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Agenda Packet - CC - 11/19/2018
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 Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, November 19, 2018 Regular Council Meeting Agenda 6:00 PM INVOCATION – Pastor Jerry Dockery, Crabapple First Baptist Church, Milton, Georgia 1) CALL TO ORDER 2) ADMINISTER OATH OF OFFICE TO ELECTED OFFICIAL (Sworn in by Chief Municipal Judge Brian Hansford) Councilmember-Elect Carol Cookerly 3) ROLL CALL 4) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 5) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 18-311) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 19, 2018 Page 2 of 4 6) PUBLIC COMMENT (General) 7) CONSENT AGENDA 1. Approval of Contract Amendment between the City of Milton and Safebuilt Georgia, LLC. (Agenda Item No. 18-303) (Moved to the November 19, 2018 City Council Meeting by Motion and Vote at the November 5, 2018 City Council Meeting under Approval of Meeting Agenda) (Carter Lucas, Assistant City Manager) 2. Approval of a Contract between the City of Milton and Wanna Play Baseball, Inc., dba WPB Concession for the Provision of Certain Concession Stand Operations. (Agenda Item No. 18-312) (Jim Cregge, Parks & Recreation Director) 3. Approval of an Agreement between the City of Milton and AT&T for FirstNet Wireless Communication Services. (Agenda Item No. 18-313) (David Frizzell, IT Manager) 4. Approval of an Agreement with Axon Enterprises, Inc. for the Purchase of Electronic Control Devices (Tasers) for the Milton Police Department. (Agenda Item No. 18-314) (Rich Austin, Police Chief) 8) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Milton Investment Program/Pathway LLC created by Austin Braverman, Jordan Wainscott and Luke Aumur. (Mayor Joe Lockwood) 9) FIRST PRESENTATION (None) 10) PUBLIC HEARING (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 19, 2018 Page 3 of 4 11) ZONING AGENDA 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) (First Presentation at November 5, 2018 City Council Meeting) (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) (First Presentation at November 5, 2018 City Council Meeting) (Carter Lucas, Assistant City Manager) 12) UNFINISHED BUSINESS (None) 13) NEW BUSINESS 1. Consideration of a Resolution Adopting the 2019 City of Milton City Council Regular Meeting and Work Session Schedule. (Agenda Item No. 18-315) (Sudie Gordon, City Clerk) 2. Consideration of the Removal of Allegiance Sanitation from the List of Approved Solid Waste Haulers for the City of Milton Due to Non-Compliance with the Ordinance. (Agenda Item No. 18-316) (Bernadette Harvill, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 19, 2018 Page 4 of 4 3. Consideration of a Resolution Declaring the Results of the November 6, 2018 Election. (Agenda Item No. 18-317) (Ken Jarrard, City Attorney) 14) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Police 2. Information Technology 3. Parks and Recreation 15) EXECUTIVE SESSION (if needed) 16) ADJOURNMENT (Agenda Item No. 18-318) M MILTON'S ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2018 FROM: Steven Krokoff, City Manager C) AGENDA ITEM: Approval of Contract Amendment between the City of Milton and Safebuilt Georgia, LLC. MEETING DATE: Monday, November 19, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: Q4PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (),YES (J NO CITY ATTORNEY REVIEW REQUIRED: ( k'rES () NO APPROVAL BY CITY ATTORNEY: ,(APPROVED () NOT APPROVED PLACED ON AGENDA FOR: It) a i l tole 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, Assistant City Manager Date: Submitted on November 7, 2018 for the November 19, 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, November 5, 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 performing the Work rendered in connection with this Agreement. To the extent arising from the intentional or negligent acts or omissions of Consultant, 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 third-party 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 (i) the Work, (ii) performance of contracted services, or (iii) 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 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 copies 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: _________________________ TO: FROM: MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 14, 2018 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Contract between the City of Milton and Wanna Play Baseball, Inc., dba WPB Concession for the Provision of Certain Concession Stand Operations. MEETING DATE: Monday, November 19, 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: (.-jIES () NO CITY ATTORNEY REVIEW REQUIRED: (,�lfES () NO APPROVAL BY CITY ATTORNEY: V"APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 1011)201% 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, Director of Parks and Recreation Date: Submitted on November 13, 2018 for the November 19, 2018 Regular Council Meeting Agenda Item: Approval of a Contract Agreement between the City of Milton and Wanna Play Baseball, Inc. for the Concession Stand Operations at Bell Memorial Park. ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Contract Agreement between the City of Milton and Wanna Play Baseball, Inc. for the Concession Stand Operations at Bell Memorial Park. Executive Summary: When Bell Memorial Park was reopened in the fall of 2015, a competitive RFP process was used to select Wanna Play Baseball, Inc (WPB) as the concession stand operator. The contract ran through the end of 2016 and there were two one year renewal options which were executed. That contract expires December 31, 2018. A competitive RFP process was conducted this fall to award another one year contract with two annual renewal options. Through that process, WPB was again selected to be the concession stand operator. WPB has been a great partner to work with and routinely assists the City by helping visitors who have questions about the park or contacting us when there are problems which they cannot resolve. Funding and Fiscal Impact: Wanna Play Baseball, Inc. will present a commission of 3% on gross sales to the City. Alternatives: The Program Partners have no interest in running the concession stand. The only alternative would be to re-bid this. Legal Review: Sam VanVolkenburgh – Jarrard & Davis, October 23, 2018 Concurrent Review: Steven Krokoff, City Manager Attachment(s): 1) Concession Stand Contract. HOME OF a LTL1��N E STABLIS1 11 D 2M, This Agreement (the "Agreement") is made and entered into this — day of 2018 (the "Effective Date"), by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council (hereinafter referred to as the `"City " ), and Wanna Play Baseball, Inc. dba WPB Concessions, a Georgia corporation with its principal place of business located at 101 Country Acres Ln, Canton GA 30115 (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, the Contractor desires to provide certain concession stand operations at Bell Memorial Park, and WHEREAS, in exchange for the City authorizing Contractor to provide such concession stand operations at Bell Memorial Park and keep a percentage of the revenues obtained from such operations, the Contractor has agreed to provide the City with a percentage of such revenues; and WHEREAS, the Contractor has represented that it is qualified by training and experience to provide the Work described in this Agreement related to concession stand operations at Bell Memorial Park; and WHEREAS, the Contractor desires to perform the Work under the terms and conditions set forth in this Agreement; and WHEREAS, the public interest will be served by this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, together with other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutuallyagree as follows: 1 0 1. Scope of Work and Consideration. In consideration for the City authorizing Contractor to provide concession stand operations at Bell Memorial Park and keep a portion of the revenues obtained from such operations, the Contractor has agreed to provide the Work described below and pay the City a Commission (as defined below) under the terms provided, herein. a. The Work. C ' ontractor shall provide concession stand operations at Bell Memorial Park, located at 15245 Bell Park Drive, Milton, GA 30004, as described in the Request for Proposals,. attached hereto as Exhibit "A" and incorporated herein by reference, and the Contractor's Proposal, attached hereto as Exhibit "B" and incorporated herein by reference. The Contractor shall only use the concession stand facilities identified by the City, and the Contractor must comply with the following requirements in its operation of the concession stands at Bell Memorial Park: i. The Contractor is authorized for the Term of this .Agreement to sell in the concession only high quality food, beverage and miscellaneous items (including but not limited to burgers, hot dogs, chicken, sausages, BBQ, sundry items, novelties and candy) that are approved for sale by the Parks and Recreation Director or his/her designee. No seeds of any kind, including but not limited to sunflower seeds and