Characteristics II section of the application. We recommend that you type each response in a Word Document outside of the grant application and then copy and paste it into the spaces provided within the application. Page 15 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... Assurances and Certifications FEMA Form SF 424B You must read and sign these assurances. These documents contain the Federal requirements attached to all Federal grants including the right of the Federal government to review the grant activity. You should read over the documents to become aware of the requirements. The Assurances and Certifications must be read, signed, and submitted as a part of the application. Note: Fields marked with an * are required. O.M.B Control Number 4040-0007 Assurances Non-Construction Programs Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Section 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U.S.C. Section 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally- assisted programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Page 16 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... 9.Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally-assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. Signed by Matt Marietta on 10/25/2018 Page 17 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... Form 20-16C You must read and sign these assurances. Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters and Drug-Free Workplace Requirements. Note: Fields marked with an * are required. O.M.B Control Number 1660-0025 Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 44 CFR Part 17, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Homeland Security (DHS) determines to award the covered transaction, grant, or cooperative agreement. 1. Lobbying A. As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons (entering) into a grant or cooperative agreement over $100,000, as defined at 44CFR Part 18, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement and extension, continuation, renewal amendment or modification of any Federal grant or cooperative agreement. (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub contract(s)) and that all sub recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A, the applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification: and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug-Free Workplace (Grantees other than individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F, for grantees, as defined at 44 CFR part 17, Sections 17.615 and 17.620: Page 18 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... (A) The applicant certifies that it will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantees policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. (e) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to the applicable DHS awarding office, i.e. regional office or DHS office. (f) Taking one of the following actions, against such an employee, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). (B) The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance Street City State Zip Action If your place of performance is different from the physical address provided by you in the Applicant Information, press Add Place of Performance button above to ensure that the correct place of performance has been specified. You can add multiple addresses by repeating this process multiple times. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for DHS funding. States and State agencies may elect to use a Statewide certification. Signed by Matt Marietta on 10/25/2018 Page 19 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... FEMA Standard Form LLL Only complete if applying for a grant for more than $100,000 and have lobbying activities. See Form 20-16C for lobbying activities definition. Page 20 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... Submit Application Application 100% complete, Submitted Please click on any of the following links to visit a particular section of your application. Once all areas of your application are complete, you may submit your application. Application Area Status Applicant's Acknowledgements Complete Overview Complete Contact Information Complete Applicant Information Complete Applicant Characteristics (I)Complete Applicant Characteristics (II)Complete Department Call Volume Complete Request Information Complete Request Details Complete Budget Complete Assurances and Certifications Complete PLEASE READ THE FOLLOWING STATEMENTS BEFORE YOU SUBMIT. ◦YOU WILL NOT BE ALLOWED TO EDIT THIS APPLICATION ONCE IT HAS BEEN SUBMITTED. If you are not yet ready to submit this application, save it, and log out until you feel that you have no more changes. ◦When you submit this application, you, as an authorized representative of the organization applying for this grant, are certifying that the following statements are true: To the best of my knowledge and belief, all data submitted in this application are true and correct. This application has been duly authorized by the governing body of the applicant and the applicant will comply to the Assurances and Certifications if assistance is awarded. To sign your application, check the box below and enter your password in the space provided. To submit your application, click the Submit Application button below to officially submit your application to FEMA. Note: The primary contact will be responsible for signing and submitting the application. Fields marked with an asterisk (*) are required. I, Matt Marietta, am hereby providing my signature for this application as of 25-Oct-2018. Page 21 of 21Application Number: EMW-2018-FO-02863 10/29/2018https://eservices.fema.gov/FemaFireGrant/firegrant/jsp/fire2018/application/print_app.jsp?sysAppId=1068... 0 ITON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 30, 2018 FROM: Steven Krokoff, City Manager V/ AGENDA ITEM: Approval of Contract Amendment between the City of Milton and Safebuilt Georgia, LLC. MEETING DATE: Monday, November 5, 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: (eES () NO CITY ATTORNEY REVIEW REQUIRED: (BYES (J NO APPROVAL BY CITY ATTORNEY: (,J/APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 1) ) t u l l e 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: Carter Lucas, Assistant City Manager Date: Submitted on October 29, 2018 for the November 5, 2018 Regular City Council Meeting Agenda Item: Approval of Contract Amendment between the City of Milton and Safebuilt Georgia, LLC _____________________________________________________________________________________ Project Description: This contract amendment provides for the following: 1. The automatic renewal provision within the current contract between the City of Milton and Safebuilt Georgia, LLC expired and it requires an annual acknowledgement between the two parties to continue services; and, 2. It adds the ability for Safebuilt Georgia, LLC to provide arborist services as requested by the city for not more than 24 hours per week. Staff is recommending approval of the contract addendum as submitted. Procurement Summary: Purchasing method used: Contract Addendum Account Number: 100-4101-521210001 Requisition Total: $87,360 Vendor DBA: Safebuilt Georgia, LLC Financial Review: Bernadette Harvill, October 30, 2018 Legal Review: Sam VanVolkenburgh, October 26, 2018 Attachment(s): Amendment to the Professional Services Agreement AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MILTON, GEORGIA AND SAFEbuilt GEORGIA, LLC Amendment to the Professional Services Agreement generally described as City of Milton Building Plan Review and Inspection Services (RFP 10-CD2) effective December 20, 2010, between the City of Milton, Georgia, (City) and Safe Built Georgia, Inc., whom as of October 01, 2014 has merged into and consolidated with SAFEbuilt Georgia, LLC (Consultant). The City and the Consultant shall be jointly referred to as the “Parties”. Amendment Effective Date: This Amendment shall be effective on the latest date on which the Amendment is fully executed by both Parties. RECITALS AND REPRESENTATIONS Municipality and Consultant entered into a Professional Services Agreement (Agreement), by which both Parties established the terms and conditions for service delivery. On September 14, 2015, City and Consultant instituted an Addendum to the Agreement to extend the term of the Agreement through September 30, 2018 and provided for two (2) subsequent annual periods (two annual extensions) by mutual agreement of Parties. NOW, THEREFORE Agreement is hereby amended as set forth below: 1. Term of Agreement shall be extended for an additional twelve (12) month period of October 01, 2018 through September 30, 2019. The Parties agree and acknowledge that because the Agreement concludes at the end of the City’s fiscal year without further obligation, this extension is compliant with O.C.G.A. § 36-60-13(a). 2. Exhibit B is hereby amended by adding the following service and associated fee: a. Consultant will provide an Arborist to help ensure compliance with the City’s ordinances and regulations. b. Arborist will perform a variety of detailed tasks and ongoing assignments as directed in writing by the City. c. Arborist will be available to the City for up to twenty-four (24) hours weekly. d. Consultant shall invoice the City at a rate of $70.00 per hour – one (1) hour minimum. e. The $70/hour charge will account for all of Consultant’s associated costs, except for extraordinary charges that may be billed to the City “at cost” and subject to advance approval by the City. f. The maximum amount chargeable to the City for the Arborist service during the one-year Term is $ 87,360 Consultant shall not incur additional charges or perform additional work that would cause it to exceed this cap. 3. Consultant represents that the insurance requirements set forth in Section IV.I of the Agreement shall remain in force during the Term of this extension, and Consultant shall demonstrate evidence of such coverage by providing an up-to-date insurance certificate to City. 4. Section IV.G is deleted and replaced with the following text: 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. 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. 5. Section IV.L is deleted and replaced with the following text: 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 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. 6. Section IV.N is deleted and replaced with the following text: 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 “E” and “F” (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; or (3) In accordance with O.C.G.A. § 13-10-91(b)(5), if Consultant currently has no employees and does not intend to hire any employees for purposes of satisfying or completing the terms and conditions of this Agreement, Consultant shall provide a copy of Consultant’s state issued driver's license or state issued identification card in lieu of providing an E-Verify affidavit. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “E”, and submitted such affidavit to City, or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub-subsection (2) above, or provided City with the appropriate state issued identification as noted in sub-subsection (3) above. Further, 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 Exhibit “F”, 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; or, in the case of a sole proprietor subcontractor, a copy of subcontractor’s state issued driver's license or state issued identification card as noted in sub-subsection (3) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy of the above-required materials 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. 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.] [DESIGNATE/MARK APPROPRIATE CATEGORY] ____ 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. 7. Consultant shall provide the City with renewed, executed copied of Exhibit E and Exhibit F to the Agreement to demonstrate continued compliance with E-verify requirements during the extended Term of the Agreement. 8. A new Section IV.S is added with the following text: 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. The original Agreement, Exhibits and terms shall remain in effect, to the extent not modified by previous Addendum(s) or this Amendment. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS HEREOF, the undersigned have caused this Amendment to be executed in their respective names on the dates hereinafter enumerated. City of Milton, Georgia SAFEbuilt Georgia, LLC Signature ____________________________ Joe Lockwood, Mayor Date: _________________________ Attest: _____________________________ City Clerk [CITY SEAL] Approval as to Form: ____________________________ City Attorney ____________________________ Signature Name: ________________________________ Title: ________________________________ Date: _________________________ MItTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 30, 2018 FROM: Steven Krokoff, City Manager 0 AGENDA ITEM: Approval of Subdivision Plats - CONSENT MEETING DATE: Monday, November 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (k-A"PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,�NO CITY ATTORNEY REVIEW REQUIRED: () YES (q"'NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ''16J. -lot 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: Carter Lucas, Interim Community Development Director Date: Submitted on October 30, 2018 for the November 5, 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 Opal Alice Waldroup minor plat described herein consists of a 2.72 acre parcel located at 525 Cox Road to be subdivided into 2 lots. The size of the lots range from 1.08 acres to 1.59 acres. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Consent Agenda Plats Staff Memo Page 2 of 5 Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Opal Alice Waldroup LL 1143 525 Cox Road Minor Plat 2 lots 2.72 .74 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 5 Consent Agenda Plats Staff Memo Page 4 of 5 Consent Agenda Plats Staff Memo Page 5 of 5 MItTON I % TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 29, 2018 Steven Krokoff, City Manager Proclamation Recognizing Prematurity Awareness Day Monday, November 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,I4PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES �O CITY ATTORNEY REVIEW REQUIRED: () YES (ti - O APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ) I I `-17 w, £ 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us Recognizing Prematurity Awareness Day WHEREAS, the March of Dimes Foundation is a pioneer in improving the health of infants and women of childbearing age by preventing birth defects, premature birth and infant mortality, and WHEREAS, the March of Dimes in 2003 launched the Prematurity Campaign to address the crisis of premature birth and help families have full-term, healthy babies, and WHEREAS, the March of Dimes has set a national goal of reducing preterm birth to 5.5 percent in every state by 2030, which will result in a healthier start in life for tens of thousands of infants, and WHEREAS, in 2017 14,700 babies were born premature in the state of Georgia, representing 11.2 percent of all state births, and WHEREAS, Georgia receives a grade of D and a disparity index ranking of 1.32 on the March of Dimes 2017 Premature Birth Report Card; and WHEREAS, the March of Dimes in Georgia has worked extensively to promote maternal mortality prevention policies that help to reduce premature birth and promote health equity, and WHEREAS, the March of Dimes in Georgia looks forward to partnering with the Mayor and City of Milton in response to the continued crisis of premature birth, and WHEREAS, the month of November is recognized as World Prematurity Awareness Month to bring about recognition of this global health crisis, and November 17 is recognized as Prematurity Awareness Day across the United States. Now, therefore, we, the Mayor and City Council of the City of Milton, do hereby extend special recognition to the March of Dimes in Georgia and declare November 17, 2018 as Prematurity Awareness Day. Given under our hand and seal of the City of Milton, Georgia on this 5th day of November, 2018. _________________________________ Joe Lockwood, Mayor MILTON-* ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: October 29, 2018 Steven Krokoff, City Manager Proclamation Recognizing Veterans Day Monday, November 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.� PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES ( K10 CITY ATTORNEY REVIEW REQUIRED: () YES (4'10 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: I ° I (; slic,� �, 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Veterans Day 2018 WHEREAS, it has long been our custom to commemorate November 11th, the anniversary of the ending of World War I, by paying tribute to the heroes of that tragic struggle and by rededicating ourselves to the cause of peace; and WHEREAS, in the intervening years the United States has been involved in several other great military conflicts, which have added millions of veterans living and dead to the honor rolls of this Nation; and WHEREAS, the Congress passed a concurrent resolution on June 4, 1926, calling for the observance of November 11th with appropriate ceremonies, and later provided in an Act approved May 13, 1938, that the eleventh of November should be a legal holiday and should be known as Armistice Day; and WHEREAS, in order to expand the significance of that commemoration and in order that a grateful Nation might pay appropriate homage to the veterans of all its wars who have contributed so much to the preservation of this Nation, the Congress, by an Act approved June 1, 1954, changed the name of the holiday to Veterans Day. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby call upon all of our citizens to observe November 11, 2018 as Veterans Day. On that day let us solemnly remember the sacrifices of all those who fought so valiantly, on the seas, in the air, and on foreign shores, to preserve our heritage of freedom, and let us consecrate ourselves to the task of promoting an enduring peace so that their efforts shall not have been in vain. Given under my hand and seal of the City of Milton, Georgia on this 5th day of November 2018. _____________________________ Joe Lockwood, Mayor MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 29, 2018 FROM: Steven Krokoff, City Manager CEJ AGENDA ITEM: Proclamation Recognizing Native American History Month MEETING DATE: Monday, November 5, 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: �-�ES ( K10 CITY ATTORNEY REVIEW REQUIRED: () YES (JAO APPROVAL BY CITY ATTORNEY: (J APPROVED PLACED ON AGENDA FOR: +► ���2`,ti () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Native American History Month WHEREAS, The Americans we know as American Indians and Native Americans were the first explorers and settlers of the areas that now make up the United States; and WHEREAS, Mountains and rivers, lakes and valleys, states and counties, trails and towns across this land have Indian names; they are lasting reminders of the presence and the significance of American Indians not just in our geography but throughout the whole of American history; and WHEREAS, Many of the foods we eat and the medicines and remedies we use were introduced by Indians, and more than one highway follows an Indian trail; and WHEREAS, Indians make contributions in every area of endeavor and American life, and our literature and all our arts draw upon Indian themes and wisdom; and WHEREAS, Countless American Indians have served in our Armed Forces and have fought valiantly for our country; and WHEREAS, During the Thanksgiving season, generations of Americans are reminded of the early friendship of the Pilgrims and American Indians. Now, therefore, we, the Mayor and City Council of the City of Milton, hereby dictate and proclaim November as “Native American History Month” in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 5th day of November, 2018. _________________________________ Joe Lockwood, Mayor MItTON, k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 31, 2018 FROM: Steven Krokoff, City Manager l" AGENDA ITEM: RZ18-13 / VC18-07 - 13090 Hopewell Road by Kai Chiang Su Dynasty to rezone from AG -1 (Agricultural) to R -3A (Single Family) to develop 73 single family lots on 47.1145 acres at a density of 1.55 units per acre and a 2 part concurrent variance to 1) reduce the rural trail from 10 feet to 5.2 feet (Sec 48-674 (1)) and 2) to reduce the stream setback from 25 feet to 0 feet [Sec. 20-426 (2)] and to consider and take action on any necessary amendment to the City's sewer boundary. MEETING DATE: Monday, November 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4,6PROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (AO CITY ATTORNEY REVIEW REQUIRED: () YES (,jVfq0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ' I I c0li"i � 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 1 of 21 RZ18-13/VC18-07 PETITION NO. RZ18-13/VC18-07 PROPERTY INFORMATION ADDRESS 13090 Hopewell Road DISTRICT, LAND LOT 2/2 1036, 1037 OVERLAY DISTRICT Rural Milton Overlay District EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING R-3A (Residential) ACRES 47.1145 EXISTING USE Single Family Residence PROPOSED USE 73 single family residential lots PETITIONER/OWNER Kai Chung Su Dynasty ADDRESS 13090 Hopewell Road Milton, GA 30004 REPRESENTATIVE Joshua Scoggins Miles Hansford & Tallant 202 Tribble Gap Road, Suite 200 Cumming, Georgia 30040 INTENT To rezone from AG-1(Agricultural) to R-3A (Single Family) to develop 73 single family lots on 47.1145 acres at a density of 1.55 units per acre and a 2 part concurrent variance to 1) reduce the rural trail from10 feet to 5.2 feet (Sec 48- 674 (1)) and 2) to reduce the stream setback from 25 feet to 0 feet (Sec. 20-426 (2)) and to consider and take action on any necessary amendment to the City’s sewer boundary. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 2 of 21 RZ18-13/VC18-07 COMMUNITY DEVELOPMENT RECOMMENDATION – OCTOBER 24, 2018 RZ18-13 – DENIAL VC18-07 – Part 1- WITHDRAWAL VC18-07 Part 2 – DENIAL Staff notes that the applicant reques ted a deferral of the request at the November Planning Commission Meeting to allow additional time to revise the site plan to better accommodate adjacent and nearby residents. PLANNING COMMISSION RECOMMENDAITON – OCTOBER 24, 2018 RZ18-13 – DENIAL – 5-2 (With Commissioners Shah and Sparkes voting in the negative) VC18-07 – Part 1 and 2- DENIAL – 5-2 (With Commissioners Shah and Sparkes voting in the negative) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 3 of 21 RZ18-13/VC18-07 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 4 of 21 RZ18-13/VC18-07 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 5 of 21 RZ18-13/VC18-07 CITY OF MILTON 2016 UPDATED COMPREHENSIVE FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 6 of 21 RZ18-13/VC18-07 SITE PLAN SUBMITTED AUGUST 23, 2018 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 7 of 21 RZ18-13/VC18-07 SUBJECT SITE AND BACKGROUND: The subject site contains 47.1145 acres and is developed with a single family residence as part of a site with a designated Conservation Use Valuation Assessment (CUVA). The site is located within the Agricultural, Equestrian, Estate Residential (AEE) designation of the City of Milton Comprehensive Plan Update 2016 map. Staff also notes that this property is within the Rural Milton Overlay. The applicant is requesting a rezoning to R-3A (Residential) to develop 73 single family residences on at an overall density of 1.55 units per acre. DEPARTMENT COMMENTS: TRANSPORTATION ENGINEER Per Milton Code of Ordinances, inter-parcel access shall be provided to adjacent properties upon determination by the director that such access is in the best interest of the public health, safety, or welfare. Fire access requires two separate points of entry and traffic flow is better accommodated by two entry points on Hopewell Road serving all proposed lots. The time that the traffic counts were collected was not ideal not only because of summer but due to the major detours in place for both Mayfield and Rucker roads. Traffic counts to be collected according to standard engineering practice to determine compliance with Chapter 48 of the City of Milton Code of Ordinances prior to the issuance of a Land Disturbance Permit. The applicant needs to update sight distance information to represent 45 MPH on Hopewell Road. CITY ENGINEER Water quality cannot be provided in the lakes and will need be located outside the lake. The lakes will need to be modified with an outlet control structure for channel protection and detention. This will require a United States Corp of Engineers’ permit and buffer variance from the Georgia Environmental Protection Department. Lots 10, Block A and 33, Block C are unbuildable with the full 25’ & 50’ stream undisturbed buffer dome added to these lots. All lots adjacent to the flood plain will need to be reviewed for compliance with elevation requirements in Chapter 20 of the City Code. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 8 of 21 RZ18-13/VC18-07 CITY ARBORIST The proposed rezoning will be subject to the tree preservation ordinance including recompense and tree density requirements. The applicant has included a tree survey showing the existing specimen size and type trees on the site. Based on the proposed site plan, all but a few of them will be removed based on the number and size of the lots, except where the state and city buffers are required around the pond and stream. FIRE MARSHAL After reviewing the site plan, this will need some kind of emergency access in addition to the main entrance, either a full subdivision road or just an emergency road. The road can be restricted access with a gate and Knox lock on it, but the road/drive would have to support a fire apparatus (the prescriptive code of Appendix D in 2012 IFC is 75,000 lbs., and the applicant would have to provide engineering to demonstrate this due to the dam/lake on the property). IF they opt for an emergency vehicle only, then the dimensions need to be enough to accommodate a single vehicle, so a standard driveway width would be fine, with vertical clearance of 13’6”, maintained by the subdivision and radii that we can turn out, which can be demonstrated on the LDP with Auto turn. As long as it meets the weight load requirements, then it can be made out of gravel, grass pavers, asphalt, etc. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 9 of 21 RZ18-13/VC18-07 FULTON COUNTY BOARD OF EDUCATION PUBLIC INVOLVEMENT On September 24, 2018, the applicant’s legal representative and surveyor were present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were 67 people in attendance. 1. Traffic flow through the existing neighborhood was going to need to be addressed. Some of the residents also felt the sight distance on Hopewell Road might be an issue and should be confirmed based on the actual speed limit. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 10 of 21 RZ18-13/VC18-07 2. Applicant should look at a connection across or around the lakes to provide ingress/egress from Hopewell Road only. 3. Lot sizes and widths should match the adjacent neighborhoods. Most felt they should consider a site plan that met the AG-1 standards. 4. Applicant should consider a buffer adjacent to other neighborhoods. 5. There were concerns regarding the sanitary sewer access and work required to make the connection to the existing lines. 6. Trees should be considered and the impacts to existing canopy should be minimized. 7. There was a lot of discussion about the ability to provide comments if they are not able to attend the meetings. One suggestion was that we have the City Clerk outline the rules regarding reading comments into the record and we post those instructions online with the packet information. PUBLIC PARTICIPATION REPORT Staff received the report on October 15, 2018. The appl icant’s Public Participation Meeting was held on October 9, 2018 at the Bethwell Community Center. There were twelve people in attendance. The following issues were brought to the applicant’s attention: 1) Lot widths 2) Pond Buffer / Impervious Surface Setback 3) Number of homes proposed / lot size and desire for 1 plus acre sized lots 4) Tree buffer/greenspace, including preservation of trees and protection of streams/wetlands 5) Hopewell Road entrance including concerns over noise/traffic with existing plan 6) Plans should mirror existing neighborhoods including property lines, setbacks, home sizes, and style/quality. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – OCTOBER 2, 2018 1) Need to tie in with minimums for Vickery Crest and Brookshade. Abide by what the rules are. 2) The applicant should set up a stakeholder’s meeting between staff and citizens to address the citizens’ bullet points. 3) We don’t see anything viable about this proposal. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 11 of 21 RZ18-13/VC18-07 4) Address construction traffic through existing neighborhood. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on August 23, 2018, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-531 - R-3A (Single Family Dwelling District) Development Standards Proposed Development No building shall exceed 40 feet in height None indicated Minimum front yard – 50 feet 50 feet Minimum side yard as follows: Adjacent to interior line: 10 feet Adjacent to street: 20 feet 10 feet 20 feet Minimum rear yard –35 feet 35 feet Minimum lot area – 18,000 sq.ft. Range from minimum 18,000 sq.ft. to 37,032 sq.ft. with an average of 24,660 sq.ft. Minimum lot width shall be 100 ft. 100 feet Minimum lot frontage shall be 35 feet adjoining a street 35 feet Minimum heated floor area shall be as follows: For less than two-story dwelling: 1,600 sq. ft. For two-story dwelling: 1,800 sq.ft. Same as minimum development standards listed to the left. OTHER SITE PLAN CONSIDERATIONS The site plan indicates a sanitary sewer easement northeast of the site originating in the Brookshade Subdivision, just north of the northern lake east of Lot #24. Staff notes that the subject site is not included for sewer service within the Intergovernmental Agreement for the Extraterritorial Provision of Sewer Service with Fulton County and the associated map. Staff notes that without the service of public sewer to the site, the requested minimum 18,000 square foot lots cannot be developed but minimum one acre lots served by individual septic systems can be developed. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 12 of 21 RZ18-13/VC18-07 ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Sec. 64-2126. The applicant has stated the following: The subject site contains wetlands, flood plain, streams and ponds. CONCURRENT VARIANCE REQUESTS A variance must be based upon credible evidence submitted at a public hearing demonstrating compliance with 1 through 4 of the following: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. (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 ordinance 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. (3) Relief, if granted 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. Part 1: Reduce the rural trail from10 feet to 5.2 feet (Sec 48-674 (1)) After further discussions with the Public Works Department, The Milton Trail Plan has been updated and this frontage of Hopewell Road no longer requires a trail but will be required to develop a sidewalk along the frontage of Hopewell Road. Therefore, Staff recommends WITHDRAWAL of VC18-07 – Part 1. Part 2: Reduce the stream setback from 25 feet to 0 feet (Sec. 20-426 (2)). The applicant is requesting to delete the 25 foot impervious setback which is outside of the 50 foot stream buffer (25 foot state and 25 foot city). It is Staff’s opinion that this request offends the spirit and intent of Chapter 20 , Environment of the City Code. The setback’s intent is to protect streams and ponds from pollution through daily runoff from adjacent and nearby impervious surfaces. Secondly, the applicant has not demonstrated that there are extraordinary and exceptional situations that would create an unnecessary hardship due to size shape or topography. It is Staff’s opinion that the subject Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 13 of 21 RZ18-13/VC18-07 site can be developed in such a way as not to delete the 25 foot setback. Further, relief if granted would cause a substantial detriment to the public good and surrounding properties. Lastly, it is Staff’s opinion based on the elimination of the 25 foot setback that the public safety, health and welfare are not secured and substantial justice is not done. Therefore, Staff recommends DENIAL of Part 2 (VC18-07). Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property? The proposed 73 lot subdivision proposes minimum 18,000 square foot lots with the largest being 1.12 acres and an average of 24,660 square feet. The proposed lots on the west range from 18,666 to 21,909 square feet which are inconsistent with the adjacent lots within Brookshade Subdivision to the west which are developed with minimum 27,000 square foot lots. The proposed lots on the northern portion range in size from 18,666 square feet to 27,220 square feet but are primarily around 18,666 square feet which are inconsistent with Brookshade where lot sizes are primarily 27,000 square feet with some up to one acre or more. Lots on the south, range from 18,666 square feet up to 38,365 square feet but primarily around 20,000 square feet in size which are inconsistent with Vickery Crest. The most northern lots in Vickery Crest are minimum one acre based on the lack of gravity flow for the sanitary sewer within Vickery Crest. The remainder of lots within Vickery Crest are between 15,000 square feet and 20,000 square feet in size. To the west are scattered single family homes zoned AG-1 as well as undeveloped R-3 (Residential) with one acre lot (with common area) adjacent to Hopewell Road. Therefore, it is Staff’s opinion that the proposed development is not suitable based on adjacent and nearby properties. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 14 of 21 RZ18-13/VC18-07 Existing uses and zoning of nearby property Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area East 1 RZ13-14 R-3 (Single Family Residential) Undeveloped 1.22 u/a 18,000 s.f. lots 2,500 s.f. Southeast 2 RZ03-122/ RZ03-41 R-3 (Single Family Residential) Milton Place 1.64 u/a 18,000 s.f. lots 2,750 s.f. 1.67 u/a 2,750 s.f. 1 acre lots along Hopewell Rd. Southeast 3 RZ95-21 R-3 (Single Family Residential) Hopewell Place S/D 2 u/a 18,000 s.f. lots 1,800 s.f. 1 acre lots along Hopewell Rd. Further Southeast 4 T-3 (Transect Zone) Glenhaven S/D 3.46 u/a 2,700 s.f. Min 5,000 s.f. lots South 5 RZ04-144/ RZ05-135 CUP (Community Unit Plan) Vickery Crest S/D 1 u/a (RZ04-144) Min 18,000sq.ft. lots / 2,500 s.f. 1.88 u/a Min 15,000 sq.ft. lots/ 2,500 s.f. 1 acre lots along Hopewell Rd and north portion of Subdivision. 1.88 u/a (RZ05-135) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 15 of 21 RZ18-13/VC18-07 20,000 s.f. adj. to Andover Norh, 18,000 s.f adj. to Providence Oaks S/D, 1 acre for septic lots and 15,000 s.f. for remaining lots. 2,500 s.f. heated floor area Further South 6 RZ17-02 R-4A (Residential) Undeveloped 1.09 u/a Min 15,000 sq.ft. 3,200 sq.ft. 1 story 4,000 sq.ft. 2 story 1 acre along Hopewell Road Southwest 7 RZ93-035 R-4A (Residential) Providence Oaks S/D 2.14 u/a 2,500 sq.ft. 50 ft. building setback to AG-1 West 8 RZ94-102 R-3A (Residential) Brookshade S/D 1 u/a 2,500 sq.ft. 50 ft. building setback to AG-1 North 9 RZ94-127 R-2A (Residential) Brookshade S/D .98 u/a 2,500 sq.ft. 1 acre lots along Hopewell Rd. East 10 AG-1 (Agricultural) Single Family Residences 1 u/a Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 16 of 21 RZ18-13/VC18-07 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 17 of 21 RZ18-13/VC18-07 2. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal may adversely impact existing use or usability of the adjacent properties to the east, north, west, and south as described above. The proposed development does not provide a transition between the existing lot sizes to the east, north, west and south as well as provide one acre lots adjacent to Hopewell Road. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? It is Staff’s opinion that the proposal may cause a burden on existing streets and schools if approved. 5. Whether the zoning proposal is in conformity with the policies and intent of the land use plan? City of Milton Comprehensive Land Use Plan Update 2016 Map – Agricultural, Equestrian, and Estate Residential / INCONSISTENT Inconsistent with the following Plan Policies: Support appropriate residential and non-residential infill development and redevelopment in ways that complement surrounding areas. Encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 18 of 21 RZ18-13/VC18-07 The proposed development is inconsistent with the Plan Map recommendation of Agricultural, Equestrian and Estate Residential which requires minimum one acre lots. In addition, the proposed lot sizes, specifically on the exterior of the development should be a minimum of 27,000 square feet in size and one acre lots adjacent to Vickery Crest to the south and adjacent to Hopewell Road. Based on these facts, Staff recommends denial to rezone from AG-1 (Agricultural) to R-3A (Residential). 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will be environmentally adverse to the natural resources, environment and citizens of the City as proposed based on the request to eliminate the 25 foot stream and lake setback as well as the elimination of the majority of specimen tress on the site. CONCLUSION The proposed 73 lot single family subdivision is inconsistent with the City of Milton’s Comprehensive Land Use Plan Update 2016 Map for “Agricultural, Equestrian, and Estate Residential” and Plan Policies. In addition, Staff recommends WITHDRWAL of VC-18-07-Part 1 and DENIAL of VC18-07-Part 2. Therefore, Staff recommends DENIAL of RZ18-13 to rezone from AG- 1(Agricultural) to R-3A (Single Family Residential). A set of Recommended Conditions are included if the Mayor and City Council chooses to approve this petition. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 19 of 21 RZ18-13/VC18-07 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for R-3A (Single Family Residential ) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 73 total dwelling units at a maximum density of 1.55 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the site plan received by the Community Development Department on August 23, 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. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 20 of 21 RZ18-13/VC18-07 proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum 27,000 square foot lots along the north and west property lines adjacent to Brookshade Subdivision. b) Minimum 1 acre lots adjacent to Vickery Crest Subdivision and lots zoned AG-1 (Agricultural) along the south property line and lots adjacent to Hopewell Road. c) Minimum heated floor area per unit – 2,500 square feet 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) Two separate ingress/egress points shall be provided in compliance with Chapter 22 and 48 of the City of Milton Code of Ordinances and construction traffic shall not be permitted to use Donegal Lane for access to this property. Construction traffic shall not be permitted to use Donegal Lane for access to the subject site. c) Provide sidewalk along entire Hopewell Road frontage and connecting to existing infrastructure on adjacent parcels as required and approved by City of Milton Department of Public Works. 5) To the owner’s agreement to abide by the following: a) Prior to the application for a land Disturbance Permit, the developer/engineer shall submit to the Department of Community Development a Stormwater Concept Plan. The plan shall comply Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on November 19, 2018 (First Presentation on November 5, 2018) 11/1/2018 Page 21 of 21 RZ18-13/VC18-07 with the requirements of the Stormwater Division of Chapter 20 Environment of the City of Milton Code of Ordinances. b) The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. 1. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five- board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. Page 1 of 7 ORDINANCE NO._______ PETITION NO. RZ18-13 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A REZONING FROM AG-1 (AGRICULTURAL) TO R-3A (SINGLE FAMILY DWELLING) FOR A SINGLE FAMILY SUBDIVISION ON 47.1145 ACRES LOCATED AT 13090 HOPEWELL ROAD. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on November 19, 2018 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 13090 Hopewell Road consisting of a total of approximately 47.1145 acres as described in the attached legal description, be approved for a single family subdivision zoned R-3A (Single Family Dwelling) with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 1036 and1037 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the single family subdivision in the attached conditions of approval, be approved under the provisions in Article VI, Division 7, of the Zoning Ordinance of the City of Milton; and SECTION 3. 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 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 19th day of November, 2018. Page 2 of 7 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) Page 3 of 7 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for R-3A (Single Family Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 73 total dwelling units at a maximum density of 1.55 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the site plan received by the Community Development Department on August 23, 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. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Page 4 of 7 3) To the owner’s agreement to the following site development considerations: a) Minimum 27,000 square foot lots along the north and west property lines adjacent to Brookshade Subdivision. b) Minimum 1 acre lots adjacent to Vickery Crest Subdivision and lots zoned AG-1 (Agricultural) along the south property line and lots adjacent to Hopewell Road. c) Minimum heated floor area per unit – 2,500 square feet 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit, Subdivision Pl at or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) Two separate ingress/egress points shall be provided in compliance with Chapter 22 and 48 of the City of Milton Code of Ordinances and construction traffic shall not be permitted to use Donegal Lane for access to this property. Construction traffic shall not be permitted to use Donegal Lane for access to the subject site. c) Provide sidewalk along entire Hopewell Road frontage and connecting to existing infrastructure on adjacent parcels as required and approved by City of Milton Department of Public Works. 5) To the owner’s agreement to abide by the following: a) Prior to the application for a land Disturbance Permit, the developer/engineer shall submit to the Department of Community Development a Stormwater Concept Plan. The plan shall comply with the requirements of the Stormwater Division of Chapter 20 Environment of the City of Milton Code of Ordinances. b) The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. Page 5 of 7 1. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. Page 6 of 7 SITE PLAN SUBMTITED ON AUGUST 23, 2018 Page 7 of 7 TO: FROM: MILTON -'11 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 31, 2018 Steven Krokoff, City Managee) AGENDA ITEM: ZM18-03 - Park at Bethany- Northeast corner of Bethany Bend and Cogburn Road containing 9.09 acres in 2/2, Land Lot 832 by Stanley Martin Homes to request a Zoning Modification for the following: Request to modify conditions 3(g) and 3(h) of RZ13-16 to reduce the following setbacks: 1) A reduction of the side setback adjacent to the street on lots 15 and 23 from 10 feet to 8 feet (Condition 3g). 2) A reduction of the side setbacks on front entry lots 15 through 26 from 7 feet to 6 feet (Condition 3h). MEETING DATE: Monday, November 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,4"A PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,r'NO CITY ATTORNEY REVIEW REQUIRED: () YES (,ANO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 1000z6if9 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us CfZ Z•Z Page 1 of 8 ZM18-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on November 19, 2018 (First Presentation November 5, 2018,) 11/1/2018 ZM18-03 PROPERTY INFORMATION ADDRESS Northeast corner of Bethany Bend and Cogburn Road DISTRICT, LAND LOT 2/2, 832 EXISTING ZONING NUP (Neighborhood Unit Plan) ACRES 8.887 EXISTING USE 27 lot single family subdivision OWNER DJ-TG Bethany,LLC 1776 Peachtree Street, Suite 100 Atlanta, GA 30309 Curtis HIcks APPLICANT Stanley Martin Homes 2859 Paces Ferry Road Atlanta, GA 30339 Scott Dozier COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM18-03 – APPROVAL of Conditions 3.g. and 3.h. INTENT Request to modify conditions 3.g. and 3.h. of RZ13-16 to reduce the following setbacks: 1) A reduction of the side setback adjacent to the street on lots 15 and 23 from 10 feet to 8 feet (Condition 3.g.). 2) A reduction of the side setbacks on front entry lots 15 through 26 from 7 feet to 6 feet (Condition 3.h.). Page 2 of 8 ZM18-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on November 19, 2018 (First Presentation November 5, 2018,) 11/1/2018 LOCATION MAP Page 3 of 8 ZM18-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on November 19, 2018 (First Presentation November 5, 2018,) 11/1/2018 CURRENT ZONING Page 4 of 8 ZM18-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on November 19, 2018 (First Presentation November 5, 2018,) 11/1/2018 SITE PLAN SUBMITTED SEPTEMBER 26, 2018 (Shaded lots are requested to be modified) Page 5 of 8 ZM18-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on November 19, 2018 (First Presentation November 5, 2018,) 11/1/2018 History and Background The subject site was rezoned from AG-1 (Agricultural) to NUP (Neighborhood Unit Plan) pursuant to RZ13-16 on December 16, 2013 for 27 single family residences with several conditions that incuded requirements to include 360 degree architecture and substantially consistent with photos submitted to the Community Development Department. The Land Disturbance Permit was issued to the developer in March 2016. The site was constructed with the 27 lots and associated site improvements. Pursuant to Admin. Mod 2017-01 the applicant requested that the grading plan listed in Conditions 3.n. and 3.r. in the original zoning petition RZ13-16 be revised with a new grading plan submitted on July 21, 2017 to reflect the existing conditions of the site. A final plat was approved in November 2017. Since that time the developer, Mr. Hicks has been actively seeking builders to develop the lots on the site. The applicant, Stanley Martin Homes is seeking the current zoning modification request. CURRENT REQUEST – ZM18-03 Requested Modifications to Conditions of RZ13-16 3) To the owner’s agreement to the following site development considerations: g) Minimum side yard setback adjacent to street– 10 feet except lots 15 and 23 shall be 8 feet. h) Minimum side yard setback– 7 feet except front entry lots 15 through 26 feet shall be 6 feet. CZIM Meeting – October 30, 2018 A representative of Stanley Martin Homes was present at the meeting and there were three adjacent property owners who were also in attendance. They had the following concerns regarding the developed site: They stated that they had experienced water coming onto their properties that was causing erosion and flooding. They acknowledged that the development would be built but was opposed to the further increase in impervious area if the modifications to the setbacks were approved. Stanley Martin Homes stated that they would work with the neighbors to try to improved the situation with the water runoff as much as they could control. Page 6 of 8 ZM18-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on November 19, 2018 (First Presentation November 5, 2018,) 11/1/2018 Analysis and Recommendation of ZM18-03 3) To the owner’s agreement to the following site development considerations: g) Minimum side yard setback adjacent to street– 10 feet except lots 15 and 23 shall be 8 feet. h) Minimum side yard setback– 7 feet except front entry lots 15 through 26 shall be 6 feet. The applicant, Stanley Martin Homes, intends to purchase the development from the current owner/developer. In order to build the homes on lots numbered 15 through 26 and meet the minimum 2,800 square foot heated floor area required in the conditions pursuant to RZ13-16, the requested modifications are needed. In addition, by allowing the reduction of the side setbacks by one foot on each side and 2 feet for lots adjacent to a street, the applicant will be able to build a house that is more a esthetically pleasing and meet the condition of zoning that states that the design is to be substantially consistent with the photos included in the zoning conditions pursuant RZ13-16. Staff has included the elevation of one of the 12 front loading house s. The applicant’s architect has worked closely with the City Architect to meet the condition regarding design of the homes. Staff notes that these 12 lots were shown on the original site plan approved by Mayor and City Council as being front loading, whereas the remainder of the lots except for one, are rear loaded. Page 7 of 8 ZM18-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on November 19, 2018 (First Presentation November 5, 2018,) 11/1/2018 Page 8 of 8 ZM18-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on November 19, 2018 (First Presentation November 5, 2018,) 11/1/2018 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition for ZM18-03, the recommended conditions should be read as follows: 3) To the owner’s agreement to the following site development considerations: g) Minimum side yard setback adjacent to street– 10 feet except lots 15 and 23 shall be 8 feet. (RZ13-16) h) Minimum side yard setback– 7 feet except front entry lots 15 through 26 shall be 6 feet. (RZ13-16) ORDINANCE NO. PETITION NO. ZM18-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITIONS 3.g. AND 3.h. of RZ13-16 BY THE CITY OF MILTON CITY COUNCIL ON DECEMBER 16, 2013 BY THE CITY OF MILTON CITY COUNCIL FOR PROPERTY LOCATED ON BETHANY BEND WITHIN LAND LOT 832, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 8.887 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on November 19, 2018 at 6:00 p.m. as follows: SECTION 1. That conditions of RZ13-16 approved by the City of Milton City Council on December 16, 2013 property located on Bethany Bend consisting of a total of approximately 8.887 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 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 19th 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 for ZM18-03, the recommended conditions should be read as follows: 3) To the owner’s agreement to the following site development considerations: g) Minimum side yard setback adjacent to street– 10 feet except lots 15 and 23 shall be 8 feet. (RZ13-16) h) Minimum side yard setback– 7 feet except front entry lots 15 through 26 shall be 6 feet. (RZ13-16) MILTON'll ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 29, 2018 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Cindy Rodeo Collection, Inc., d/b/a Crabapple Cottage, 765 Mid Broadwell Road, Milton, Ga. 30004 MEETING DATE: Monday, November 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: W'APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (q'NO CITY ATTORNEY REVIEW REQUIRED: () YES (,ANO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on October 19, 2018 for the November 5, 2018 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Cindy Rodeo Collection, Inc., d/b/a Crabapple Cottage, 765 Mid Broadwell Road, Milton, Ga. 30004 _____________________________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license for Cindy Rodeo Collection, Inc., d/b/a Crabapple Cottage for an incidental license for Wine and Malt Beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Cindy Rodeo Collection, Inc., d/b/a Crabapple Cottage Contact Name: Cindy Steedle Business Address: 765 Mid Broadwell Road, Milton, Georgia 30004 Type of License: Incidental – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Steven Krokoff, City Manager Carter Lucas, Assistant City Manager MILTON%r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: October 31, 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 ZM 14-03 - 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, November 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,41APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (JAO CITY ATTORNEY REVIEW REQUIRED: () YES (,ANO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED 66,-QJ)44 11 lci/206 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 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 Page 7 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 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. Page 8 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 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 Page 9 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 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. Page 10 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 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 Page 11 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 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. Page 12 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 (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 Page 13 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 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. Page 14 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 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 Page 15 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 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. Page 16 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 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. Page 17 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 ON OCTOBER 18, 2018 Page 18 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 EXHIBIT A Page 19 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 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 TO: FROM: M1,LTON-1 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 30, 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 Restrooms at Providence Park MEETING DATE: Monday, November 5, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (J APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: {YES () NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY: (�XPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: �d 1 vs7cE' 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 30, 2018 for the November 5, 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 Restrooms at Providence Park _____________________________________________________________________________________ Project Description: This request is to approve a project agreement for the construction of restrooms at Providence Park. The agreement is with the State of Georgia Department of Natural Resources and provides the City of Milton with a Land and Water Conservation Fund Grant of $100,000. The grant requires the City to provide a 50% match which is planned for in the FY19 CIP budget. The pre-application for the grant was approved by the Mayor and council on October 16, 2017. Currently, Providence Park has only one ADA accessible portable toilet. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: Capital Grant Account Number TBD upon Council Approval Requisition Total: $100,000 Grant Financial Review: Bernadette Harvill, October 30, 2018 Legal Review: Sam VanVolkenburgh, October 30, 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 A! GEORGIA DEPARTMENT OF NATURAL RESOURCES MARK WILLIAMS, COMMISSIONER October 23, 2018 Honorable Joe Lockwood Mayor, City of Milton 2006 Heritage Walk Milton, Georgia 30004 RE: Land and Water Conservation Fund Grant Project Name: Providence Park Project Number: P18AP00626/13-00982 Dear Mayor Lockwood: We have received official notification from the National Park Service, U.S. Department of the Interior, that your Land and Water Conservation Fund (LWCF) project has been approved. Attached are two copies of the project agreement containing the specific terms of the grant. Please have the local governing body pass and certify a resolution accepting the terms of the grant, secure the appropriate signature on both copies of the agreement, and return both copies along with the resolution and certification to our office for processing. Upon full execution, an original will be returned to you. Also enclosed are comments from various state agencies. Their review and comments are a part of the approval process. We have included them in case you seek additional federal funding from other sources that require them. Please note that these comments may be referenced on page 2 of the agreement as an additional requirement. Prior to starting any portion of this LWCF grant, someone from your office will need to attend either a group or one-on-one fiscal workshop. Topics to be converted include grants management, record-keeping procedures, and compliance with state and federal guidelines. Please contact our office to schedule this workshop. We look forward to working closely with you on this project in your efforts to provide recreation opportunities for the citizens in your area. If you should have any questions, please call me at 770-389-7286. Enclosure cc: Jim Cregge Sincerely, Antoinette Norfleet State Liaison Officer 2600SAN. I SIOCKBRIDGI:, GEORGI.a30281 770.389.7286 1 F:k1770.389.7272 1 -%N\X-r .GADNR.ORc DEPARTMENT OF NATURAL RESOURCES LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT Applicant (State Agency/City/County/Commission/Authority): Project Number: LWCF(FBMS) City of Milton 13-00982 (PI8AP00626) Project Title: Providence Park Project Period: Date of Approval (defined as the date of signatures on the following page) - December 31, 2020 Project Stage Covered by this Agreement: Entire Project Project Scope (Description of Project): This project consists of the development of a 41 acre park known as Providence Park in the City of Milton, Fulton County, Georgia by the City of Milton to include: 1. Installation of an eco -friendly self -composting toilets and waterless urinals —eliminates the need for a septic tank. 2. Installation of Vegetative Roof Systems — planted with native vegetation. 3. Installation of solar powered lighting along the pathway along the building. 4. Installation of Bioswales—The building and the area surrounding will have elements of landscaping designed to remove pollution of surface runoff water. 5. Construction of an educational component— covered open-air walkway extends between two informational stations. By execution of this Project Agreement, the Applicant agrees to comply with the following regulations, policies, guidelines, and requirements, as applicable to this project: 1. Georgia Department of Natural Resources Land and Water Conservation Fund Project Agreement General Provisions (attached pages 3-12) 2. LWCF State Assistance Program Manual 3. Project Application and Attachments 4. 2 CFR Part 200 5. 43 CFR Part 12 6. 36 CFR Part 59 Project Cost Total Cost: S 200,000.00 Fund (LWCF) Amount $ 100,000.00 (Fund amount not to exceed 50% of Total) DNR Form (October 2016) The Department of Natural Resources, represented by the Commissioner of the Department of Natural Resources or his lawfully designated representative, and the Applicant named above hereinafter referred to as the Applicant, mutually agree to perform this Agreement in accordance with the Land and Water Conservation Fund Act, the LWCF State Assistance Program Manual, and the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, assurances, and certifications attached hereto or retained by the Applicant and hereby made a part hereof The Department of Natural Resources promises, in consideration of the promises made by the Applicant herein, to obligate to the Applicant the amount of money referred to above, and to tender to the Applicant that portion of the obligation which is required to pay the Department's share of the costs of the above project stage, based upon the above percentage of assistance. The Applicant hereby promises, in consideration of the promises made by the Department herein, to execute the project described above in accordance with the terms of this Agreement. The following special project terms and conditions were added to this Agreement before it was signed by the parties hereto: Applicant will need to meet the attached conditions placed on the project by the Environmental Protection Division -Watershed Protection Branch In witness whereof, the parties have executed this Agreement as of the date entered below. STATE OF GEORGIA By (Signature) Antoinette Norfleet State Liaison Officer Date 2 CITY OF MILTON By (Signature) Joe Lockwood (Name) Mavor (Title) DEPARTMENT OF NATURAL RESOURCES LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT Applicant (State Agency/City/County/Commission/Authority): Project Number: LWCF(FBMS) City of Milton 13-00982 (Pl8AP00626) Project Title: Providence Park Project Period: Date of Approval (defined as the date of signatures on the following page) - December 31, 2020 Project Stage Covered by this Agreement: Entire Project Project Scope (Description of Project): This project consists of the development of a 41 acre park known as Providence Park in the City of Milton, Fulton County, Georgia by the City of Milton to include: 1. Installation of an eco -friendly self -composting toilets and waterless urinals — eliminates the need fora septic tank. 2. Installation of Vegetative Roof Systems — planted with native vegetation. 3. Installation of solar powered lighting along the pathway along the building. 4. Installation of Bioswales —The building and the area surrounding will have elements of landscaping designed to remove pollution of surface runoff water. 5. Construction of an educational component —covered open-air walkway extends between two informational stations. By execution of this Project Agreement, the Applicant agrees to comply with the following regulations, policies, guidelines, and requirements, as applicable to this project: 1. Georgia Department of Natural Resources Land and Water Conservation Fund Project Agreement General Provisions (attached pages 3-12) 2. LWCF State Assistance Program Manual 3. Project Application and Attachments 4. 2 CFR Part 200 5. 43 CFR Part 12 6. 36 CFR Part 59 Project Cost: Total Cost: $ 200,000.00 Fund (LWCF) Amount $ 100,000.00 (Fund amount not to exceed 50% of Total) DNR Form (October 2016) The Department of Natural Resources, represented by the Commissioner of the Department of Natural Resources or his lawfully designated representative, and the Applicant named above hereinafter referred to as the Applicant, mutually agree to perform this Agreement in accordance with the Land and Water Conservation Fund Act, the LWCF State Assistance Program Manual, and the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, assurances, and certifications attached hereto or retained by the Applicant and hereby made a part hereof. The Department of Natural Resources promises, in consideration of the promises made by the Applicant herein, to obligate to the Applicant the amount of money referred to above, and to tender to the Applicant that portion of the obligation which is required to pay the Department's share of the costs of the above project stage, based upon the above percentage of assistance. The Applicant hereby promises, in consideration of the promises made by the Department herein, to execute the project described above in accordance with the terms of this Agreement. The following special project terms and conditions were added to this Agreement before it was signed by the parties hereto: Applicant will need to meet the attached conditions placed on the project by the Environmental Protection Division -Watershed Protection Branch In witness whereof, the parties have executed this Agreement as of the date entered below. STATE OF GEORGIA By (Signature) Antoinette Norfleet State Liaison Officer Date 9 CITY OF MILTON By (Signature) Joe Lockwood (Name) Mavor (Title) GEORGIA DEPARTMENT OF NATURAL RESOURCES LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT GENERAL PROVISIONS Part I - Definitions A. The term "NPS" or "Service" as used herein means the National Park Service, United States Department of the Interior. B. The term "DNR" as used herein means the Department of Natural Resources, State of Georgia. C. The term "Secretary" as used herein means the Secretary of the Interior; or any representative lawfully delegated the authority to act for such Secretary. The term "Commissioner" as used herein means the Commissioner of the Department of Natural Resources, or any representative lawfully delegated the authority to act for such Commissioner. E. The term "SLO" as used herein means the State Liaison Officer for the Department of Natural Resources, or any representative lawfully delegated the authority to act for such SLO. The term "grant" as used herein means a grant of monies awarded pursuant to the Land and Water Conservation. Fund Act of 1965. The term "Applicant" as used herein means the state agency, city, county, commission, authority, or other local entity which is a recipient of a grant. The terms "applicant," "grantee," and "recipient" are deemed synonymous. H. The term "project agreement" as used herein means the Department of Natural Resources Land and Water Conservation Fund Project Agreement entered into between DNR and the Applicant and which governs the acceptance and usage of the grant. L The term "manual as used herein means the Land and Water Conservation Fund State Assistance Program Manual. The term "project" as used herein means a Land and Water Conservation Fund grant, which is subject to the project agreement and any subsequent amendments. The term "State" as used herein means the state of Georgia. Part H - Continuing Assurances The parties to the project agreement specifically recognize that the Land and Water Conservation Fund (hereinafter LWCF or the Fund) project creates an obligation to maintain the property described in the project agreement and supporting application documentation consistent with the Land and Water Conservation Fund Act of 1965 (hereinafter the Act or the LWCF Act) and the following requirements. Further, it is the acknowledged intent of the parties hereto that the recipient of assistance will use monies granted hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least with the federal cost -share, in a participant's outdoor recreation. It is intended by both parties hereto that assistance from the Fund will be added to, rather than replace or be substituted for, state and local outdoor recreation funds. A. The Applicant agrees, as recipient of this assistance, that it will meet the specific requirements of these general provisions and that it will further impose these requirements, and the terms of the project agreement, upon any political subdivision or office thereof, or public agency to which funds are transferred pursuant to the project agreement. The Applicant also agrees that it shall be responsible for compliance with the terms of the project agreement by such a political subdivision or office thereof, or public agency and that failure by such political subdivision, or office thereof, or public agency to so comply shall be deemed a failure by the Applicant to comply with the terms of this project agreement. 3 B. The Applicant agrees that the property described in the project agreement and, if applicable, the signed and dated project boundary map made part of that agreement, is being acquired or developed with Land and Water Conservation Fund assistance, or is integral to such acquisition or development, and that, without the approval of the SLO and the Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of leased Iyoperty_ The SLO and the Secretary shall approve such conversion only if it is found to be in accord with The Georgia Planning Act, The Service Delivery Strategy Law, and any other then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location pursuant to Title 36 Part 59.3 of the Code of Federal Regulations. This replacement land becomes subject to Section 6(f)(3) protection. Applicant agrees and understands that final approval for any such conversion is at the sole discretion of the Secretary. Prior to the completion of this project, and subject to final approval by the Secretary, the Applicant and the SLO may mutually alter the area described in the project agreement and, if applicable, the signed and dated project boundary map, to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded Section 6(f)(3) protection. In the event the NPS and DNR provide Land and Water Conservation Fund assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation uses as a result of such right or interest being exercised will occur. In receipt of this approval, the Applicant agrees to notify DNR of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and program regulations. The provisions of this paragraph are also applicable to: leased properties acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by NPS and DNR; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by NPS and DNR. C. The Applicant agrees that the benefit to be derived by the State and the United States from the full compliance by the Applicant with the terms of this agreement is the preservation, protection, and the net increase in the quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State and the United States by way of LWCF assistance. The Applicant agrees that payment by the Applicant to DNR or the United States of an amount equal to the amount of assistance extended under the project agreement by DNR and the United States would be inadequate compensation to DNR and the United States for any breach by the Applicant of the project agreement. The Applicant further agrees, therefore, that the appropriate remedy in the event of a breach by the Applicant of the project agreement shall be the specific performance of said agreement or the submission and approval of a conversion -of - use request as described in Part 11.13 above. D. The Applicant agrees to comply with the manual policies and procedures. Provisions of the manual are incorporated into and made a part of the project agreement. E. The Applicant agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by applicable Manual requirements and applicable published post -completion compliance regulations (Title 36 Part 59 of the Code of Federal Regulations). F. The Applicant agrees that a permanent record shall be kept in its public property records and available for public inspection to the effect that the property described in the scope of the project agreement; and if applicable, the signed and dated project boundary map made part of that agreement, has been acquired or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the SLO and the Secretary. 11 Part Iii Project Assurances A. The Applicant shall comply with applicable state and federal regulations, policies, guidelines and requirements as they relate to the application, acceptance and use of federal funds for the project, including: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR Part 180 & 1400, Non -Procurement Debarment and Suspension, previously located at 43 CFR Part 42, "Govermnent wide Debarment and Suspension (Non Procurement)" 43 CFR Part 18, New Restrictions on Lobbying; FAR Clause 52.203-12, Paragraphs (a) and (b), Limitation on Payments to Influence Certain Federal Transactions; 2 CFR Part 25, System for Award Managemeat(www.SAM.gov) and Data Universal Numbering System (DUNS); and 2 CFR Part 170, Reporting Subawards and Executive Compensation B. Project Application The giant application bearing the same project number as the project agreement and associated documents is by this reference made a part of the project agreement. The Applicant possesses legal authority to apply for the grant, 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 application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Applicant to act in connection with the application and to provide such additional information as may be required. The Applicant has the capability to finance the non-federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. C. Project Execution 1. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project shall end on the date of completion or termination. 2. DNR shall transfer to the Applicant all funds granted hereunder except those reimbursed to DNR to cover eligible administrative expenses. The Applicant will cause work on the project to be commenced within a reasonable time after receipt of notification that funds have been approved and assure that the project will be implemented to completion with reasonable diligence. 4. The Applicant shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable federal, state, and local laws and regulations. In the event the project covered by the project agreement cannot be completed in accordance with the plans and specifications for the project, the Applicant shall bring the project to a point of recreational usefulness agreed upon by the SLO and the Secretary. 6. The Applicant will provide for and maintain competent and adequate architectural/engineering supervision and W inspection at the construction site to insure that the completed work conforms to the approved plans and specifications and will furnish progress reports and such other information as the DNR may require - 7. The Applicant will require the facility to be designed to comply with the Architectural Barriers Act of 1.968, as amended (Public Law 90-480), relating to accessibility standards. The Applicant will be responsible for conducting inspections to insure compliance with these specifications - 8. The Applicant will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and procedures implementing the same for all real property acquisitions, and where applicable, shall assure that the same has been complied with for property to be developed with assistance from the grant. 9. The Applicant will comply with the provisions of. Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement of water pollution, and Executive Order 11990 relating to the protection of wetlands. 10. The Applicant will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) and the applicable manual provisions relating to flood insurance and requirements. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any federal financial assistance for construction or acquisition purposes, for use in any area that has been identified as an area having special flood hazards by the Flood Insurance Administration of the federal Emergency Management Agency. 11. The Applicant will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1966 (16 U.S.C. 469a -I et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to effects (see CFR Part 800.8) by the activity, and notifying the DNR and NPS of the existence of any such properties, and by (b) complying with all requirements established by NPS to avoid or mitigate adverse effects upon such properties. 12. The Applicant will comply with "Minority Business Enterprises" and "Women's Business Enterprises" pursuant to Executive Orders 11625, 12138, and 12432 as follows: a) Ensure that small businesses, minority-owned firms, and women's business enterprises are used to the fullest extent practicable, b) Make information on forthcoming opportunities available and arrange ime frames for purchases and contracts to encourage and facilitate participation by small businesses, minorit3Aowned firms, and women's business enterprises. c) Consider in the contract process whether firms competing for larger contracts intend to subcaitract with small businesses, minority-owned firms, and women's business enterprises. d) Encourage contracting with consortiums of small businesses, minorityowned firms and women's Z� business enterprises when a contract is too large for one of these firmsto handle individually. e) Use the services and assistance, as appropriate, of such organizations as the Small Business Development Agency in the solicitation and utilization of small business, minorityowned firms and women's business enterprises. The DNR and NPS Regional Offices will work closely with the Applicant to ensure full compliance and that grant recipients take affirmative action in placing a fair share of purchases with minority business firms. 