pumpkin seeds, will be allowed for sale. No alcoholic beverages will be allowed for sale. Pursuant to O.C.GA § 50-5-81, the parties acknowledge that no goveirmient funds are being used to purchase any beef products. ii. The City reserves the right to monitor all concession prices, so as to ensure that patrons are not overcharged. The Contractor will submit a list of items and prices to be reviewed and approved by the Parks and Recreation Director or his/her designee. TI -ie pricing of each food, beverage or miscellaneous item specified is to remain firm for a one-year period, and, following such one-year period, any changes to such pricing must be approved in writing by the City. The pricing must stay within the local market pricing and may not vary and/or change due to special activities scheduled throughout the year, iii. Various equipment owned by the City is available for use from time to time if the Contractor so desires. If. Contractor wishes to use such equipment, Contractor must contact the City to determine what equipment is available. If the Contractor chooses to use any of the City's equipment, Contractor shall do so at its own risk, and any damages are the responsibility of the Contractor (except for standard wear and tear). It is the responsibility of the Contractor to use equipment provided by the City in a responsible and careful manner and to provide any additional equipment required to complete the Work and provide the services associated with the concession stand operations. Any supplies or equipment left at the park by the Contractor will be the responsibility of the Contractor. The City shall not be responsible for tiny lost, stolen, or broken equipment or supplies. iv. The Concession Stand will be kept clean by the Contractor, including, but not limited to, cleaning the concession stand interior after each use and properly disposing of trash at least once each day and as required to maintain a clean operating environment. v.Contractor will be responsible for scheduling staff, stocking concessions and maintaining the security of the stand with lights out at the end of daily operations. vi.Contractor will limit its access of the concession stand facility to the designated hours of operation specified by the City and shall provide sufficient staff to work the stand during operating hours. The Contractor shall have appropriate personnel available for the operation of the concession stand in order to provide reasonable and adequate service at all times called for by the schedule of hours stipulated in this Agreement below, as such schedule may be updated from time to time by the City. The Parks and Recreation Director or his/her designee reserves the right to have the Contractor add additional staff at the Contractor's sole expense. The Parks and Recreation Director or his designee, will review from time to time the Contractor's staffing levels to determine if patron demand is being met efficiently. If not, the Contractor will be required to increase its staff as specified by the City. vii. Contractor agrees to obtain all necessary licenses or certificates to provide the Work and to abide by all applicable laws, rules, regulations and ordinances as they relate to use of park property, including the use of tobacco products and alcoholic beverages. The Parties acknowledge and agree that, in compliance with health and fire code standards, the Contractor shall not cook anything in the concession stand building. viii. Contractor is responsible for all damages and cost of all repairs in the concession area that are attributed to its use or operation of such concession stand facilities by Contractor. ix. Contractor must open the concession stand for all tournaments and regular season games (including, but not limited to, playoffs and make up games) scheduled by the City of Milton Parks and Recreation Department. The Contractor is encouraged but not required to be open for practices during the week. x. Contractor is forbidden to change any concession stand locks without the written permission of the Director of Parks and Recreation and/or his designee. xi. The Coca-Cola Company is the approved beverage vendor for concessions within Bell Memorial. Park. Therefore, Contractor must act in accordance with the terms set forth by the contract between the City of Milton and The Coca- Cola Company and all of The Coca-Cola Company's subsidiary and affiliated companies. All Coca-Cola Company products to be sold at the Bell Memorial Park concession stands must be purchased by the City from The Coca-Cola Company, and the Contractor must reimburse the City for the cost of to purchase such products. Once the City has been reimbursed for the cost to purchase such products, the Contractorn-Lay then sell the products and retain any profit of such sale less any Commission provided for in this Agreement. Ordering of Coca-Cola Company products will be coordinated between the Conti -actor and the Parks and Recreation Director or his/her designee. xii. The Contractor is perinitted to have non -Coca-Cola brand water stored in the City's refrigerator (not the Coca-Cola coolers) for distribution at low or no cost only to game officials (umpires and referees). xiii. The Contractor's use of equipment, food, beverage or sundry products shall be at the Contractor's own risk. The City shall not be liable for any damage or loss of such equipment, food, beverage or sundry products, unless such damage or loss occurs as a direct result of actions of the City, a City employee, or authorized agent of the City. xiv. Any sub -contracting of the Contractor's responsibilities under this Agreement must be pre -approved by the City of Milton Parks and Recreation Department in writing. Further, any such subcontractors (whether companies, groups or individuals, etc.) must agree to all terms set forth in this Agreement before providing any of the Work described herein. xv. Currently, there are no vending machines in operation in Bell Memorial Park, and Contractor may not place any vending machines for use in the park. xvi. The Contractor shall be responsible for the collection of sales tax and distribution of the tax to the State of Georgia. xvii. Contractor shall comply with the City's policy regarding criminal background screening and cause background checks to be performed on all concession stand employees (including but not limited to employees and subcontractors) who are 18 years of age and older. The City will furnish the Contractor with a background release form for all the Contractor's employees or subcontractors, and a background search of such employees or subcontractors shall be completed at the Contractor's expense. A Consent and Release Form to conduct a criminal background check must be executed by any of the Contractor's employees or subcontractor's employees, such form authorizing the City to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the City in its sole and complete discretion, and the City may reject any individual from participating in any program based upon such result. If the Contractor has recently had a back -round screening conducted by another government agency, the City, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. Contractor and its employees and subcontractors must also execute a Waiver and Release of Liability holding the City harmless related to the background check. xviii. The City will provide no storage space to the Contractor, unless otherwise agreed upon in. writing by the Parties. Notwithstanding the foregoing, the City hereby expressly agrees to allow the Contractor to store materials, product and supplies inside the concession stand so long as such materials, product and supplies are associated with the Work to be completed under this Agreement and are stored in a safe and secure manner. xix. The Contractor shall inspect the premises and equipment offered to it by the City for its use in providing the Work contemplated under this Agreement, and, if it finds anything wrong with the premises or equipment, the Contractor shall notify the City immediately. If the issue cannot be corrected promptly so as to provide a safe premises and equipment to complete the Work for a given event, the City may cancel or relocate Contractor's services for that event, as the City deems necessary it its sole discretion. xx. Contractor shall provide the following: i. Contact person for notification of any cancellations and/or rescheduled events. ii. Cleaning supplies to maintain the concession stand, iii. A point of sale terminal. iv. Credit card transaction processing capability. b. City Responsibilities. The City shall provide the following items for use by the Contractor in its operation of the Bell Memorial Park concessions stands during the Term of this Agreement: i. One propane grill for cooking purposes, which grill must be located and remain outside the concession stand. ii. Propane for cooking purposes. iii. The Coca-Cola Company contract and coolers. iv. Water service to the concession stand, electricity and data connectivity. c. Commission. For each and every month during the Term of this Agreement, the Contractor agrees to pay the City the sum of 3% of Contractor's gross revenues (the "Commission") from concession stand sales during that calendar month. Under no circumstances shall the City be responsible for any monetary payment to Contractor under this Agreement. Contractor shall be entitled to any and all other revenues obtained from concession stand sales in excess of the Commission described above. 