13. Applicant shall comply with the applicable provisions of 40 U.S.C. 3702 and 3 )704, as supplemented by Department of Labor regulations (29 CFR Part 5), relating to the employment of mechanics or laborers. I 14. Applicant shall comply with the applicable standards, orders and/or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 740 let seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251et seq.). D. Contracts for Construction 1.Applicant shall comply with the applicable provisions of the equal opportunity clause as found in 41 CFR 60-1.4, in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2.Applicant shall comply with the applicable provisions of the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). 3.Applicant shall comply with the applicable provisions of 2 CFR 200. E. Retention and Custodial Requirements for Records All Applicant financial and programmatic records, supporting documents, statistical records, and all other grant related records shall be retained in accordance with 2 CFR 200.333 to .337 for a period of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved. 2. The retention period starts from the date of the final expenditure report for the project. 3. State and local governments are authorized to substitute copies in lieu of original records. 4. The Secretary, the Comptroller General of the United States, and the SLO, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Applicant and their related departments which are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts. F. Project Termination 1. The Secretary or the SLO may temporarily suspend fund assistance under the project pending corrective action by the Applicant or pending a decision to terminate the grant by the NPS. 2. The Applicant may unilaterally terminate the project at any time prior to the fust payment on the project. After the initial payment, the project may be terminated, modified, or amended by the Applicant only by mutual agreement with the NPS. 3. The Secretary or the SLO may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The SLO will promptly notify the Applicant in writing of the determination and the reasons for the termination, together with the effective date. Payments made to Applicants or recoveries by the NPS and the DNR under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Secretary, the SLO, or the Applicant may terminate grants in whole, or in part, at any time before the date of completion, when all parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The Applicant shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The NPS and the DNR may allow full credit to the Applicant for the federal share of the noncancelable obligations, properly incurred by the Applicant prior to termination. 7 5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the Applicant, the SLO, and the Secretary or that all grant funds provided pursuant to the project agreement be returned. G. Lobbying with Appropriated Funds For recipients of grants in excess of $100,000, the provisions of 31U.S.C. 1352 must be certified as follows. The Applicant certifies by execution of this agreement, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of arty federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying, " in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100, 000 for each such failure. H. Nondiscrimination Applicant certifies that, as a condition to receiving the grant, it will comply with all federal requirements relating to nondiscrimination. These include, but are not limited to; (a) Executive Order 11246, as amended (b) Title VI of the Civil Rights Act of 1964, as amended (78 Stat. 252; 42 U.S.C. §§2000d et seq_), which prohibits discrimination on the basis of race, color, or national origin; (c) Title V, Section 504 of the Rehabilitation Act of 1973, as amended (87 Stat. 394, 29 U.S.C. §794), which prohibits discrimination on the basis of disability; (d) the Age Discrimination Act of 1975, as amended (89 Stat. 728, 42 U.S.C. §§6101 etseq.), which prohibits discrimination on the basis of age; and with all other applicable federal laws and regulations prohibiting discrimination, to the end that no person in the United States shall, on the grounds of race, color, sexual orientation, national origin, disability, religion, age, or sex, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or benefited from federal financial assistance. If any real property or structure thereon is provided or improved with the aid of federal financial assistance extended to the Applicant, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant for the period during which the federal financial assistance is extended to it. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal grants, loans, contracts, property, discounts or other federal financial assistance extended after the date hereof to the Applicant, including installment payments after such date on account of applications for federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and subrecpients and the person whose signature appears on the agreement and who is authorized to sign on behalf of the Applicant. The Applicant agrees that it shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual. 1. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions The Applicant certifies, by submission of this agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. If the Applicant is unable to make such certification, the Applicant must attach an explanation to the agreement for submission to NPS J. Audit Requirements 1) Non-federal entities that expend $750,000 or more during a year in federal awards shall have a single or program - specific audit conducted for that year in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et seq.) and 2 CFR Part 200, Subpart F, which is available at 2) Non-federal entities that expend less than $750,000 fora fiscal year in federal awards are exempt from federal audit requirements for that year, but records must be available for review or audit by appropriate officials oiNPS, DNR, and General Accounting Office (GAO). 3) Audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits. Additional audit requirements applicable to this agreement are found at 2 CFR Part 200, Subpart F, as applicable. K. Recipient Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights 1) This grant and employees working on thisproject will be subject to the whistleblower rights and remedies in the pilot program on recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section 3.908 of the Federal Acquisition Regulation. 2) The Applicant shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712 as described in section 3.908 of the Federal Acquisition Regulation. 3) The Applicant shall insert the substance of this clause, including this subparagraph (3), in all subawards or subcontracts over the simplified acquisition threshold L. Reporting Executive Compensation 1) Reporting Total Compensation of Recipient Executives a. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. In the preceding fiscal year, you received - 0 a. 80 percent or more of your annual gross revenues aomfederal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and b. $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) b. You must report to DNR the executive total compensation described above by the end of the month following the month in which this grant is made, and annually thereafter. 2) Definitions. For purposes of this section: a. "Executive" means officers, managing partners, or any other employees in management positions. b. "Total compensation" means the cash and noncash dollar value earned by the executive during the preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in Jcordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and ate available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. M. Conflicts of Interest 1) The Applicant must establish safeguards to prohibit its employees andsub-recipients from using their positions for purposes that constitute or present the appearance of a personal or organizational conflict of interest. The Applicant is responsible for notifying DNR in writing of any actual or potential conflicts of interest that may arise during the life of this agreement Conflicts of interest include any relationship or matter whichmight place the Applicant or its employees in a position of conflict, real or apparent, between their responsibilities under the agreement and any other outside interests. Conflicts of interest may also include, but are not limited to, direct or indirect fnancial interests, close personal relationships, positions of trust in outside organizations, consideration of future employment arrangements with a different organization, or decision-making affecting the agreement that would cause a 10 reasonable person with knowledge of the relevant facts to question the impartiality of theApplicant and/or Applicant's employees and sub -recipients in the matter. 2) DNR and, if applicable, the servicing Ethics Counselor for the Department of the Interior, will determine if a conflict of interest exists. If a conflict of interest exists DNR and NPS will determine the feasibility of a mitigation plan. Any such plan must be approved in writing by DNR and NPS, 3) Failure to resolve a conflict of interest in a manner that satisfies DNR and NPS may be cause for termination of the grant. Failure to make required disclosures may result in any of the remedies described in CFR § 200.338, Remedies for Noncompliance, including suspension or debarment (see also 2 CFR Part 180). N. Reporting of Matters Related to RecipientIntegrity and Performance 1) General Reporting Requirement For grants where the LWCF share is $500,000 or greater, the recipient agrees to provide to DNR the information necessary for DNR to comply with the rEporting requirements described to 41 U.S.C. 2313 as to integrity and performance matters. This is a statutory requirement under section 872 of Public Law 110417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required forfederal procurement contracts, will be publicly available. 2) You must submit to DNR the information required about each proceeding that: a) Is in connection with the award or performance ofthe grant; b) Reached its final disposition during the most recent five year period; and C) Is one of the following: i) A criminal proceeding that resulted in a conviction, as defimd in paragraph (4) of this section; ii) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; iii) An administrative proceeding, as defined in paragraph (4) of this section, that resulted in a finding of fault and liability and payment of either a monetary fine or penalty of $5,000 or more; or reimbursement, restitution, or damages in excess of $100,000; or iv) Any other criminal, civil, or administrative proceeding if: 1. It could have led to an outcome described in paragraph (2)(c)(i), (2)(c)(ii), or (2)(c)(iii) above; 2. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and 3. The requirement to disclose information about the proceeding does not conflict with applicable laws and regulations. 3) Reporting Frequency During any period of time when you are subject to the requirementof this section, you must report proceedings information for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 4) Definitions. For purposes of this section: a) "Administrative proceeding" means a non.: judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings).This includes proceedings at the federal and state level 11 but only in connection with performance of afederal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b) "Conviction" means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c) "Total value of currently active grants, cooperative agreements, and, procurement contract' includes: i) Only the federal share of the funding under anyfederal award with a recipient cost share or match; and ii) The value of all expected funding increments under afederal award and options, even if not yet exercised.. 12 Norfleet, Antoinette i From: Eastin, William <we'astin@dot.ga.gov> Sent: Monday, April 30, 2018 8:45 AM To: Norfleet, Antoinette Cc: VanDyke, Cindy Subject: GDOT Planning Review of FY 17-18 L&W Conservation Fund Grant Apps Attachments: DNR Project Review List 2018-04-03.pdf, DNR Request Letter 2018-04-03.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning Ms. Norfleet, Thank you for your recent contact with the Georgia Department of Transportation. Our office has reviewed the DNR application bundle for the FY 2017-2018 Land and Water Conservation Fund Grant dated April 3rd, 2018 (1 have attached the list of projects that were reviewed and the request for review Fetter). The Planning Office finds these proposals consistent with current state plans and will not impede on state highway projects. However, our office does have a couple comments regarding local coordination on two of the projects: 1. Peachtree Creek Greenway — City of Brookhaven GDOT PI # 0016053 (Peachtree Creek Greenway Trail Phase 11) in near future (FY2019 - 2021). Please coordinate with the City of Brookhaven to avoid conflicts between the proposed lighting project and the trail project. The City of Brookhaven Project Manager is Patty Hansen and she can be reached at 404-637-0500. 2. Hallmark Park Renovations — City of Lyons GDOT PI # M005288 (resurfacing project) in near future (FY2019- 2021) on SR 292. Please coordinate with GDOT District 5 when park rehab is close to execution to get schedule for resurfacing. The GDOT District 5 Office main line is 912-427-5700. If you require any additional information or have any questions regarding the above information, please feel free to contact our office. Thank you, William William Eastin Southeast Georgia Branch Chief weastin@dot.ga.gov l 404-63x-i&to Georgia Department of Transportation - Office of Planning 600 West Peachtree Street NW, 5`h Floor Atlanta, Georgia 30308 tJt� ✓475 Land and Water Conservatian Fund 2017-2018 Selections i Type County Applicant Project Title R Haralson Bremen, City of Ball Field Fencing Project- City Park D DeKalb Brookhaven, City of Peachtree Creek Greenway R Glynn Brunswick, City of Howard Coffin Park Renovation D Cherokee Canton, City of Etowah River Park Trail R I Polk Cedartown, City of Goodyear Park Soccer Complex D Houston Centerville, City of Centerville Center Park - Phase 1 D DeKalb Chamblee, City of Keswick Park Restroom Facilities R Crisp Crisp County Pickens, Pool Rehab D Douglas Douglas County Clinton (Nature Preserve Trailhead R: Coffee. '. Doug las,City of .: ' Miracle Field, at Davis Wade'f?ack D_ Fulton East Polnt'�City of ' : Connally Nature Park. Trail R Gwinnett Gwinnett County Rhodes Jordan Football Renovation D Henry Hampton, City of East Hampton Community Park D Harris Harris County Harris County Rails to Trails Project R Pulaski Hawkinsviile, City of Hawkinsville Harness Training Facility Renovations R Jeff Davis Jeff Davis County Upgrade Fence on Bali Fields R Jackson Jefferson, City of Jefferson Recreation Complex Trail Renovations A Jenkins Jenkins County Expansion for Jenkins Co._Rec. Dept. D Lanier Lanier County. Lanier. County ParksRec.Project R Toombs Lyons, City of Hallmark Park Renovations R lCobb Marietta, City of Wildwood Park Trail Resurfacing R McIntosh McIntosh County Rehab of Lion's and Eulonia Ballparks D Fulton Milton, City of Facility Construction at Providence Park R Laurens Rentz, Town of Rentz Playground Rehab R Rockdale Rockdale County Costley Mill Park Enhancement Project D Gwinnett Sugar Hill, City of Gold Mine Park Bridge/Boardwalk D Chattooga Summerville, City of Fairway Recreation Center Soccer fields R Talbot Talbot County Youth Center Renovation R lWhitfield Varnell, City of Peacock Alley Park Improvements R Toombs Vidalia, City of Recreation Facility Playground Rehab D Whitfield lWhiffield County Grant Farm Park Site Development D Cherokee Woodstock, City of Rubes Creek Trail Restroom Facility D Worth Worth County I Worth County Recreation Park Kick - Off . C' T� EOR IA— DEPARTMENT OF NATURAL RESOURCES WILDUrz RESOURCES DMS101\7 MARK WILLIAMS RUSTY GARRISON COMMISSIONER DIRECTOR April 26, 2018 Antoinette Norfleet Georgia State Parks and Historic Sites Grants Unit at Panola Mountain 2600 Hwy 155 SW, Suite C Stockbridge, GA 30281 Subject: Known occurrences of natural communities, plants and animals of highest priority conservation status on or near the following Georgia projects: Dear Ms. Norfleet: This is in response to your request of April 19, 2018. According to our records, within a three- mile radius of the project site, there are the following Natural Heritage Database occurrences: Bremen City Park Ballfield Fencing Replacement, Haralson County (Site Center: -85.135919,33.726851, WGS84) Cyprinella gibbsi (Tallapoosa Shiner) approx. 2.3 mi W of site in Beach Creek GA Etheostoma tallapoosae (Tallapoosa Darter) approx. 2.3 mi W of site in Beach Creek GA Hybopsis lineapunctata (Lined Chub) approx. 2.3 mi W of site in Beach Creek GA Symphyotrichum georgianum (Georgia Aster) approx. 1.3 mi SE of site GA Symphyotrichum georgianum (Georgia Aster) approx. 1.2 mi S of site Tallapoosa River 3 (0315010801) [SWAP High Priority Watershed], on site Tallapoosa River 2 (0315010802) [SWAP High Priority Watershed], approx. 0.6 mi SW of site Tallapoosa River 1 (0315010803) [SWAP High Priority Watershed], approx. 2.8 mi SW of site Little Tallapoosa River 2 (0315010808) [SWAP High Priority Watershed], on site Big Indian Creek, Tallapoosa River (03150108 10) [SWAP High Priority Watershed], approx. 0.7. mi SW of site Peachtee Creek Greenway, DeKalb County (Site Center: -84.335464,33.835243, WGS84) GA Cambarus howardi (Chattahoochee Crayfish) [HISTORIC] approx. 1.8 mi S of site in Peachtree Creek and Tributaries Isoetes valida (Mountain Bog Quillwort) [HISTORIC] approx. 1.7 mi S of site in Durand Pond Panax quinquefolius (American Ginseng) approx. 2.1 mi S of site T q /� NGNU:iME , ONSERVI.'?,-`.ION� Sm---AO1',T ..�.J3 iT.J. iii`'_171,7270 a7.�. I S©.�.'� I�;T IJ�F-C L.2 ' C \G.t . t')2 % .-? 77f .FiF.64? I FAX 7,'5-55"-35631iv.- GA Schisandra glabra (Bay Star -vine) [HISTORIC] approx. 2.0 mi SW of site GA Schisandra glabra (Bay Star -wine) [HISTORIC] approx. 0.5 mi S of site GA Schisandra glabra (Bay Star -vine) [HISTORIC] approx. 2.5 mi N of site GA Schisandra glabra (Bay Star -vine) [HISTORIC] approx. 2.6 mi S of site GA Schisandra glabra (Bay Star -vine) [HISTORIC] approx. 2.4 mi S of site GA Schisandra glabra (Bay Star -vine) [HISTORIC] approx. 