2. Limitation of Promotional Activities. The City must approve any promotional material, flyers, and posters advertising the Contractor or its concession activities. Further, the Contractor shall not promote its or any other privately owned business in the park or solicit any participant in a City activity for any privately owned business. The Contractor may not use park facilities to conduct any personal business. 3. Reservation of Rights Related to Certain Activities at the Park. The City reserves the right to regularly run a farmers market at Bell Memorial Park, The City also reserves the right to bring in other vendors, including but not limited to food trucks, for special events, which special events may include but shall not be limited to movies in the park. The City shall provide Contractor at least seven (7) calendar days advance notice of these occasions when additional vendors will be brought into the park. The Contractor may participate in such occasions at its sole discretion, and the Contractor's choice to decline to participate in a special event is not a cause for termination of this Agreement. 0 a. Schedule of Operations. i. The Projected Schedule of Activities -(also referred to as "Typical Active Seasons") is as follows: i. Typical Active Spring Season begins February I_ Practices or games for baseball and lacrosse typically run from 5:30 PM until 9:30 PM Monday through Friday. Games run on Saturdays typically between 9:00 AM until 5:00 PM. Baseball is typically active on Sundays from 1:00 PM until 7:00 PM. The typically active spring season ends around Memorial Day. ii. Typical Active Summer Season begins June 1. Baseball All Stars and Travel teams continue to practice and have occasional games. The possibility of a tournament or two exists at this time. Baseball has activity Monday through Thursday from 5:30 PM until 9:30 PM. Typically on the weekends, the park is open as the teams travel to their tournaments. The typically active summer season ends in mid-July. Concession operations during this time is at the sole discretion of the Contractor. iii, Typical Active Fall Season begins July 15. Football starts in mid-July with practices in the evenings during the week. Baseball and Lacrosse start up in mid-August and follow a similar schedule as the spring. The typically active fall season ends in mid-November. ii. Concession operations also will include any special events such as tournaments and community activities. A tentative schedule of events projected to occur in 2019 will be supplied to the selected Contractor when it is available. b. Cancelation of Events. Due to weather and/or unseen circumstances, some events may be cancelled. In event of a cancellation, the City will attempt to notify the Contractor's point of contact ahead of time. In the event the notification is not provided, the Contractor is still required to show up. Any cost incurred to the Contractor due to a cancellation is not the responsibility of the City. 4. Term. This Agreement shall commence upon the City delivering to Contractor a written "Notice to Proceed" and shall continue until December 31, 2019; provided that the Term of this Agreement may be extended for two additional one (1) year periods upon written agreement of the Parties at least ninety (90) days prior to expiration of the then -current Term. The Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1. of each subsequent calendar year absent the City's provision of written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property shall remain in Contractor until fully paid for by the City. 5. Termination. The City shall have the right to terminate this Agreement for convenience or for cause by providing written notice thereof at least five (5) calendar days in advance of the termination date. Further, the City shall have the right to terminate this Agreement immediately upon any willful, reckless, or grossly negligent act or omission by the Contractor or any of its officers, employees or subcontractors. The Contractor shall have no right to terminate this Agreement prior to expiration of the then -current Term. Upon termination or expiration of this Agreement, Contractor shall provide payment to the City of any Commission due up to the termination date. The rights and remedies of the City and Contractor provided in this paragraph d are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Any deficiencies by either party in compliance with the terms of this Agreement and that are not deemed to be willful, reckless or grossly negligent, shall be remedied within ten (10) business days of that party receiving notice of such deficiencies from the other party hereto. 6. Indemnification. The Contractor covenants and agrees to take and assume all responsibility for the Work provided in connection with this Agreement. Contractor shall defend, indemnify and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder, This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indenu-iified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Inden-u-iffied Partv(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. 7. Insurance Requirements. (A) Requirements: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (B) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and lin-dts no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence 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. If a general aggregate limit applies, the general aggregate limit shall be at least twice the required occurrence limit. (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. (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. No individuals associated with Contractor (Proprietor/Partner/ Executive/ Officer/ Member/ etc.) may be excluded from coverage. If, notwithstanding this provision, individuals are excluded, those individuals are strictly prohibited from performing the Work. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under. the Georgia Workers' Compensation Act.) (C) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Contractor; self-insured retentions should be included on the certificate of insurance. (D) 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. W Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, contractors, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, leased, or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Contractor's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance. pro-vided. (v) Defense Costs/ Cross Liability. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Contractor for City. (vii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Contractor under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (b) Workers' Compensation Coverage. The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Contractor for City (c) All Coverages. (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) If higher limits are maintained by Contractor than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Contractor. (E) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Comn-dssioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an. A.M. Best Policyholder's rate of no less than "A-" and with a financial rating of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the prescribed form, (F) Verification of Coverage: Contractor shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (G) Contractor's Duty to Provide Notice of Reduction in Coverage: Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Contractor shall require the same notice to the City in all subcontractor contracts. (H) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in. this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (1) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (J) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers•' Compensation Policy. (K) Progress Payments: The making of progress payments to Contractor shall not be construed as relieving Contractor or its subcontractors or insurance carriers from providing the coverage required in this Agreement. 8. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing in this Agreement shall be construed to make the Contractor or any of its employees, servants, or subcontractors an employee, servant or agent of the City for any purpose. TI -ie Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractor, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. 9. Business License. Prior to commencement of the Work to be provided hereunder, Contractor must obtain a business license, pay the applicable business license fee, and maintain said business license during the term of this Agreement, unless Contractor provides evidence that no such license is required. 10. Change Order. All changes to the terms of this Agreement shall be incorporated in written change orders executed by the City and Contractor. Any change order shall be executed under all the applicable conditions of this Agreement. 11. Assignment. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. 12. Records. Books, records, documents, account ledgers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by Conti -actor in accordance with requirements prescribed by the City and applicable law. Upon request, the Contractor shall furnish to the City any and all Records related to matters covered by this Agreement in the form requested by the City. The Conti -actor will permit the City or City's representative (s) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. 13. Notices. All communications relating to the day-to-day activities of the Work shall be exchanged between Jim Cyegge or his designee for the City and Brenda Cormier for the Contractor. 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 Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City of Milton Attn: City Manager 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE CONTRACTOR shall be sent to: Brenda Cormier Wwina Play Baseball, Inc. 101 Country Acres Ln Canton, GA 30115 14. Waiver. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the tern -is and conditions of this Agreement shall constitute a general waiver of arty future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 15. E -Verify. Pursuant to O.C.G.A. § 13-1.0-91, the City shall not enter into a contract for the physical performance of services unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E - Verify program to be sworn under oath under criminal penalty of false swearing Pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 130-10-91, and that they will continue to use the federal work authorization program throughout the contract period. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "l)", which subcontractor affidavit shall become part of the contractor/ subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Contractor agrees that the employee -number category designated below is applicable to the Contractor. 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 16, Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, the Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, the Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 17. Contractor's violation of any term set forth in this Agreement may result in the loss of concession privileges and the termination of this Agreement. 18. Agreement Construction and Interpretation. Contractor represents that it has reviewed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. This Agreement shall be read in conformity with and to comply with the City's agreement with The Coca-Cola Company. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 19. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. This Agreement must be executed by both Parties and on file with the City of Milton Parks and Recreation Department prior to Contractor operating the concession stand under this Agreement. 20. Entire Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. 21. 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, provided that no Party may assign this Agreement without prior written approval of the other Party. 22. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. 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, and Contractor submits to the jurisdiction and venue of such court. 23. Severability. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in. full force and effect to the extent possible, as the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable. 24. Force Majeure. Neither the City nor Contractor shall be liable for their respective non - negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control, (b) any act of God, (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONTRACTOR; (f) delay or failure to act by any governmental or military authority; or (g) 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. 25. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services herein. Contractor and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, reconu-nendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. IN WITNESS WHEREOF the City and the Contractor have executed this Agreement, which is effective as of the Effective Date provided above. Attest/Witness: Signat Print T Title: CONTRACTOR: Warena Play Baseball, Inc. Signature:• Print Name: Title: President/ Vice President (Corporation) (Assistant) Signature: Print Name: Title: City Clerk City Attorney [CORPORATE SEAL] (required if corporation) if corporation) By: Joe Lockwood, Mayor [CITY SEAL] No Text �t ESTABLISHED 20W6 CITY OF MILTON REQUEST FOR PROPOSALS (THIS IS NOT AN ORDER) RFP Number: RFP Title: Milton Parks & Recreation Concession Operations for 18-PRO1 Bell Memorial Park Due Date and Time: October 4, 2018 Fax: 678-242-2499 Local Time: 2:00 pm EST Number of Pages: 42 ISSUING DEPARTMENT INFORMATION Issue Date: September 13, 2018 City of Milton Phone: 678-242-2500 Parks and Recreation Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonaa.us Milton, GA 30004 2006 Heritage Walk INSTRUCTIONS TO OFFERORS Return Proposal to: Mark Face of Envelope/ Package: Offeror Phone Number: RFP Number: 18-PRO1 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Special Instructions: 2006 Heritage Walk Deadline for Written Questions Milton, GA 30004 September 24, 2018 at 5:00 p.m. Email questions to Honor Motes at honor.motes@cltvofmiltonaa.us IMPORTANT: SEE STANDARD TERMS AND CONDITIONS OFFERORS MUST COMPLETE THE FOLLOWING Offeror Name/Address: Authorized Offeror Signatory: Please print name and sign in ink Offeror Phone Number: Offeror FAX Number: Offeror Federal I.D. Number: Offeror E-mail Address: OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info4cityofmiltonga.us I www.cityofmiltonga.us 0000 2 1 RFP 18 -PRO] Offeror's RFP Checklist Disclosure Form Proposal Letter Schedule of Events Section 1: Projecf Overview and Instructions Section 2: RFP Standard Information Section 3: Scope of Project Section 4: Offeror Qualifications Section 5: Fee Proposal Section 6: Evaluation Criteria Section 7: Standard Contract Information Sample Standard Contract s 1 RFP j -PROI The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton I . 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://wwnw.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. S. Check the website for RFP addenda. Before submitting your response, check the City website at htto://www.cityofmiltongo.us to see whether any addenda were issued for the RFP. If so, you must submit a signed cover sheet for each addendum issued along with your RFP response. 9. Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response. 10. Submit your response on time. Note all the dates and times listed in the Schedule of Events and within the document, and be sure to submit all required items on time. Late submittal responses are never accepted. This checklist is provided for assistance only and should not be submitted with Offeror response. 4 1 RFP 18 -PRO] I*! ESTAULISI [ELS 1006 CITY OF MILTON DISCLOSURE FORM MUST BE RETURNED WITH PROPOSAL This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your RFP package when it is submitted. Name of Offeror Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 12 months) by the City of Milton and your relation: 5 1 RFP 18 -PRO] ESTABLISHED 2006 MUST BE RETURNED WITH PROPOSAL RFP 18-PROI PROPOSAL LETTER We propose to furnish and deliver any and all of the deliverables and services named in the Request for Proposal (RFP)18-PRO1, Milton Parks & Recreation Concession Operations for Bell Memorial Park. It is understood and agreed that we have read the City's specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. By our written signature on this proposal, we guarantee and certify that all items included meet or exceed any and all such City specifications. We further agree, if awarded a contract, to deliver goods and services which meet or exceed the specifications. The City reserves the right to reject any or all proposals, waive technicalities, and informalities, and to make an award in the best interest of the City. PROPOSAL SIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign for my company. I further certify that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have not been violated and will not be violated in any respect. Authorized Signature Print/Type Name Print/Type Company Name Date 6 1 RFP 18 -PRO] '*k ' ESTABLISHED 1006 MUST BE RETURNED WITH PROPOSAL CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Milton Parks & Recreation Concession Operations for Bell Memorial Park 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 1 RFP 18 -PRO] Task Date Issue RFP September 13, 2018 Deadline for Questions September 24, 2018 Answers Posted by the City On or about, September 26, 2018 (Addendum) Proposals Due By October 4, 2018 at 2:00 p.m. EST Award Contract October 22, 2018 (proposed) ADDENDA AND SCHEDULE UPDATES. Milton, Georgia is a growing community located north of Atlanta with a population of approximately 38,000. The Parks and Recreation Department has a concession stand at Bell Memorial Park that has been successfully operated by a contract vendor. The duration of that contract will expire on December 31, 2018. The primary focus of this RFP is to hire a firm for continued concession stand operations for the City of Milton Parks and Recreation Department at Bell Memorial Park. it is located at 15245 Bell Park Drive, Milton, GA 30004. All Offerors must comply with all general and special requirements of the RFP information and instructions enclosed herein. 