2.1 mi S of site Johns Sanctuary [Atlanta Audubon Society], approx. 0.8 mi SE of site Wildwood Road Pro [Atlanta Greenway], approx.. 1.7 mi S of site Greenspace program acquisition approx. 0.8 mi NE of site Greenspace program acquisition approx. 0.8 mi SE of site Greenspace program acquisition approx. 1.5 mi S of site Greenspace program acquisition approx. 2.6 mi E of site Greenspace program acquisition approx. 2.8 mi NW of site Greensbace program acquisition approx. 2.8 mi SE of site Howard Coffin Park renovation, Glynn County (Site Center: -81.479590,31.151492, WGS84) Ammodramus maritimus (Seaside Sparrow) approx. 1.7 mi S of site .Ammodramus maritimus macgillivraii (MaeGillivray's Seaside Sparrow) on site GA Charadrius wilsonia (Wilson's Plover) approx. 1.8 mi SW of site US Drymarchon couperi (Eastern Indigo Snake) PSTORIC?] on site Eleocharis albida (White Spikerush) approx. 0.5 mi S of site Farancia erytrogramm erytrogramma (Common Rainbow Snake) [HISTORIC] in an uncertain location near the project site GA Haematopus palliates (American Oystercatcher) approx. 2.2 mi W of site Lasiurus intermedius (Northern Fellow Bat) approx. 0.8 mi S of site Laterallus jamaicensis (Black Rail) approx. 1.1 mi W of site GA Malaclemys terrapin (Diamondback Terrapin) approx. 1.3 mi NE of site Myotis austroriparius (Southeastern Myotis) [HISTORIC] in an uncertain location near the project site Nyctanassa violacea (Yellow -crowned bight -heron) on site GA Sarracenia minor var. minor (Hooded Pitcherplant) [HISTORIC] in an uncertain location clear the project site GA Sarracenia minor var. minor (Hooded Pitcherplant) [HISTORIC?] approx. 2.8 mi NW of site GA Sternula antillarum (Least Tern) approx. 1.1 mi W of site US Trichechus manatus (Manatee) approx. 0.1 mi E of site in tidal waters Tyto alba (Barn owl) on site Wading Bird Colony (Wading Bird Colony) approx. 2.1 mi SW of site Brunswick River (0307020302) [SWAP High Priority Watershed], on site Etowah River Park Trail Extension, Cherokee County (Site Center: -84.468814, 34.249921, WGS84) GA Etheostona rupestre (Rock Darter) approx. 0.9 mi N of site in Hickory Log Creek GA Etheostoma rupestre (Rock Darter) on site in the Etowah River IR 17962-asy-2018-04=26-14-41-45 US Etheostoma scotti (Cherokee Darter) approx. 2.1 mi S of site in Canton Creek US Etheostoma scotti (Cherokee Darter) approx. 1.1 mi S of site in Canton Creek US Etheostoma scotti (Cherokee Darter) approx. 1.8 mi S of site in Scott Creek US Etheostoma scotti (Cherokee Darter) approx. 3.0 mi NE of site in Edward Creek US Etheostoma scotti (Cherokee Darter) approx. 1.4 mi W of site in Puckett Creek US Etheostoma scotti (Cherokee Darter) approx. 2.7 mi NE of site in tributaries USEtheostoma scotti (Cherokee Darter) approx. 0.6 mi N of site in unnamed tributaries GA Hybopsis lineapunctata (Lined Chub) on site in the Etowah River Hybopsis sp. 9 (Etowah Chub) approx. 1.8 mi NE of site in the Etowah River GA Macrhybopsis sp. I (Coosa Chub) on site in the Etowah River US Myotis grisescens (Gray Myotis) approx. 1.4 mi S of site GA Noturus munitus (Frecklebelly Madtom) on site in the Etowah River Ophisaurus attenuates (Slender Glass Lizard) approx. 2.9 mi N of site US Percina antesella (Amber Darter) on site in the Etowah River GA Percina lenticula (Freckled Darter) on site in the Etowah River Perimyotis subflavus (Tri -colored Bat) approx. 1.4 mi S of site GA Symphyotrichum georgianum (Georgia Aster) approx. 2.2 miN of site GA Xerophyllum asphodeloides (Eastern Turkeybeard) approx. 1.6 mi NW of site [Smoky Mountain National Land Trust], approx. 0.6 mi SW of site 028-001 [Department of Transportation], approx. 2.4 mi NE of site ALLATOONA WMA [Georgia Department of Natural Resources], approx. 1.7 mi W of site Canton/575 [Corps of Engineers], approx. 0.2 mi N of site Lake A.11atoona [Corps of Engineers], approx. 1.5 mi W of site Sembler [Mountain Conservation Trust of Georgia], approx. 1.4 mi S of site Etowah River 5 (0315010406) [SWAP High Priority Watershed], on site City of Cedartown Goodyear Park Soccer Complex, Polk County (Site Center: -85.266057,34.013195, WGS84) Baptisia australis var. australis (Streamside Blue Indigo) approx. 2.2 mi N of site Cheilanthes alabamensis (Alabama Lipfern) approx. 1.6 mi N of site Echinacea simulata (Prairie Purple Coneflower) [HISTORIC] approx. 0.8 mi N of site Elimia caelatura (Savannah Elimia) approx. 2.7 mi S of site in Pumpkin Pile Creels Lythrurus lirus (Mountain Shiner) [HISTORIC] approx. 2.6 mi N of site in Cedar Creek GA Silene regia (Royal Catchfly) [HISTORIC] in an uncertain location near the project site Gann's Caves approx. 0.3 mi N of site Cedar Creek (0315010502) [SWAP High Priority Watershed], on site Centerville Center Park Phase 1, Houston County (Site Center: 83.686841, 32.624826, WGS84) Necturus punctatus (Dwarf Waterdog) [HISTORIC] approx. 1.5 mi NE of site Tyto alba (Barn owl) approx. 0.4 mi NW of site Vicia minut ora (Pygmy -flower Vetch) [HISTORIC] approx. 2.6 mi E of site Greenspace program acquisition approx. 13 mi NE of site Greenspace program acquisition approx. 2.5 mi SE of site IR 17962-asy-2018-04-26-14-41-45 Gcmulgee River Lower 5 (0307010401) [SWAP High Priority Watershed], on site City of Chamblee ]Keswick Park Restroom Facilities, DeKalb County (Site Center: -84.313683,33.890570, WGS84) GA Schisandra glabra (Bay Star -vine) [HISTORIC] in an uncertain location near the project site Greenspace program acquisition approx. 0.1 mi S of site Greenspace program acquisition approx. 2.0 mi E of site Greenspace program acquisition approx. 2.8 mi E of site Greenspace program acquisition approx. 2.9 mi SE of site Chattahoochee Upper North 1 (03 13 [SWAP High Priority Watershed], approx. 2.9 mi NW of site Pickens Pool Rehabilitation, Crisp County (Site Center: -83.788790, 31.958661, WGS84) Agalinis georgiana (Georgia Purple Foxglove) [EXTIRPATED?] on site Agalinis harperi (St. Marks Purple Foxglove) [HISTORIC] in an uncertain location near the project site Elimia induta (Gem Elimia) [HISTORIC] approx. 1.7 mi N of site in Gum Creek GA Elliptio arctata (Delicate Spike) [HISTORIC] approx. 2.2 mi N of site in Gum Creek GA Elliptio arctata (Delicate Spike) [HISTORIC] approx. 1.7 mi S of site in Cedar Creek US Hamiota subanb data (Shinyrayed Pocketbook) [fESTORIC] approx. 1.2 mi N of site in Gum Creek US Medionidus penicillatus (Gulf Moccasinshell) [HISTORIC] approx. 2.1 mi N of site in Gum Creek GA Penstemon dissectus (Cutleaf Beardtongue) [HISTORIC] in. an uncertain location near the project site US Pleurobema pyriforme (Oval Pigtoe) [HISTORIC?] approx. 1.7 mi S of site in Cedar Creek US Pleurobema pyriforme (Oval Pigtoe) [HISTORIC?] approx. 2.2 mi N of site in Gum Creek Rhexia aristosa (Awned Meadowbeauty) approx. 2.7 mi SE of site CORDELE FH [Georgia Department of Natural Resources], approx. 1.8 mi NW of site Flint River Middle 3, Lake Blackshear (0313000606) [SWAP High Priority Watershed], on site Clinton Mature Preserve Trailhead, Douglas County (Site Center: -84.868411, 33.707979, WGS84) US Amphianthus pusillus (Pool Sprite, Snorkelwort) on site Asclepias rubra (Red Milkweed) [EXTIRPATED] approx. 1.3 mi NW of site Boechera missouriensis (Missouri Rockcress) approx. 2.6 mi NE of site GA Cyprinella callitaenia (Bluestripe Shiner) approx. 2.1 mi S of site in bog River Micropterus cataractae (Shoal Bass) approx. 21 mi S of site in Dog River US Myotis septentrionalis (Northern Myotis) approx. 1.4 mi SW of site in Keaton Creek IR 17962-asy-2018-04-26-14-41-45 GA Notropis hypsilepis (Highscale Shiner) approx. 2.4 mi SW of site in Crawfish Creek GA Notropis hypsilepis (Highscale Shiner) approx. 2.6 mi S of site in Dog River Perimyotis subflavus (Tri -colored Bat) approx. 1.4 mi SW of site GA Schisandra glabra (Bay Star -vine) approx. 2.8 mi SE of site Chattahoochee River Lower North 7 (0313 000203) [SWAP High Priority Watershed], on site Little Tallapoosa River 2 (0315010808) [SWAP High Priority Watershed], approx. 2.4 mi NW of site City of Douglas Miracle Field at Davis Wade Park, Coffee County (Site Center: -82.856425, 3].508858, WGS84) GA Balduina atropurpurea (Purple Honeycomb Head) approx. 2.2 mi E of site GA Cordidegaster sayi (Say's Spiketail) approx. 2.4 mi NE of site Crotalus adamanteus (Eastern Diamond -backed Rattlesnake) approx. 1.6 mi E of site Crotalus adamanteus (Eastern Diamond -backed Rattlesnake [HISTORIC] in an uncertain location near the project site US Drymarchon couperi (Eastern Indigo Snake) [HISTORIC] approx. 2.5 mi E of site GA Elliottia racemosa (Georgia Plume) [HISTORIC] approx. 1.2 mi NE of site GA Epidendrum magnoliae (Greenfly Orchid) approx. 2.0 mi NE of site US Gopherus polyphemus (Gopher Tortoise) approx. 1.9 mi NW of site Lechea deckcerdi (Deckert Pinweed) approx. 3.0 mi NE of site Oxypolis ternata (Savanna Cowbane) approx. 2.2 mi E of site Rhynchospora macra (Many -bristled Beakrush) [HISTORIC] approx. 1.1 mi SE of site Rhynchospora punctata (Spotted Beakrush) [HISTORIC] approx. 2.0 mi SE of site Greenspace program acquisition approx. 1.0 mi N of site City of Hast Point Connally Nature Park Trail, Fulton County (Site Center: -84.454339, 33.692230, WGS84) GA Cypripediurn acaule (PinkLadyslipper) on site GA Peucaea aestivalis (Bachman's Sparrow) [HISTORIC] in an uncertain location near the project site GA Schisandra glabra (Bay Star -vine) approx. 2.9 mi NW of site GA. Symphyorichum georgianum (Georgia Aster) approx. 2.7 mi NW of site GA SymphyoMehum georgianum (Georgia Aster) [HISTORIC] approx. 2.4 mi S of site A Robinson [Atlanta Greenway], approx. 1.2 mi NW of site A. Davis [Atlanta Greenway], approx. 0.9 mi NW of site Andrews [Atlanta Greenway], approx. 0.7 mi NW of site Austin [Atlanta Greenway], approx. 0.8 mi NW of site Barksdale [Atlanta Greenway], approx. 1.2 mi NW of site Barnes [Atlanta Greenway], approx. 1.0 mi NW of site Beecher Hills [Atlanta Greenway], approx. 2.5 mi N of site Bethel [Atlanta Greenway], approx. 0.9 mi NW of site Betty Harvey [Atlanta Greenway], approx. 0.7 mi NW of site Brannon [Atlanta Greenway], approx.. 0.8 mi NW of site Bryant [Atlanta Greenway], approx. 1.7 mi NW of site IR 17962-asy-2018-04 26-1441-45 Collins [Atlanta Greenway], approx. 0.8 mi NW of site Cotton [Atlanta Greenway], approx. 1.2 mi NW of site D'Agnese [Atlanta Greenway], approx. 2.5 mi NW of site Drue [Atlanta Greenway], approx. 1.0 mi NW of site Dunn (Wells Dr) [Atlanta Greenway], approx. 0.8 mi NW of site Ellison [Atlanta Greenway], approx. 2.9 mi N of site Frank & Vera Williams [Atlanta Greenway], approx. 0.9 mi NW of site Goorahoo [Atlanta Greenway], approx. 1.9 mi NW of site Haege [Atlanta Greenway], approx. 1.3 mi NW of site Hampton [Atlanta Greenway], approx. 2.8 mi N of site Hunter [Atlanta Greenway], approx. 0.8 mi NW of site Joseph Dunn [Atlanta Greenway], approx. 1.1 mi NW of site Lewis [Atlanta Greenway], approx. 1.0 mi NW of site Moore [Atlanta Greenway], approx. 3.0 mi N of site Nash [Atlanta Greenway], approx. 2.3 mi NW of site Parland [Atlanta Greenway], approx. 1.2 mi NW of site Ricks [Atlanta Greenway], approx. 1.0 mi NW of site Sanford [Atlanta Greenway], approx. 1.3 mi NW of site Vera Pope [Atlanta Greenway], approx. 1.0 mi NW of site Walker [Atlanta Greenway], approx. 2.7 mi N of site Watson: [Atlanta Greenway], approx. 1.1 mi NW of site Webster Pope [Atlanta Greenway], approx. 2.8 mi NW of site Will Harris [Atlanta Greenway], approx. 2.8 mi NW of site Williams [Atlanta Greenway], approx. 1.1 mi NW of site YMCA [Atlanta Greenway], approx. 0.5 mi NW of site Greenspace program acquisition approx. 0.4 mi NW of site Greenspace program acquisition approx. 1.3 mi SW of site Greenspace program acquisition approx, 2.1 mi W of site Greenspace program acquisition approx. 2.6 mi NE of site Greenspace program acquisition approx. 2.6 mi SW of site Greenspace program acquisition approx. 2.9 mi SW of site Chattahoochee River Lower North 8 (0313000201) [SWAP High Priority Watershed], on site Chattahoochee River Lower North 7 (0313000203) [SWAP High Priority Watershed], approx. 1,0 mi S of site Flint River Upper 6 (0313000501) [SWAP High Priority Watershed], approx. 1.1 mi SE of site' Rhodes Jordan Football Field renovation, Gwinnett County (Site Center: -53.978352, 33.965742, WGS84) Amelanchier obovalis (Coastal Plain Serviceberry) [HISTORIC] approx. 2.9 mi E of site GA Cyprinella xaenura (Altamaha Shiner) [HISTORIC] approx. 2.3 mi N of site in the Yellow River GA. Sedum pusillum (Granite Stonecrop, Puck's Orpin.e) approx. 2.9 mi S of site GA Naldsteinia lobata (Piedmont Barren Strawberry) approx. 2.6 mi E of site IR 17962-asy-2018-04-26-14-41-45 C"neenspace program acquisition [county], approx. 2.8 mi E of site East Hampton Community Park, Henry County (Site Center: -84.275556,33.382076, WG884) 075-001 [Department of Transportation], approx. 0.9 mi E of site South River 1, Jackson Lake (0307010303) [SWAP High Priority Watershed], approx. 2.6 mi N of site Flint River Upper 6 (0313000501) [SWAP High Priority Watershed], approx. 0.3 mi W of site Rails to Trails Project, Harris County (Site Center: -84.549023, 32.856536, WGS54) Aesculus parviflora (Bottlebrush Buckeye) [HISTORIC] in an uncertain location near the project site Eurybia jonesiae (Piedmont Bigleaf Aster) [HISTORIC] approx. 1.1 mi S of site Listera australis (Southern Twayblade) [HISTORIC] in an uncertain location near the project site GA Rhododendron prunifolium (Plumleaf .Azalea) approx. 0.9 mi S of site Callaway Gardens [Callaway Gardens], on site Callaway 2 [Georgia Forestry Commission], approx. 2.1 mi S of site F. D. ROOSEVELT SP [Georgia Department of Natural Resources], on site Pinus palustris - Pinus echinata - (Panus virginiana) /Quercus marilandica - (Quercus prinus) / Paccinium pallidum Woodland (Montane Mixed Longleaf Woodland) approx. 1.4 mi E of site Pinus palustris - Pinus echinata / Quercus coccinea - Quercus georgiana Woodland (Pine Mountain Georgia Longleaf Pine Woodland) approx. 2.2 mi E of site Quercus prinus - Quercus mardandica Piedmont Woodland (Piedmont Rock Chestnut Oak - Blackjack Oak: Woodland) approx. 1.2 mi SE of site House Creek, Chattahoochee River Lower North (0313000210) [SWAP High Priority Watershed], on site Hawkinsville Harness Training Facility renovations, Pulaski County (Site Center: -83.474833, 32,260945, WGS84) US Acipenser oxyrinchus oxyrinchus (Atlantic Sturgeon) approx. 0.7 mi NE of site in the Ocmulgee River Elimia timida (Timid Elimia, Mockngsprings Elimia, Nymph EIimia) approx. 0.6 mi NE of site in One -Mile -Creek Elimia timida (Timid Elimia, Mockingsprings Elimia, Nymph Elimia) [EXTIRPATED?] approx. 1.0 mi SE of site in an Unnamed Spring by the Ocn ulgee River GA Etheostoma pay-vipinne (Goldstripe barter) approx. 1.3 mi SW of site in Tucsawhatchee Creek Farancia erytrogramma erytrogramma (Common Rainbow Snake) approx. 0.9 mi E of site GA Heterodon simu:s (Southern Plognose Snake) [HISTORIC] approx. 2.4 mi NE of site IR 17962-asy-2018-04-26-14-41-45 GA Moxostoma robustum (Robust Redhorse) approx. 0.7 mi NE of site in the Ocmulgee River Notogillia sathon (Satyr Slitsnail) approx. 1.9 mi S of site in Big Creels GA Salix floridana (Florida Willow) [HISTORIC] in an uncertain location near the project site Thelypteris ovata (Ovate Maiden Fern) [HISTORIC] approx. 0.5 mi E of site Greenspace program acquisition approx. 1.4 mi N of site Ocmulgee River Lower 4 (0307010403) [SWAP High Priority Watershed], on site Big Creek, Ocmulgee River Lower (0307010404) [SWAP High Priority Watershed], approx. 0.1 mi S of site Ocmulgee River Lower 3 (0307010405) [SWAP High Priority Watershed], approx. 3.0 mi S of site Jeff Davis County Upgrade of Fence on Ball )Fields, Jeff Davis County (Site Center: -82.624050,31.866000, WGS84) US Ambystoma cingulatum (Frosted Flatwoods Salamander) [HISTORIC] approx. 1.0 mi SE of site GA Marshallia samosa (Pineland Barbara Buttons) [HISTORIC] approx. 1.3 mi N of site GA Marshallia samosa (Pineland Barbara Buttons) approx. 1.3 mi N of site GA Marshallia ramosa (Pineland Barbara Buttons) approx. 1.3 mi NW of site GA Sarracenia flava (Yellow Flytrap) [HISTORIC] approx. 1.9 mi SE of site GA Sarracenia minor var. minor (Hooded Pitcherplant) [HISTORIC] approx. 1.9 mi SE of site GA Sarracenia psittacine (Parrot Pitcherplant) [HISTORIC] approx. 1.9 mi SE of site 080-002 [Department of Transportation], approx. 1.9 mi S of site Ocmulgee River Lower 1 (0307010408) [SWAP High Priority Watershed], on site Jefferson Recreation Complex Trail Renovations, Jackson County (Site Center: -83.620948,34-122389, WGS84) Condylura cristata (Star -nosed Mole) RUSTORIC] on site GA Cyprinella xaenura (Altamaha Shiner) approx. 1..1 mi S of site in the Middle Oconee River Spilogale putorius (Eastern Spotted Skunk) [HISTORIC] approx. 1.8 mi SE of site GUMLOG-RIVERMIST [Oconee River Land Trust], approx. 0.2 mi SW of site JEFFCO [Oconee River Land Trust], approx. 1.0 mi SE of site Greenspace program acquisition on site North Oconee River 2 (0307010104) [SWAP High Priority Watershed], approx. 1.5 mi NE of site Expansion of Jenkins County Recreation Department, Jenkins County, (Site Center: -81.944750, 32.792190, WGS84) GA Astragalus michauxii (Sandhill Milkvetch) [HISTORIC] approx. 1.6 mi NW of site GA Clemmys guttata (Spotted Turtle) [HISTORIC] approx. 0.9 mi NW of site IR 17962-asy-2018-04-26-14-41-45 Crotalus adamanteus (Eastern Diamond -backed Rattlesnake) [HISTORIC] approx. 1.0 mi NE of site GA Heterodon simus (Southern Hognose Snake) [HISTORIC] approx. 1.9 mi NW of site Hypericum erythreae (Georgia St. Johnswort) [HISTORIC] on site Lobelia boykinii (Boykin Lobelia) [HISTORIC] approx. 1:9 mi N of site Malaxis spicata (Florida Adder's -mouth Orchid) [HISTORIC] approx. 1.0 miN of site Marstonia halcyon (Halcyon Marstonia) [HISTORIC] approx. 1.0 mi NW of site in Buckhead Creek GA Moxostoma robustum (Robust Redhorse) approx. 0.7 mi SW of site in the Ogeechee River Pseudacris brimleyi (Brimley's Chorus Frog) [HISTORIC] approx. 0.8 mi W of site in the Ogeechee River Pseudacris brimleyi (Brimley's Chorus Frog) [HISTORIC] approx. 0.7 mi W of site in the Ogeechee River Scutellaria altamaha (Altamaha Skullcap) [HISTORIC] in an uncertain location near the project site Zanthoxylzam americanum (Northern Prickly -ash) [HISTORIC] approx. 1.8 mi SE of site Wetlands Reserve Program [Natural Resources Conservation Service], approx. 2.9 mi NW of site Buckhead Creek (03 06020106) [SWAP High Priority Watershed], approx. 0.1 mi N of site Ogeechee River Upper 1 (0306020107) [SWAP High Priority Watershed], approx. 0.8 mi W of site Ogeechee River Lower 3 (0306020201) [SWAP High Priority Watershed], on site Lanier County Warks and Recreation Park Build, Lanier County, (Site Center: -83.06384, 31.024284, WGS84) US Ambystoma cingulatum {Frosted Flatwoods Salamander) [HISTORIC] on site Angelica dentata (Sandhill Angelica) [HISTORIC] approx. 1.9 mi SW of site Asimina reticulata (Netleaf Pawpaw) [HISTORIC] approx. 2.2 mi E of site GA Clemmys guttata (Spotted Turtle) [HISTORIC] in an uncertain location near the project site US Gopherus polyphemus (Gopher Tortoise) approx. 1.6 mi N of site GA Haliaeetus leucocephalus (Bald Eagle) [EXTIRPATED] approx. 2.0 mi W of site Macrochelys suwanniensis (Suwanee Alligator Snapping Turtle) approx. 