1.1 SINGLE POINT F CONTACT From the date this Request for Proposals (RFP) is issued until an Offeror is selected, Offerors are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Honor Motes. Any unauthorized contact can disqualify the Offeror from further consideration. Contact information for the single point of contact is as follows: Procurement Office: Honor Motes Address: 2006 Heritage walk, Milton, GA 30004 Telephone Number: 678-242-2507 E-mail Address: honor.motes@cifyofmiltonga.us 1.2 REQUIRED REVIEW A. Review RFP. Offerors should carefully review the instructions; mandatory requirements, specifications, standard terms and conditions, and standard contract set out in this RFP and promptly notify the procurement office identified above via e-mail of any ambiguity, inconsistency, unduly restrictive specifications, or error which they discover upon examination of this RFP. B. Form of Questions. Offerors with questions or requiring clarification or interpretation of any section within this RFP must submit their questions in writing via email to the procurement office referenced above on or before 5 PM (EST) o September 24, 2018. Each question must provide clear reference to the section, page, and item in question. Questions received after the deadline may not be considered. 9 1 RFP 18 -PRO! C. City's Answers. The City will provide an official written answer to all questions on or about September 26, 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. Offerors must sign and return any addendum with their RFP response. D. Standard Contract. By submitting a response to this RFP, Offeror agrees to acceptance of the City's standard contract. Much of the language included in the standard contract reflects requirements of state law. Requests for exceptions to the standard contract terms, or any added provisions must be submitted to the procurement office referenced above by the date for receipt of written/e-mailed questions or with the Offeror's RFP response and must be accompanied by an explanation of why the exception is being taken and what specific effect it will have on the Offeror's ability to respond to the RFP or perform the contract. The City reserves the right to address non -material,. minor, insubstantial requests for exceptions with the highest scoring Offeror during contract negotiation. Any material, substantive, important exceptions requested and granted to the standard terms and conditions and standard contract language will be addressed in any formal written addendum issued for this RFP and will apply to all Offerors submitting a response to this RFP. E. Mandatory Requirements. To To be eligible for consideration, an Offeror must meet the intent of all mandatory requirements. The City will determine whether an Offerors 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. 1.4 SUBMITTING PROPOSALS Offerors must organize their proposals into sections that follow the following format. A. Submittal Requirements. 10 1 RF F 118-FROl Proposals shall include the following: 1. City of Milton request for proposal cover page (information entered and signed: first page of this document) 2. City of Milton Disclosure form (signed) 3. City of Milton Proposal letter (information entered) 4. Technical Proposal: Each Technical Proposal Shall be: a. No more than six (6) single sided pages (three pages if double sided) 1. Cover page(s), table of contents, tabs; and required forms do not count toward the page limit b. Minimum of 1 1 point font c. Stapled or spiral -bound. No binders Each Technical Proposal Shall Contain: a. Project Team (2 pages) - include project staffing, qualifications of the project team, and what sets the team apart b. Work Processes (2 pages) - describe job scheduling, work challenges, customer service and communication, and any innovative approaches or techniques c. Related Projects and References (2 pages) 1. Describe at least 3 similar projects with references d. Pricing (See Section 5) 5. Applicable Addenda Acknowledgement Forms (if necessary) Offerors must organize their proposal into sections that follow the format of Section 1.4 and Section 5.0. B. Failure to Comply with Instructions. Offerors failing to comply with these instructions may be subject to point deductions. The City may also choose to not evaluate, may deem non-responsive, and/or may disqualify from further consideration any qualifications that do not follow this RFP format, are difficult to understand, are difficult to read, or are missing any requested information. C. Copies Required and Deadline for Receipt of Proposals. One original and three (3) copies of each submittal (plus a CD or Flash Drive) should be provided to the City. Proposals must be received at the Finance department receptionist's desk in City Hall prior to 2:00 prn, local time, October 4, 2018. Emailed responses to requests for proposals are not acceptable. Proposals will be opened at approximately 2:05 p.m. and names of Offerors will be announced. >> I RFP l8-PRi *Important to remember when submitting digital files: 1. Mark all CD's or Flash Drives with Offeror's name and RFP number and title. 2. All digital files must be in either (unless otherwise specified within this document): a. Microsoft Office file format or b. Portable Document Format (PDF). 3. Use caution in creating the electronic files. If the Cities are unable to open files due to data -corruption, password or encryption error, etc., the Offeror's proposal may be considered incomplete. 4. NOTE: All digital copies must include exactly the some information as provided in the hard copy "Original". D. Late Proposals. Regardless of cause, late proposals will not be accepted and will automatically be disqualified from further consideration. It shall be the Offeror's sole risk to assure delivery to the receptionist's desk at the designated office by the designated time. Late proposals will not be opened and may be returned to the Offeror at the expense of the Offeror or destroyed if requested. 1.5 OFEROR'SCERTIFICATION A. Understanding of Specifications and Requirements. By submitting a response to this RFP, Offeror agrees to an understanding of and compliance with the specifications and requirements described in this RFP. R_ Offer in Effect for 120 Days. A proposal may not be modified, withdrawn or canceled by the offeror for a 120 -day period following the deadline for proposal submission as defined in the Schedule of Events, or receipt of best and final offer, if required, and offeror so agrees in submitting the proposal. The City of Milton may, in the event the selected proposer fails to perform and/or the contract is terminated within 120 days of its initiation, request the proposer submitting the next acceptable proposal to honor its proposal. 12 1 RFP 18 -PRO! 1.6 COST OF PREPARING PROPOSALS A. City Not Responsible for Preparation Costs. The costs for developing and delivering responses to this RFP and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the Offeror. The City is not liable for any expense incurred by the Offer -or in the preparation and presentation of their proposals. B. All Timely Submitted Materials Become City Property. All materials submitted in response to this RFP become the property of the City of Milton and are to be appended to any formal documentation, which would further define or expand any contractual relationship between the City and Offeror resulting from this RFP process. 2.0 AUTHORITY This RFP is issued under the authority of the City of Milton. The RFP process is a procurement option allowing the award to be based on stated evaluation criteria. The RFP states the relative importance of all evaluation criteria. No other evaluation criteria, other than as outlined in the RFP, will be used. 2.1 OFFEROR COMPETITION The City encourages free and open competition among Offerors. Whenever possible, the City will design specifications, proposal requests, and conditions to accomplish this objective, consistent with the necessity to satisfy the City's need to procure technically sound, cost-effective services and supplies. 2.2 RECEIPT Of PROPOSALS AND PUBLIC INSPECTION A. Public Information. All information received in response to this RFP, including copyrighted material, is deemed public information and will be made available for public viewing and copying after the time for receipt of qualifications has passed, and the award has been made, with the following four exceptions: (1) bona fide trade secrets meeting confidentiality requirements that have been properly marked, separated, and documented; (2) matters involving individual safety as determined by the City of Milton; (3) any company financial information requested by the City of Milton to determine vendor responsibility, unless prior written consent has been given by the Offeror; and (4) other constitutional protections. 13 1 RFF 13-FR0 B. Procurement Officer Review of Proposals. Upon opening the submittals received in response to this RFP, the procurement office will review the proposals and separate out any information that meets the referenced exceptions in Section 2.2(A) above, providing the following conditions have been met: 1. Confidential information is clearly marked and separated from the rest of the submittal. 2. An affidavit from an Offeror's legal counsel attesting to and explaining the validity of the trade secret claim is attached to each submittal containing trade secrets. Please contact Honor Motes for additional information. Information separated out under this process will be available for review only by the procurement office, the evaluation committee members, and limited other designees. Offerors must be prepared to pay all legal costs and fees associated with defending a claim for confidentiality in the event of a "right to know" (open records) request from another party. 2.3 CLASSIFICATIONAND EVALUATION F 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 an Offeror has met the standards of responsibility. Such a determination may be made at any time during the evaluation process and through contract negotiation if information surfaces that would result in a determination of nonresponsive. C. Evaluation of Proposals. The evaluation committee will evaluate the remaining proposals and recommend whether to award the contract to the highest scoring Offeror or, if necessary, to seek discussion/negotiation in order to determine the highest scoring Offeror. All responsive proposals will be evaluated based on stated evaluation criteria. In scoring against stated criteria, the City may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP responses. These scores will be used to determine the most 14 1 RFP 18 -PRO] advantageous offering to the City. D. Completeness of Proposals. Selection and award will be based on the Offeror's proposals and other items outlined in this RFP. Submitted responses may not include references to information located elsewhere, such as Internet websites or libraries, unless specifically requested. Information or materials presented by Offerors outside the formal response or subsequent discussion/negotiation, if requested, will not be considered, will have no bearing on any award, and may result in the Offeror being disqualified from further consideration. E. Opportunity for Discussion/Negotiation and/or Oral Presentation/Product Demonstration. After receipt of all proposals and prior to the determination of the award, the City may initiate discussions with one or more Offerors should clarification or negotiation be necessary. Offerors may also be required to make an oral presentation and/or product demonstration to clarify their RFP response or to further define their offer. In either case, Offerors should be prepared to send qualified personnel to Milton, Georgia to discuss technical and contractual aspects of the submittal. Oral presentations and product demonstrations, if requested, shall be at the Offeror's expense. Best and Final Offer. The "Best and Final Offer" is an option available to the City under the RFP process which permits the City to request a "best and final offer" from one or more offerors if additional information is required to make a final decision. Offerors may be contacted asking that they submit their "best and final offer," which must include any and all discussed and/or negotiated changes. The City reserves the right to request a "best and final offer" for this RFP, if any, based on price/cost alone. G. Evaluation Committee Recommendation for Contract Award. The evaluation committee will provide a written recommendation for contract award. H. Request for Documents Notice. Upon concurrence with the evaluation committee's recommendation for contract award, the procurement officer may issue a "Request for Documents Notice" to the highest scoring Offeror to obtain the required insurance documents, contract performance security, and any other necessary documents. Receipt of the "Request for Documents Notice" does not constitute a contract and no work may 15 1 RI=P 18 -PRO -1 begin until a contract signed by all parties is in place. Contract Negotiation. The procurement officer and/or city department representatives may begin contract negotiation with the responsive and responsible Offeror whose submittal achieves the highest score and is, therefore, the most advantageous to the City. If contract negotiation is unsuccessful or the highest scoring Offeror fails to provide necessary documents or information in a timely manner, or fails to negotiate in good faith, the City may terminate negotiations and begin negotiations with the next highest scoring Offeror. J. Contract Award. Contract award, if any, will be made to the highest scoring Offeror who provides all required documents and successfully completes contract negotiation. 2.4 RIGHTS RESERVED While the City has every intention to award a contract as a result of this RFP, issuance of the RFP in no way constitutes a commitment by the City of Milton to award and execute a contract. Upon a determination such actions would be in its best interest, the City, in its sole discretion, reserves the right to: 1. Modify, cancel or terminate this RFP, 2. Reject any or all proposals received in response to this RFP, 3. Select an Offeror without holding interviews, 4. Waive any undesirable, inconsequential, or inconsistent provisions of this RFP which would not have significant impact on any submittal, 5. To request further documentation or information, and to discuss a RFP submittal for any purpose in order to answer questions or to provide clarification, 6. Not award if it is in the best interest of the City not to proceed with contract execution; or 7. If awarded, terminate any contract in accordance with the terms and conditions of the contract if the City determines adequate funds are not available. 16 1 RFP 1 6-PROI The selected firm will furnish, as a minimum, the following services: • Concession stand operations will consist of the stand at BMP as activities are scheduled in accordance with Exhibit A - Projected Schedule of Activities. ® Concession operations also will include any special events (Tournaments, etc.). A schedule of events will be provided to the selected operator when available. ® The City reserves the right to monitor and require adjustment of all concession prices, so as not to overcharge patrons. The contractor will submit a list of items and prices to be reviewed and approved by the Parks and Recreation Director or his designee. ® Contractor to prepare, serve and sell to the public food and beverage items in accordance with the terms and conditions of this Agreement. ® Criminal background checks will be performed on all concession stand employees who are 18 years of age and higher. Employees with a significant history of criminal activity, and any employee with any history of crimes targeting minors, shall not be hired or retained. The selected firm will furnish, as a minimum, the following information: • List three references, private or government, include contact person's name and telephone number. Provide information which best illustrates your companies qualifications and capabilities for handling the City's needs. Include descriptions and information related to similar contracts held within the past three years.. ® The Contractor will have liability insurance (with the City of Milton named as an additional insured), a valid Business license and a current Food Service Certificate by the Fulton County Georgia Department of Health and Wellness. ® Indicate the contractual entity which will be responsible for performance of all aspects of this contract. Provide the name of the firm, address, contact person (s) and telephone numbers. ® For each and every month of this Agreement, the Contractor shall pay to the City a sum of money equal to a percentage (%) of Contractor's gross revenues from sales during each calendar month. Thus, indicate in your proposal the percentage of gross revenues your firm will propose to 17 1 RFF 18 -PFM pay the City OR the amount the Contractor shall pay to the City as a specified monthly fee. • Provide additional information regarding the firm submitting the proposal. Include a narrative on how long the organization has been in business, disclose whether it has been in litigation in the last five (5) years and/or is there any pending litigation arising out of your performance or participation in concession stand services. The firm should similarly disclose whether or not it or any team members or subcontractors are in default on any Loan agreement or financing agreement with any bank, financial institution or other entity. • Provide company experience addressing questions such as how long you have been in business. • Describe your company's approach/philosophy to customer service. ® Indicate how many employees are to be assigned to this effort. ® Provide a suggested menu and proposed pricing. The agreement will not