0.8 mi E of site US Notophthalmus perstrlatus (Striped Newt) [HISTORIC] in an uncertain location near the project site in the Alapaha River Palafoxia integrifolia (Palafoxia) approx. 1.4 mi N of site Pituophis melanoleucus mugitus (Florida Pine Snake) approx. 2.3 mi N of site Pseudemys concinna suwanniensis (Suwannee River Cooter) approx. 1.6 mi NE of site in the Alapaha River Pseudobranchus striatus spheniscus (Slender Dwarf Siren) [HISTORIC] approx. 0.7 mi NW of site GA Sarracenia minor var. minor (Hooded P tcherplant) approx. 0.4 mi SW of site Schoenoplectus etuberculatus (Clearwater Bulrush) approx. 1.3 mi W of site Seminatrix pygaea pygaea (Northern Florida Swamp Snake) [HISTORIC] in an uncertain location near the project site IR 17962-asy-2018-04-26-14-41-45 Ursus americanus floridanus (Florida Black Bear) habitat on site 2015006 [Georgia Land Trust], approx. 2.7 mi NW of site Bank's Lake NWR [U.S. Fish and Wildlife Service], approx. 0.3 mi W of site Banks Lake Preserve [The Nature Conservancy of Georgia], approx. 0.3 mi W of site Alapaha River 1 (0311020209) [SWAP High Priority Watershed, on site City of Lyons Hallmark Park Renovation, Toombs County (Site Centex 82.309500, 32.206483, WGS84) GA Balduina atropurpurea (Purple Honeycomb Head) approx. 0.6 mi SE of site GA Balduina atropurpurea (Purple Honeycomb Head) approx. 2.5 mi NW of site Eriocaulon texense (Texas Pipewort) [HISTORIC] approx. 2.2 mi NW of site US Gopherus polyphemus (Gopher Tortoise) approx. 2.0 mi NW of site GA Haliaeetus leucocephalus (Bald Eagle) approx. 2.8 mi N of site GA Sarracenia flava (Yellow flytrap) approx. 1.3 mi SW of site GA Sarracenia flava (Yellow Flytrap) approx. 2.5 mi NW of site GA Sarracenia minor var. minor (Hooded: Pitcherplant) approx. 2.5 mi NW of site GA Sarracenia psittacina (Parrot,Pitcherplant) approx. 0.6 n i SE of site GA Sarracenia psittacine (Parrot Pitcherplant) approx. 2.5 mi NW of site Sporobolus teretifolius (Wire -leaf Dropseed) approx. 2.5 mi NW of site Wading Bird Colony (Wading Bird Colony) approx. 2.6 mi SE of site Ohoopee River 1 (0307010705) [SWAP High Priority Watershed], approx. 1.4 mi SW of site City of Marietta Wildwood Park Trail Resurfacing, Cobb County (Site Center; 84.518915, 33.930771, WGS84) GA Cambarus howardi (Chattahoochee Crayfish) approx. 2.5 mi SE of site at Rottenwood Creek GA Cambarus howardi (Chattahoochee Crayfish) [HISTORIC?] at Sope Creekapprox. 2.2 mi N of site GA Cypripedium acazrle (Pink Ladyslipper) approx. 1.4 mi S of site GA Cypripedium acaule (Pink Ladyslipper) [HISTORIC] approx. 0.2 mi S of site Nyctanassa violacea (Yellow -crowned Night -heron) approx. 1.7 mi SE of site Penstemon pallidus (Eastern White Beardtongue) [HISTORIC] in an uncertain location near the project site Perimyotis subflavus (Tri -colored Bat) approx. 2.6 mi SE of site Pitzcophis melanoleucus melanoleucus (Northern Pine Snake) [JUSTORUC] approx. 1_.2 mi NW of site Greenspace program acquisition approx. 1.3 mi E of site Greenspace program acquisition approx. 2.5 mi N of site Greenspace program acquisition approx. 2.6 mi NE of site Greenspace program acquisition approx. 2.7 mi N of site Greenspace program acquisition approx. 2.7 mi NW of site Greenspace program acquisition approx. 2,7 mi S of site Greenspace program acquisition approx. 2.9 mi NW of site Chattahoochee Upper North 1 (0313 000111) [SWAP High Priority Watershed], on site IR 17962-asy-2018-04-26-14-41-45 Chattahoochee River Lower North 8 (0313000201.) [SWAP High Priority Watershed], approx. 1.3 mi SW of site Two sites: Rehabiiitation of Lion's Ballpark and Eulonia Ballpark, McIntosh'County (next two reviews) Eulonia Park, McIntosh County (Site Center. -81.437877,31.527081, WGS84) Hypericum erythreae (Georgia St. Johnswort) approx. 1.8 mi NE of site Hypericum erythreae (Georgia St. Johnswort) approx. 2.7 mi NE of site Hypericum erythreae (Georgia St. Johnswort) approx. 1.4 mi W of site Lithobatesvirgatipes (Carpenter Frog) [HISTORIC] approx. 1.6 mi SW of site GA Ophisaurus mimicus (Mimic Glass Lizard) approx. 2.9 mi SW of site Passerina ciris (Painted Bunting) approx. 1.2 mi NE of site GA Sarracenia minor var. minor (HoodedPitcherplant) approx. 1.4 mi W of site GA Sarracenia minor var. minor (Hooded Pitcherplant) approx. 0.4 mi E of site 2012005 [Atlantic Coast Conservancy], approx. 0.5 mi NE of site Liquidambar styraciflua - Acer rubrum - (Nyssa b f ora) / Woodwardia virginica Forest (South Atlantic Coastal Nonrverne Swamp Forest) approx. 2.5 mi NE of site Nyssa Mora /.ltea virginica - Cephalanthus occidentalis Depression Forest (Swamp Blackgum Depression Forest) approx. 2.7 mi E of site Quercus hemisphaerica - Magnolia grand ora - Carya (glabra, pallida) / Vaccinium arboreum / Chasmanthium sessiliflorum Forest (Sand Laurel Oak - Mixed Hardwood Upland Forest) approx. 2.3 mi W of site Quercus laurifolia / Carpinus caroliniana /Justicia ovata Forest (Diamondleaf Oak Bottomland Forest) approx. 2.9 mi N of site RICHMOND HILL WMA [Georgia Department of Natural Resources], approx. 0.9 mi NE of site Sabal palmetto - Quercus laurifolia - Quercus virginiana - Magnolia virginiana - Ulmus americana Forest (Temperate Hydric Hammock) approx. 2.5 mi NE of site Youngs Swamp [Corps of Engineers], approx. 0.4 mi W of site Youngs Swamp [Corps of Engineers], approx. 0.6 mi NW of site Lions Club Park, Darien, McIntosh County (Site Center: -81.423247,31.368302, WGS84) US Acipenser brevirostrum (Shortnose Sturgeon) approx. 1.9 mi SW of site in the Altamaha River US Acipenser brevirostrum (Shortnose Sturgeon) approx. 1.8 mi W of site in the Altamaha River US Acipenser oxyrinchus oxyrinchus (Atlantic Sturgeon) approx. 1.8 mi W of site in the Altamaha River Aeschynomene americana (Shyleafl [HISTORIC] approx. 3.0 mi N of site Ammodramus mar itimus macgillivraii (MacGillivray's Seaside Sparrow) approx. 2.8 mi E of site GA Clemmys gzcttata (Spotted Turtle) approx. 2.8 mi SW of site IR 17962-asy-2018-04-26-14-41-45 GA Corynorhinus rafznesquii (Rafinesque's Big -eared Bat) [HISTORIC] approx. 1.4 mi W of site GA Elanoides forficatus (Swallow-tailed Kite) approx. 2.8 mi W of site Eleocharis ambigens [HISTORIC] approx. 1:0 mi W of site GA Epidendrum magnoliae (Greenfly Orchid) approx. 2.0 mi W of site Farancia erytrogramma erytrogramma (Common Rainbow Snake) on site Farancia erytrogramma eryiYogramma (Common Rainbow Snake) approx. 1.5 mi SW of site GA Gelochelidon nilotica (Gull -billed Tern) approx. 1.4 mi S of site GA Haliaeetus leucocephalus (Bald Eagle) approx. 2.7 mi W of site GA Haliaeetus leucocephalus (Bald Eagle) approx. 0.7 mi SE of site GA Haliaeetus leucocephalus (Bald Eagle) approx. 1.4 mi W of site GA Haliaeetus leucocephalus (Bald Eagle) approx. 2.5 mi SW of site Himantopus mexicanus (Black -necked Stilt) approx. 0.5 mi NE of site Lanius ludovicianus migrans (Migrant Loggerhead Shrike) approx. 1.7 mi SW of site Myotis austroriparius (Southeastern Myotis) [HISTORIC] approx. 1.6 mi W of site Nfyotis austroriparius (Southeastern Myotis) [HISTORIC] in an uncertain location near the project site Nycticorax nycticorax (Black -crowned Night -heron) [HISTORIC] approx. 2.6 mi SE of site Passerina ciris (Painted Bursting) on site Physostegia leptophylla (Narrowleaf Obedient Plant) approx. 2.0 mi W of site Physostegia leptophylla (Narrowleaf Obedient Plant) approx. 2.1 Mi W of site Physostegia leptophylla (Narrowleaf Obedient Plant) approx. 2.4 mi W of site Physostegia leptophylla (Narrowleaf Obedient Plant) approx. 2.3 mi SW of site Physostegia leptophylla (Narrowleaf Obedient Plant) approx. 2.5 mi SW of site Physostegia leptophylla (Narrowleaf Obedient Plant) approx.. 2.6 mi W of site Physostegia leptophylla (Narrowleaf Obedient Plant) approx. 2.7 mi SW of site Physostegia leptophylla (Narrowleaf Obedient Plant) approx. 2.8 mi SW of site Physostegia leptophylla (Narrowleaf Obedient Plant) approx. 29 mi SW of site Physostegia leptophylla (Narrowleaf Obedient Plant) approx. 2.1 mi W of site Physostegia leptophylla (Narrowleaf Obedient Plant) approx. 2.9 mi SE of site GA Sarracenia minor var. rnnor (Hooded Pitcherplant) in an uncertain location near the project site GA Sarracenia minor var. minor (Hooded Pitcherplant) approx. 1.8 mi NE of site GA Sternula antillarum (Least Tem) approx. 2.1 mi S of site US Trichechus manatus (Manatee) approx. 0.4 mi SE of site in tidal waters Vigna luteola (Wild Yellow Cowpea) approx. 0.7 mi W of site Vigna luteola (Wild Yellow Cowpea) approx. 1.1 mi SW of site Vigna luteola (Wild Yellow Cowpea) approx. 0.5 mi E of site Vigna luteola (Wild Yellow Cowpea) approx. 1.8 mi SW of site Vigna luteola (Wild Yellow Cowpea) approx. 2.1 mi W of site Vigna luteola (Wild Yellow Cowpea) approx. 2.6 mi SW of site Vigna luteola (Wild Yellow Cowpea) approx. 2.5 mi SW of site Wading Bird Colony (Wading Bird Colony) approx. 1.2 mi SE of site Wading Bird Colony (Wading Bird Colony) approx. 1.9 mi NE of site IR 17962-asy-2018-04-26-14-41-45 Wading Bird Colony (Wading Bird Colony) approx. 2.1 mi E of site 2014025 [Georgia Land Trust], approx. 1.7 mi N of site ALTAMAHA WMA. [Georgia Department of Natural Resources], approx. 0.6 mi SW of FORT KING GEORGE HS [Georgia Department of Natural Resources], approx. 0.2 mi E of site HOFWYL-BROADFIELD PLANTATION HS [Georgia Department of Natural Resources], approx. 2.6 mi S of site Nyssa Mora - (Nyssa aquatica, Taxodium distichum) Tidal Forest (Tidal Hardwood Swamp Forest) approx. 2.6 mi W of site Nyssa Mora - Acer rubrurn var. trilobum - Liriodendr on tulipifera/Ilex coriacea - Lyonia lucida Forest (Sandhills Swamp Blackgum Hillside Seepage Forest) approx. 1.8 mi NW of site Pinus palustris - Pinus serotina /.ilex glabra - Lyonia lucida - (Serenoa repens) Woodland (Wet Longleaf - Pond Pine Flatwoods) approx. 0.6 mi NW of site Pinus palustris - Pinus serotina / Quercus chapmanii - Quercus myrti, folia - Quercus gerninata - Lyonia ferruginea Woodland approx. 1.7 mi N of site Quercus laurifolia / Carpinus caroliniana / Justicia ovata Forest (Diamondleaf Oak Bottomland Forest) approx. 2.1 mi NW of site Quercus virginiana - (Pinus elliottii var. elliottii, SabaZ palmetto) /Persea borbonia Callicarpa americana Forest (Maritime Live Oak Hammock) approx. 1.3 mi NW of site Sabal palmetto - Quercus laurifolia - Quercus virginiana - Magnolia virginiana Ulmus americana Forest (Temperate Hydric Hammock) approx. 2.6 mi N of site Spartina cynosuroides Herbaceous Vegetation (Atlantic Giant Cordgrass Marsh) approx. 0.6 mi SW of site Spartina cynoszrroides Herbaceous Vegetation (Atlantic Giant Cordgrass Marsh) approx. 1.8 mi SW of site Sapelo River (0306020405) [SWAP High Priority Watershed], on site Altamaha River 1 (0307010605) [SWAP High Priority Watershed], approx. 1.2 nu SW of site City of Milton Facility Construction at Providence Park, Fulton County (Site Center: -84.303404,34.108316, WGS84) GA Cambarus-howardi (Chattahoochee Crayfish) approx. 2.8 mi SE of site in an Unnamed Tributary US Etheostoma scotti (Cherokee Darter) ", approx. 2.5 mi NW of site in Chicken Creek Little River, Etowah River, Allatoona Lake (0315010408) [SWAP High Priority Watershed], on site Rentz Playground Rehabilitation, ]Laurens County (Site Center: -82.992378,32.384277, WGS84) Rocky Creek (03 07010210) [SWAP High Priority Watershed], approx. 2.7 mi N of site IR 17962-asy-2018-04-26-14-41-45 Costley Milll Park Enhancement Project, Rockdale County (Site Center: -83.927637,33.708829, WGS84) GA Allium speculae (Flatrock Onion) approx. 0.6 mi SW of site GA Allium speculae (Flatrock Onion) approx. 2.9 mi N of site GA Allium speculae (Flatrock Onion) approx. 0.2 :mi S of site GA Allium speculae (Flatrock Onion) approx. 3.0 mi N of site GA Allium speculae (Flatrock Onion) approx. 1.6 mi W of site GA Allium speculae (Flatrock Onion) approx. 0.3 mi W of site US Amphianthus pusillus (Pool Sprite, Snorkelwort) approx. 0.6 mi SW of site US Amphianthus pusillus (Pool Sprite, Snorkelwort) approx. 2.3 mi S of site US Amphianthus pusillus (Pool Sprite, Snorkelwort) approx. 2.7 mi W of site US Amphianthus pusillus (Pool Sprite, Snorkelwort) approx. 2.2 mi W of site US Amphianthus pusillus (Pool Sprite, Snorkelwort) [EXTIRPATED] approx. 1.7 mi W of site US Amphianthus pusillus (Pool Sprite, Snorkelwort) [EXTIRPATED] approx_ 2.5 mi E of site Amsonia ludoviciana (Louisiana Blue Star) approx. 2.1 mi W of site Amsonia ludoviciana (Louisiana Blue Star) approx. 2.8 mi W of site Amsonia ludoviciana (Louisiana Blue Star) approx. 2.8 mi W of site Amsonia ludoviciana (Louisiana Blue Star) approx. 0.8 mi SW of site Amsonia ludoviciana (.Louisiana Blue Star) approx. 1.8 mi W of site Amsonia ludoviciana (Louisiana Blue Star) approx. 1.7 mi W of site Amsonia ludoviciana (Louisiana Blue Star) approx. 0.1 mi S of site Amsonia ludoviciana (Louisiana Blue Star) approx. 2.7 mi W of site Amsonia ludoviciana (Louisiana Blue Star) approx. 2.9 mi NE of site Amsonia ludoviciana (Louisiana Blue Star) approx. 2.9 mi N of site Amsonia ludoviciana (Louisiana Blue Star) approx. 3.0 mi N of site Amsonia ludoviciana (Louisiana Blue Star) approx. 1.5 mi W of site Amsonia ludoviciana (Louisiana Blue Star) approx. 2.6 mi W of site Amsonia ludoviciana (Louisiana Blue Star) approx. 0.3 mi W of site Anemone berlandieri (Glade Windflower) approx. 2.4 mi NW of site GA Cyprinella xaenura (Altamaha Shiner) approx. 1.2 mi N of site in Big Haynes Creek GA Cyprinella xaenura (Altamaha Shiner) approx. 0.5 mi E of site in Little Haynes Creek GA Cypripedium acaule (Pink Ladyslipper) approx. 2.0 mi S of site GA Draba aprica (Sun -loving Draba) approx. 2.4 mi NW of site GA Draba aprica (Sun -loving Draba) [EXTIRPATED] approx. 1.6 mi NW of site GA Eriocaulon koernickianum (Dwarf Hatpins) approx. 2.8 mi N of site Eurybia avita (Alexander Rock Aster) approx. 2.7 mi W of site Eurybia avita (Alexander Rock Aster) approx. 1.3 mi NW of site Eurybia avita (Alexander Rock Aster) approx. 2.7 mi SE of site Eurybia avita (Alexander Rock Aster) approx. 2.5 mi N of site Eurybia avita (Alexander Rock Aster) approx. 1.8 mi W of site Eurybia avita (Alexander Rock Aster) approx. 1.8 ml W of site Eurybia avita (Alexander Rock Aster) approx. 2.9 mi N of site Eurybia avita (Alexander Rock Aster) approx. 1.4 mi W of site Eurybia avita (Alexander Rock Aster) approx. 2.6 mi NE of site Eurybia avita (Alexander Rock Aster) approx. 1.7 mi NW of site IR 17962-asy-2018-04-26-14-41-45 Eurybia avita (Alexander Rock Aster) approx. 2.9 mi N of site Eurybia avita (Alexander Rock Aster) approx. 2.6 mi W of site Eurybia avita (Alexander Rock Aster) approx. 1.3 mi SW of site Eurybia jonesiae (Piedmont Bigleaf Aster) [HISTORIC] approx. 1.9 mi SW of site Gratiola graniticola (Granite Hedge -hyssop) approx. 1.3 mi SW of site GA Haliaeetus leucocephalus (Bald Eagle) [EXTIRPATED] approx. 2.5 mi N of site US Isoetes melanospora (Black -spored Quillwort) approx. 2.7 mi W of site US Isoetes melanospora (Black -spored Quillwort) [EXTIRPATED] approx. 1.2 mi SW of site Portulaca umbraticola ssp. coronata (Wingpod Purslane) approx. 1.2 mi SW of site GA Sedum pusillum (Granite Stonecrop, Puck's Orpine) approx. 2.6 mi NE of site GA Sedum pusillum (Granite Stonecrop, Puck's Orpine) approx. 1.8 mi W of site GA Sedum pusillum (Granite Stonecrop, Puck's Orpine) approx, 0.2 mi S of site GA Sedum pusillum (Granite Stonecrop, Puck's Orpine) approx. 2.1 mi W of site GA Sedum pusillum (Granite Stonecrop, Puck's Orpine) approx. 2.7 mi NE of site GA Sedum pusillum (Granite Stonecrop, Puck's Orpine) approx. 2.3 mi S of site GA Sedum pusillum (Granite Stonecrop, Puck's Orpine) approx. 1.8 mi NW of site GA Sedum pusillum (Granite Stonecrop, Puck's Orpne) approx. 1.6 mi W of site GA Sedum pusillum (Granite Stonecrop, Puck's Orpine) approx. 2.9 mi N of site GA Sedum pusillum (Granite Stonecrop, Puck's Orpine) on site GA Symphyotrichum georgianum (Georgia Aster) [EXTIRPATED] approx. 2.9 mi W of site Bald Rock [Corps of Engineers], approx. 0.6 mi S of site Bare rockllichens, pd granite outcrop (Granite Outcrop Rock/lichens) approx. 2.5 mi NE of site Herbaceous veg., pd granite outcrop (Granite Outcrop Herb Community) approx, 2.5 mi NE of site Horse Park [Corps of Engineers], approx. 2.3 mi S of site Shrub/scrub veg., pd granite outcrop (Granite Outcrop Shrub/scrub Community) approx. 2.5 mi NE of site Winfield [Corps of Engixleers], approx. 1.6 mi NW of site Yellow River 2 (0307010305) [SWAP High Priority Watershed], on site Yellow River 1, Jackson Lake (0307010306) [SWAP High Priority Watershed], approx. 0.9 mi E of site City of Sugar Hill Gold Mine Park Bridge and Boardwalk, Gwinnett County (Site Center: 84.057600, 34.092343, WGS84) GA Hydrastis canadensis (Goldenseal) approx. 2.6 mi W of site GA Hydrastis canadensis (Goldenseal) approx. 2.6 mi W of site Micropterus cataractae (Shoal Bass) approx. 2.8 mi W of site in the Chattahoochee River Panax quinguefolius (American Ginseng) approx. 2.6 mi W of site GA Schisandra glabra (Bay Star -vine) approx. 2.9 mi W of site GA Veratrum woodii (Ozark Bunchflower) approx. 2.7 mi NW of site GA Veratrum woodii (Ozark Bunchflower) approx. 2.6 mi W of site GA Veratrum woodii (Ozark Bunchflower) [EXTIRPATED?] approx. 2.5 mi W of site GA Waldsteinia lobata (Piedmont Barren Strawberry) [HISTORIC] approx. 2.5 mi W of site Ill 17962-asy-2018-04-26-14-41-45 CHATTAHOOCHEE RIVER GREENWAY [Georgia Department of Natural Resources], approx. 2.2 mi NW of site Chattahoochee River National Recreation Area [National Park Service], approx. 2.5 mi W of site Greenspace program acquisition approx. 1.8 mi NE of site Greenspace program acquisition approx. 2.3 miN of site City of Summerville Fairway Recreation Center Soccer Fields, Chattooga County (Site Center: -85.337293,34.488649, WGS84) GA Cambarus scoff (Chattooga River Crayfish) [HISTORIC?] approx. 0.6 mi SE of site in the Chattooga River Carex purpurifera (Purple Sedge) approx. 2.5 mi E of site Carex purpurifera (Purple Sedge) approx. 2.4 mi SE of site Crataegus calpodendron (Pear Hawthorn) [HISTORIC] approx. 1.1 mi SE of site GA Cypripedium acaule (Pink Ladyslipper) approx. 2.0 mi SE of site US Epioblasma othcaloogensis (Southern Acomshell) [EXTIRPATED] approx. 0.6 mi SE of site US Epioblasma penita (Southern Combshell) [HISTORIC] approx. 0.1 mi S of site in the Chattooga River US Hamiota altilis (Finelined Pocketbook) [MSTORIC] approx. 0.6 mi SE of site in the Chattooga River Lasmigona etowaensis (Etowah Heelsplitter) [HISTORIC] approx. 0.6 mi SE of site in the Chattooga River US Medionidus acutissimus (Alabama Moccasinshell) [HISTORIC] approx. 0.6 mi SE of site in the Chattooga River US Medionidus parvulus (Coosa Moccasinshell) [HISTORIC] approx. 0.6 mi SE of site in the Chattooga River US Myotis grisescens (Gray Myotis) approx. 0.8 mi E of site Panax quinquefolius (American Ginseng) approx. 2.2 mi SE of site Panax quinquefolius (American Ginseng) approx. 2.5 mi SE of site Perimyotis subflavus (Tri -colored Bat) approx. 0.8 mi E of site US Pleurobema georgianum (Southern Pigtoe) [HISTORIC] approx. 0.6 mi SE of site in the Chattooga River US Ptychobranchus foremanianus (Rayed Kidneyshell) approx. 1.4 mi S of site in the Chattooga River US Scutellaria montana (Large -flowered Skullcap) approx. 2.4 mi E of site US Scutellaria montana (Large -flowered Skullcap) approx. 2.3 mi SE of site US Scutellaria montana (Large -flowered Skullcap) approx. 2.8 mi SE of site Stachys nuttallii (Nuttall's Hedge -nettle) approx. 2.1 mi SE of site Stachys nuttallii (Nuttall's Hedge -nettle) approx. 2.3 mi SE of site Stachys nuttallii (Nuttall's Hedge -nettle) approx. 2.5 mi SE of site 2012039 [Georgia Land Trust], approx. 23 mi E of site 2013055 [Georgia Land Trust], approx. 2.3 mi E of site Chattahoochee NF [U.S. Forest Service], approx. 2.0 mi SE of site JAMES H."SLOPPY" FLOYD SP [Georgia Department of Natural Resources], approx. 3.0 mi S of site TR 17962-asy 2018-04-26-14-41-45 Little Armuchee (0315010304) [SWAP High Priority Watershed], approx. 2.5 mi SE of site Teloga Creek (0315010504) [SWAP High Priority Watershed], approx. 2.7 mi N of site Chattooga River (0315010505) [SWAP High Priority Watershed], on site Youth Center Renovation in Talbotton, 'Talbot County (Site Center: 84.548175, 32.690907, WGS84) Lythrurus atrapiculus (Blacktip Shiner) [HISTORIC] approx. 2.2 mi W of site in Scott Creek GA Notropis hypsilepis (Highscale Shiner) [HISTORIC] approx. 1.0 mi SW of site in Edwards Creek Upatoi Creek 2 (0313000302) [SWAP High Priority Watershed], approx. 2.7 mi SW of site City of Varnell Peacock Alley Park Improvements, Whitfield County (Site Center: -84.939449,34.896571, WGS84) Cambarus stockeri (Cocoa Crayfish) approx. 2.7 mi NW of site in Pitner Branch GA Etheostoma trisella (Trispot Darter) approx. 1.7 mi E of site in Coahulla Creek Eurycea aquatica (Brown -backed Salamander) approx. 2.0 mi W of site in Varnell Springs US Hamiota altilis (Finelined Pocketbook) [HISTORIC] approx. 0.7 mi SE of site ,in Coahulla Creek Lasmigona etowaensis (Etowah Heelsplitter) [HISTORIC] approx. 1.3 mi W of site in Spring Creek ` Lythrurus lirus (Mountain Shiner) approx. 1.6 mi NE of site in Coahulla Creels US Pleurobema decisum (Southern Clubshell) [HISTORIC] approx. 0.7 mi SE of site in Coahulla Creek Villosa nebulosa (Alabama Rainbow) approx. 2.1 mi N of site in Pitner Branch Villosa umbrans (Coosa Creekshell) approx. 2.1 mi N of site in Pitney Branch Conasauga River 2 (0315010102) [SWAP High Priority Watershed], approx. 1.7 mi E of site Coahulla Creels (0315010103) [SWAP High Priority Watershed], on site Little Chickamauga Creek (0602000109) [SWAP High Priority Watershed], approx. 2.5 mi NW of site City of Vidalia Recreation Facility Playground Rehabilitation, Toombs County (Site Center: -82.386473, 32.211727, WGS84) GA Balduina atropurpurea (Purple Honeycomb Head) approx. 1.9 mi S of site GA Balduina atropurpurea (Purple Honeycomb Head) approx. 2.8 mi NE of site GA Ceratiola ericoides (Rosemary) [HISTORIC] approx. 2.6 mi NE of site US Gopherus polyphemus (Gopher Tortoise) approx. 0.5 mi N of site GA Sarracenia flava (Yellow Flytrap) [HISTORIC] approx. 1.9 mi SE of site GA Sarracenia flava (Yellow Flytrap) approx. 2.9 mi S of site GA Sarracenia flava (Yellow Flytrap) approx. 1.9 mi S of site IR 17962-asy-2018-04-26-14-41-45 GA Sarracenia flava (Yellow Flytrap) approx. 2.8 mi NE of site GA Sarracenia minor var. minor (Hooded Pitcherplant) approx. 1.9 mi S of site GA Sarracenia minor var. minor (Hooded Pitcherplant) approx.. 2.8 mi NE of site GA Sarracenia psittacina (Parrot Pitcherplant) approx. 2.8 mi NE of site GA Sideroxylon macrocarpum (Ohoopee Bumelia) approx. 1.7 mi SW of site GA Sideroxylon macrocarpum (Ohoopee Bumelia) [HISTORIC] approx. 2.9 mi NE of site Sporobolus teretifolius (Wire -leaf Dropseed) approx. 2.8 mi NE of site GA Sternula antillarum (Least Tern) on site Ohoopee River 1 (0307010705) [SWAP High Priority Watershed], on site Grant Farm )Park Site Development, Whitfield County (Site Center: -85.002892, 34.828765, WGS84) Camassia sedloides (Wild Hyacinth) approx. 1.3 mi S of site GA Crataegzts trijZora (Three -flower Hawthorn) approx:: 1.3 mi S of site Cyprinella spiloptera (Spotfin Shiner) approx. 2.8 mi W of site in East Chickamauga Creek Delphinium tricorne (Dwarf Larkspur) approx. 1.2 mi S of site Delphinium tricorne (Dwarf Larkspur) approx. 2;1 mi S of site Etheostoma.jessiae (Blueside Darter)approx. 2.5 mi W of site in Tanyard Creek GA Etheostoma trisella (Trispot Darter) approx. l.8 mi SE of site in Haig Mill Creek GA Etheostoma trisella (Trispot Darter) approx. 1,9 mi S of site in Mill Creels Lasmigona etowaensis (Etowah Heelsplitter) approx. 2.3 mi N of site in Crow Valley Creek Lasmigona etowaensis (.Etowah Heelsplitter) approx. 0.6 mi E of site in Poplar Spring Creek GA Percina sciera (Dusky Darter) approx. 2.8 mi W of site in East Chickamauga Creek Pleurocera pyrenella (Skirted Hornsnail) approx. 1.9 mi S of site in Mill Creek GA Sabatia capitata (Cumberland Rose -gentian) approx. 2.8 mi N of site US Scutellaria montana (Large -flowered Skullcap) approx. 1.0 mi S of site US Scutellaria montana (Large -flowered Skullcap) approx. 1.7 mi S of site Stachys nuttallii (Nuttall's Hedge -nettle) approx. 1.3 mi S of site Trillium lancifolium (Lanceleaf Trillium.) approx. 2.7 mi SE of site Triosteum ang-ustifolium (Narrowleaf Wild Coffee) approx. 2.0 mi S of site Triosteum angitstifolium (Narrowleaf Wild Coffee) approx. 1.3 mi S of site Greenspace program acquisition on site Coahulla Creek (0315010103) [SWAP High Priority Watershed], on site Little Chickamauga Creek (0602000109) [SWAP High Priority Watershed], approx. 1.1 mi NW of site City of Woodstock Rubes Creek Trail Restroom Facility, Cherokee County (Site Center: -84.510160, 34.098055, WGS84) GA Hybopsis lineapunctata (Lined Chub) approx. 1.9 mi N of site in Little River Solidago porteri (Porter's Goldenrod) approx. 2.8 mi NW of site IR 17962-asy-2018-04-26--14-41-45 Lake Allatoona [Corps of Engineers], approx. 0.4 mi NE of site Greenspace program acquisition [county], approx. 0.4 mi S of site Little River, Etowah River, Allatoona Lake (0315010408) [SWAP High Priority Watershed], on site Worth County Recreation Park Kick-off, Worth County (Site Center; -83.825518, 31.541765, WGS84) GA Balduina atropurpurea (Purple Honeycomb Head) approx. 1.9 mi W of site Drosera tracyi (Tracy's Dew -threads) [HISTORIC] in an uncertain location near the project site Lampsilis straminea (Southern :Fatmucket) [HISTORIC] approx. 2.7 mi SE of site in Warrior Creek GA Macranthera flammea (Flameflower) [HISTORIC] approx. 2.3 mi W of site GA Sarracenia flava (Yellow Flytrap) [HISTORIC] approx. 2.3 mi W of site GA Sarracenia flava (Yellow Flytrap) [HISTORIC] approx. 2.6 mi SE of site GA Sarracenia minor var. minor (Hooded Pitcherplant) [HISTORIC] approx.. 2.3 mi W of site GA Sarracenia minor var. minor (Hooded Pitcherplant) [HISTORIC] approx. 1.4 mi N of site GA Sarracenia psittacina (Parrot Pitcherplant) [HISTORIC] approx. 2.6 mi SE of site Flint River Middle 1 (0313000609) [SWAP High Priority Watershed], approx. 2.3 mi NW of site General Recommendations: Several protected species have been surveyed within or in the near vicinity to the project areas. All records are listed on a project basis above. To minimize potential impacts to these or other federally listed species, we recommend consultation with the United States Fish and Wildlife Service. To assist in this process, this review is being forwarded directly from the Nongame Conservation Section of GA DNR to Robin Goodloe and Tamara Johnson in the Athens office (GAES_Assistance@fws.gov). Surveys for species of conservation concern should be conducted prior to commencement of construction if appropriate habitat is present. Thank you for the opportunity to review the FY 2018 Land and Water Conservation Fund Grant Applications. Upon review of the projects, we feel that it is not likely that construction at any of the sites will negatively impact rare species or habitats. Please use best management practices when completing the project. Disclaimer: Please keep in mind the limitations of our database. The data collected by the Nongame Conservation Section comes from a variety of sources, including museum and herbarium records, literature, and reports from individuals and organizations, as well as field surveys by our staff biologists. In most cases the information is not the result of a recent on-site survey by our staff. Many areas of Georgia have never been surveyed thoroughly. Therefore, the Nongame Conservation Section can only occasionally provide definitive information on the presence or IR 17962-asy-201'5-04-26-14-41-45 absence of rare species on a given site. Our files are updated constantly as new information is received. Thus, information provided by our program represents the existing data in our files at the time of the request and should not be considered a final statement on the species or area under consideration_ If you know of populations of highest priority species that are not in our database, please fill out the appropriate data collection form and send it to our office. Forms can be obtained through our web site _ 3e ,, _r:cern-ra — low_ . s or by contacting our office. 7f T can be of further assistance, please let me know. Sincerely, Anna Yellin Environmental Review Coordinator Data Available on the Nongame Conservation Section Website o Georgia protected plant and animal profiles are available on our website. These accounts cover basics like descriptions and life history, as well as threats, management recommendations and conservation status. Visit 1-,: to �`; ':o se7- otk-. . i ?.> ot!':ct nccrs`7 rare -I"C i'0 n3. Rare species and natural community information can be, viewed by Quarter Quad, County and HUC8 Watershed. To access this information, please visit our GA Rare Species and Natural Community Data Portal at: �sub.k-, n2,1!- ll a o Downloadable files of rare species and natural community data by quarter quad and county are also available. They can be downloaded from: _ .. ,t.a. '_. _; -r_.€ ,,,';. IR 17962-asy-2013-04-26-14-41-45 Richard. E. Duran, Director GEORGIA Watershed Protection Branch DEPARTMENT OF NATURAE. RESOURCES Nonpoint Source Program Floodplain Unit VIRON N-EAL PROTE 0 DIMSION z Martin Luther King, Jr. Drive Suite 1152, East Tower Atlanta, Georgia 30334 FLOODPLAIN ENCROACHMENT REVIEW To Antoinette Norfleet Grants Program Director 2600 Highway 155 SW Stockbridge, GA 30281 Email:. �lioal?else Torfleet'Eicirlr. ja.c PROJECT NAME: Providence Park Restroom COUNTY: Fulton COMMUNITY`. City of Milton LOCATION: The facilities will be constructed on the open land north of the existing parking lot of the Providence Park BRIEF PROJECT DESCRIPTION: City of Milton is proposing to construct a set of permanent restroom facilities in Providence Park. APPLICANT: GA DNR -Department of Administrative Service APPLICATION DATED; 03/08/2018 APPLICATION RECEIVED: 04/11/2018 SFHA* ENCROACHMENd No EFFECTIVE PANEL(S): 13121C0056F (Effective Date: 09/18/2013) FLOOD RISK ZONE(S); X tisvviv.2eoruiadlirm.com PRELIMINARY PANEL(S): 13121CO056G (Issue Date: 06/15/2017) FLOOD RISK ZONE(S): X i�Etns:',"znc.lb�za<z.no�. �rrui LETTER OF MAP CHANGE (S): N/A FLOOD RISK ZONE(S): N/A City Engineer WATERSHED(S): Etowah (8 Digit HUC: 03150104) COMMUNITY CONTACT: Address: 2006 Heritage Walk, Milton, GA 30004-6119 Tel: (678)242-2500 From inspection of the effective Flood Insurance Rate Maps (FIRMS) developed by the Federal Emergency Management Agency (FEMA), there appears to be adequate space to site the proposed project outside of the Special Flood Hazard Area (SFHA), in Zone X (unshaded), an area of minimal flood hazard. However, it should also be noted that the proposed project site is located close to the SFHA, Zone AE, an area inundated by the 1% annual chance flood. A Floodplain Snapshot Map showing the designated floodplain impacts in the vicinity of the project location, accompanied by the relevant extract of FEMA's FIRMS are attached. It should be noted that Preliminary Maps have been issued for the watershed, which proposes an increase in the expanse of the SFHA near the project site. There is a mandatory, process to be followed before the preliminary (proposed) maps are adopted. For example, there has to be a Federal Register publication notifying of the proposed flood hazard determinations, a formal Appeal Period (90 -day) and a quality review process. Our best estimate at this time is that the preliminary (proposed) maps would be adopted in the summer of 2019, COMMENTS: For facilities located within or close to the SFHA, the implementation of project work should consider the floodplain management criteria outlined in 44 CFR 60.3, including no -rise provisions, and all applicable ordinances of the local jurisdictions (please refer to the community contact listed above for details) that govern development within the SFHA. Some practical considerations would be to: (i) In project design, consider siting new facilities on portions of the site located outside of the SFHA (ii) Use flood resistant material for portions of facilities below the computed base flood elevation (BFE); (iii) Consider waterproofing and/or elevating above computed BFE (where possible) sanitary sewer manholes and other appurtenances to reduce inflow and infiltration; (iv) Elevate new construction above computed BFE or flood proof (make watertight) to that elevation; and (v) Elevate facility utility systems including ducting, electrical panels etc., above the computed BFE or flood proof to that elevation P!_note that this response addresses issues related specifically @�hpo+bl Aothproject m&6pliathe area. Prepared By: Tianl§km Telephone: (04%65!-k E_m - Signature: »: n» 0/!0/92018 *Special F!«Hazard Area Attachments: Floodplain Snapshot e : a . 2 � ,■!.■_ e !�| t \ � — ;����x<�. . � � . » .- :- `� .. � • . Floodplain Snapshot 1 V-- !i W Q O 111 O - .1 w 1L �U w00 c, Z O J 61.1 _� e U c Y W aZ CL z < v C 1 r = O L ui c Z C C r LL O n i u E Q O J L Ib n pg u. W - �- % 7S • > >)OT�r4A]p 1 V-- !i W FEMA FIRM Preliminary Extract, Effective Map r 111 O - .1 o°per �U w00 c, ZN dY� c 11.E QP Qm ct Eca t _c i• ui c • A, � u E W _• fn v `i �- % 7S • Z cu I� FEMA FIRM Preliminary Extract, Effective Map r 111 O - o°per �U w00 c, ZN dY� c 11.E QP Qm ct Eca t _c Z0t ui c c E t c � u E W _• fn v �- % 7S Z cu I� FEMA FIRM Preliminary Extract Printing issue affecting map legend in new FIRM format to be addressed by FEMA ADEI Vb.. RIGENTORGIA DEPARTMEOF NATURAL RESOURCES HISTORIC PRESERVATION DIVISION MARK WILLIAMS COMMISSIONER MEMORANDUM TO: Jim Cregge City of Milton 2006 Heritage Walk Milton, Georgia 30004 FROM: Jennifer Dixon Environmental Review Program Manager Historic Preservation Division RE: Finding of "No Historic Properties Affected" ' PROJECT: LWCF: Construct Restrooms, Providence Park, 13440 Providence Park Drive, Milton Federal Agency: NPS HP -180323-015 COUNTY: Fulton DATE: April 11, 2018 DR. DAVID CRASS DIVISION DIRECTOR The Historic Preservation Division (HPD) has reviewed the information received concerning the above -referenced project. Our comments are offered to assist federal agencies and their project applicants in complying with the provisions of Section 106 of the National Historic Preservation Act, as amended. Based on the information submitted, HPD has determined that no historic properties that are listed or eligible for listing in the National Register of Historic Places will be affected by this undertaking, as defined in 36 CFR Part 800.4(d)(1). Please note that historic and/or archaeological resources may be located within the project's area of potential effect (APE). However, at this time it has been determined that they will not be impacted by the above -referenced project, due to the scope and location of work. Furthermore, any changes to this project as proposed will require further review by our office for compliance with Section 106. Please refer to the project number assigned above in any future correspondence regarding this project. if we may be of further assistance, please do not hesitate to contact me at (770) 389-7851 or Jennifer.dixon@dnr.ga.gov. cc: Allison Duncan, Atlanta Regional Commission Antoinette Norfleet, DNR JENVETT CENTER FOR HISTORIC PRESEPNWTION 2610 GA HWY 155, SIV I STOCKBRiDGE, GA 30251 770.389.7844 1 LVX 770.389.7878 1 %N%VWGEORGIASI-IPO.ORG 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 LAND AND WATER CONSERVATION FUND 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 October 16, 2017 the City adopted a resolution authorizing the filing of a project application for a grant for financial assistance to construct rest rooms 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, which will include installation of self-composting toilets and waterless urinals, vegetative roof systems, solar powered lighting, bioswales, and an educational component; 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 attached Agreement, including all understandings and assurances contained therein, are hereby approved, and the Mayor is hereby authorized to execute the Agreement. 3. 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 5th day of November, 2018. _________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk Seal STATE OF GEORGIA COUNTY OF FULTON CERTIFICATE I, Sudie Gordon, do hereby certify that I am City Clerk for the City of Milton, Georgia. As such, I keep its official records, including its minutes, and in that capacity do certify that the attached Resolution, Number ___________________, was approved during the November 5, 2018 City Council meeting. I further certify that the foregoing two (2) pages constitute a true and correct copy of the Resolution, and the original of said Resolution is on file at the offices of the City Clerk. Given under my hand and the Seal of the City of Milton, Georgia, this _____ day of __________, 2018. ____________________________________ Sudie AM Gordon City Clerk, City of Milton (City Seal) MILTON%r TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: October 30, 2018 Steven Krokoff, City Manager Q) Consideration of Subdivision Plats - NEW BUSINESS Monday, November 5, 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 (,VIVO APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: '► I L11P11rG () NOT APPROVED 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: Carter Lucas, Interim Community Development Director Date: Submitted on October 30, 2018 for the November 5, 2018 Regular Council Meeting Agenda Item: Consideration of Subdivision Plat 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 Kingsley Estates Phase 1 – Unit 3A final plat described herein consists of 9 lots to be created in the Kingsley Estates Subdivision located on Birmingham Highway. The total area contained in this plat is 12.147 acres and the size of the lots range from 1.0 acres to 1.2 acres. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager New Business Plats Staff Memo Page 2 of 7 Attachment(s): Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Kingsley Estates Ph1 Unit 3A Land Lot 266 & 311 Quayside Dr. & Bodium Ct. Final Plat 9 Lots 12.14 .74 Lots / Acre New Business Plats Staff Memo Page 3 of 7 New Business Plats Staff Memo Page 4 of 7 New Business Plats Staff Memo Page 5 of 7 New Business Plats Staff Memo Page 6 of 7 New Business Plats Staff Memo Page 7 of 7