start until a NOTICE TO PROCEED has been delivered in writing. Volunteers will be working the stand until this agreement is in place. The selected firm is expected to take over operations upon receiving a NOTICE TO PROCEED and continue those operations in all of 2019. The contract has the option for renewal for two additional years. The selected firm will agree, as a minimum, to the following terms and conditions: ® The Concession Stand Operator is responsible for the collection of sales tax and distribution to the State of Georgia. ® The Contractor shall have appropriate personnel available for the operation of the concession stand in order to provide reasonable and adequate service at all times called for by the schedule of hours as stipulated in this Agreement. The Parks and Recreation Director or his designee reserves the right to have the Contractor add additional staff at the Contractor's sole expense. The Parks and Recreation Director or his/her designee, will review from time to time the Contractor's staffing levels to determine if patron demand is being met efficiently. If not, the Contractor will be required to increase its staff as specified by the City. ® The Contractor is authorized for the term of this Agreement to sell in the concession only those food, beverage and miscellaneous items such as but not limited to burgers, hot dogs, chicken, sausages, BBQ, sundry items, novelties and candy of the best quality approved for sale by the Parks and Recreation Director or his/her designee. ® No seeds of any kind, including but not Limited to, sunflower seeds and pumpkin seeds will be allowed for sale. ® No alcoholic beverages will be allowed for sale. ® The pricing of each food, beverage or miscellaneous item specified herein is to remain firm for a one-year period. The pricing must stay within the local market pricing. Prices should not vary and/or change due to special activities scheduled throughout the year. • Coca-Cola is the approved beverage for the contractor that must be used. All Coca-Cola products are ordered by the City. The Contractor must reimburse the City for the cost of the product and is then able to receive the profit from the sale of the Coca-Cola (less any commission if that structure is selected). Ordering will be coordinated between the Contractor and the Parks and Recreation Director or his/her designee. • It is the Contractor's responsibility to provide the following items: 1. Contact person for notification of any cancellations and/or rescheduled events. 2. To keep the concessions up to the standards of the Fulton County Georgia Department of Health and Wellness 3. Clean the concession stand interior after each use. 4. Cleaning supplies to maintain the concession stand. 5. A point -of sale terminal. 6. Credit card transaction processing capability. 7. Collection and payment of sales tax. It is the City's responsibility to provide the following items: 1. One propane grill for cooking purposes, outside of the concession stand. 2. Propane for cooking purposes. 3. The Coca-Cola contract and coolers. 4. Water, power and data connectivity. • Due to weather and/or unseen circumstances, some events may be canceled. In event of a cancellation, the City will attempt to notify the Contractor's point of contact ahead of time. In the event the notification is not provided, the Contractor is still required to show up. Any cost incurred to the Contractor due to a cancellation is not the responsibility of the City. ® Due to health and fire code standards there may not be any cooking allowed in the building. ® Currently there are no vending machines in operation and none may be placed at the park for use. • The City owns certain equipment that is available for use from time to time if the Contractor so desires. If the Contractor chooses to use the various pieces of equipment, any damages are the responsibility of the 19 1 RPP 18 -PRO] Contractor (except for standard wear and tear). Umpire/ Referee Program - The Contractor is permitted to have non - Coca -Cola brand water stored in the City's refrigerator (not the Coca- Cola coolers) for distribution at low or no cost to game officials. Other Activities and Concessions - The City reserves the right to regularly run a farmers market at the park. The City also reserves the right to bring in other vendors, such as but not limited to Food Trucks, for special events, such as but not limited to, movies in the park. During the occasions that additional vendors are brought in, the Concessionaire will be provided at least seven calendar days of advance notification of the City's intentions. It will be the sole discretion of the concessionaire to choose to participate in any such event or to decline. Choosing to decline to participate in a special event is not a cause for contract termination. 4.0 CITY'S RIGHT TO INVESTIGATE The City may make such investigations as deemed necessary to determine the ability of the Offeror to provide the supplies and/or perform the services specified. .1 OFFEROR INFORMATIONAL I E T Firms interested in providing the services described in this RFP should be able to demonstrate experience in the areas described in Section 3. 20 1 RFP 18 -PRO] SECTION 5: FEE PROPOSAL ESTABLISHED 2006 MUST BE RETURNED WITH BID RFP 18-PRO1 One (1) original and two (2) copies shall be submitted in a separate sealed envelope before the required deadline. The offeror's cost proposal shall be signed by an authorized agent of the company. There is no maximum page limit to Section 5. The undersigned bidder, having familiarized themselves with the work required by the RFP, the bid documents, the site where the work is to be performed, all laws, regulations, and other factors affecting performance of the work, and having satisfied itself/himself/herself of the expense and difficulties attending performance of the work; Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the RFP and the bid documents to be performed or furnished by bidder for the total contract price of: Monthly Fee: $ OR Gross Revenue Percentage: Print Total Fee In Words: Print/Type Company Name: Authorized Signature Print/Type Name Print/Type Title Date 21 1 R P 18-PPO1 6.0 EVALUATION CRITERIA The City may elect to conduct a round of interviews with selected firms following receipt of the RFP. The City also reserves the right to issue a contract to a single firm based solely on the initial submittal. Proposal Evaluation An evaluation committee will review and rank the proposals based on the factors listed below. The relative weight for each evaluation factor is indicated below (the maximum value is 115). Proposal Response (maximum 25 points) Past Experience With The City Of Milton (maximum 20 points) ® Food Service Experience (maximum 10 points) ® Food and Beverage Selection and Pricing (maximum 5 points) ® References (maximum 20 points.) Game Official Food and Beverage Program (maximum 10 points) ® Commission or fee proposed as payment to the City (maximum of 10 points) 2. Interviews and Product Demonstration (maximum IS additional points) The City reserves the right to award the contract to the highest ranking firm based on technical merits only; however, short-listed vendors may also be invited to make a face-to-face presentation to the City, Web based presentations may also be permitted. During this presentation the vendor can provide additional detail regarding their proposal submission and organizational qualities. A question and answer will follow the presentation. 3. Final Ranking and Negotiations Upon completion of the interviews and demonstrations, if required, the review committee will rank the short-lisfed proposals based on a combination of the evaluation scores and presentations. The top-ranked proposal will be recommended for contract award, pending successful negotiations. At this stage, the City may conduct any final discussions, negotiations, or proposal revisions with the top-ranking company(s). 22 1 RFP 18 -PRO] 7.0 STANDARD CONTRACT The City's standard contract is attached to this document as Appendix A. Offeror should notify the City of any terms within the standard contract that preclude them from responding to the RFP. This notification must be made by the deadline for receipt of written/e-mailed questions or with the Offeror's RFP response. Any requests for material, substantive, important exceptions to the standard contract will be addressed in any formal written addendum issued by the procurement officer in charge of the solicitation, The City reserves the right to address any non- material, minor, insubstantial exceptions to the standard contract with the highest scoring Offeror at the time of contract negotiation. 7.1 ADDITIONAL C NT T PROVISIONS TERMS This RFP and any addenda, the Offeror's RFP response, including any amendments, a best and final offer, any clarification question responses, and any negotiations shall be included in any resulting contract. The City's standard contract, attached as Appendix A, contains the contract terms and conditions which will form the basis of any contract negotiated between the City and the highest scoring Offeror. The contract language contained in Appendix A does not define the total extent of the contract language that may be negotiated. In the event of a dispute as to the duties and responsibilities of the parties under this contract, the contract, along with any attachments prepared by the City, will govern in the same order of precedence as listed in the contract. Typical Active Spring Season - Starts February 1 - Practices or Games for baseball and lacrosse typically run from 5:30 PM until 9:30 PM Monday through Friday. Games -.run on Saturdays typically between 9:00 AM until 5:00 PM. Baseball typically is active on Sundays from 1:00 PM until 7:00 PM. The typically active spring season ends around Memorial Day. Typical Active Summer Season Starts June 1 - Baseball All Stars and Travel teams continue to practice and have occasional games. The opportunity of a tournament or two exists at this time. Baseball has activity Monday through Thursday from 5:30 PM until 9:30 PM. Typically on the weekends, the park is open as the teams travel to their tournaments. The typically active summer season ends in mid-July. Concession Operations during this time are at the sole discretion of the Contractor Typical Active Fall Season - Starts July 15 - Football starts in mid-July with practices in the evenings during the week. Baseball and Lacrosse start up in mid-August and follow a similar schedule as the spring. The typically active fall season ends in mid- November. 23 1 RFP 13-F'ROi 7.2 The and SUBCONTRACTOR highest scoring Offeror will be the prime contractor if a contract is awarded shall be responsible, in total, for all work of any sub -contractors. All sub- contractors, if any, must be listed in the proposals. The City reserves the right to approve all sub -contractors. The Contractor shall be responsible to the City for the acts and omissions of all sub -contractors or agents and of persons directly or indirectly employed by such sub -contractors, and for the acts and omissions of persons employed directly by the 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 Contractor is required to supply the City of Milton with proofof compliance with the Workers' Compensation Act while performing work for the City. Neither the Contractor nor its employees are employees of the City. The proof of insurance/exemption must be received by the City of Milton within 10 working days of the Request for Documents Notice and must be kept current for the entire term of the contract. CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME. 7.5 COMPLIANCE ITH LAWS The Contractor 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 i 5,?o, and Section 504 of the Rehabilitation Act of 1973. Any subletting or sub -contracting by the Contractor subjects sub -contractors to the same provision. The Contractor agrees that the hiring of persons to perform the contract will be made on the basis of merit and qualifications and there will be no discrimination based upon race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the contract. 7.6 CONTRACT TERMINATION See sample contract. SAMPLE CONTRACT - APPENDIX "A" NOME OE' 1 , ,00,, SAMPLE CONTRACT ONLY — DO NOT RETURN WITH PROPOSAL CONCESSION CONTRACT AGREEMENT This Agreement (the "Agreement") is made and entered into this _ day of , 2018 (the "Effective Date"), by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council (hereinafter referred to as the "City"), and (insert company name) a Georgia corporation with its principal place of business located at (insert address) (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, the Contractor desires to provide certain concession stand operations at Bell Memorial Park, and WHEREAS, in exchange for the City authorizing Contractor to provide such concession stand operations at Bell Memorial Park and keep a percentage of the revenues obtained from such operations, the Contractor has agreed to provide the City with a percentage of such revenues; and WHEREAS, the Contractor has represented that it is qualified by training and experience to provide the Work described in this Agreement related to concession stand operations at Bell Memorial Park; and WHEREAS, the Contractor desires to perform the Work under the terms and conditions set forth in this Agreement; and WHEREAS, the public interest will be served by this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, together with other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: 1. Scope of Work and Consideration. In consideration for the City authorizing Contractor to provide concession stand operations at Bell Memorial Park and keep a portion of the revenues obtained from such operations, the Contractor has agreed to provide the Work described below and pay the City a Commission (as defined below) under the terms provided herein. a. The Work.Contractor shall provide concession stand operations at Bell Memorial Park, located at 15245 Bell Park Drive, Milton, GA 30004, as described in the Request SAMPLE CONTRACT - APPENDIX "A" for Proposals, attached hereto as Exhibit "A" and incorporated herein by reference, and the Contractor's Proposal, attached hereto as Exhibit "B" and incorporated herein by reference. The Contractor shall only use the concession stand facilities identified by the City, and the Contractor must comply with the following requirements viz its operation of the concession stands at Bell Memorial Park: i. The Contractor is authorized for the Term of this Agreement to sell in the concession only high quality food, beverage and miscellaneous items (including but not limited to burgers, hot dogs, chicken, sausages, BBQ, sundiy items, novelties and candy) that are approved for sale by the Parks and Recreation Director or his/her designee. No seeds of any kind, including but not limited to sunflower seeds and pumpkin seeds, will be allowed for sale. No alcoholic beverages will be allowed for sale. Pursuant to O.C.G.A. § 50-5-81, the parties acknowledge that no government funds are being used to purchase any beef products. ii. The City reserves the right to monitor all concession prices, so as to ensure that patrons are not overcharged. The Contractor will submit a list of items and prices to be reviewed and approved by the Parks and Recreation Director or his/her designee. The pricing of each food, beverage or miscellaneous item specified is to remain firm for a one-year period, and, following such one-year period, any changes to such pricing must be approved in writing by the City. The pricing must stay within the local market pricing and may not vary and/or change due to special activities scheduled throughout the year. iii. Various equipment owned by the City is available for use from time to time if the Contractor so desires. If Contractor wishes to use such equipment, Contractor must contact the City to determine what equipment is available. If the Contractor chooses to use any of the City's equipment, Contractor shall do so at its own risk, and any damages are the responsibility of the Contractor (except for standard wear and tear). It is the responsibility of the Contractor to use equipment provided by the City in a responsible and careful manner and to provide any additional equipment required to complete the Work and provide the services associated with the concession stand operations. Any supplies er equipment left at the park by the Contractor will be the responsibility of the Contractor. The City shall not be responsible for any lost, stolen, or broken equipment or supplies. iv. The Concession Stand will be kept clean by the Contractor, including, but not limited to, cleaning the concession stand interior after each use and properly disposing of trash at least once each day and as required to maintain a clean operating environment. v.Contractor will be responsible for scheduling staff, stocking concessions and maintaining the security of the stand with lights out at the end of daily operations. vi.Contractor will limit its access of the concession stand facility to the designated hours of operation specified by the City and shall provide sufficient staff to work the stand during operating hours. The Contractor shall have appropriate personnel available for the operation of the concession stand in order to provide reasonable and adequate service at all times called SAMPLE CONTRACT APPENDIX "A" for by the schedule of hours stipulated in this Agreement below, as such schedule may be updated from time to time by the City. The Parks and Recreation Director or his/her designee reserves the right to have the Contractor add additional staff at the Contractor's sole expense. The Parks and Recreation Director or his designee, will review from time to time the Contractor's staffing levels to determine if patron demand is being met efficiently. If not, the Contractor will be required to increase its staff as specified by the City. vii. Contractor agrees to obtain all necessary licenses or certificates to provide the Work and to abide by all applicable laws, rules, regulations and ordinances as they relate to use of park Property, including the use of tobacco products and alcoholic beverages. The Parties acknowledge and agree that, in compliance with health and fire code standards, the Contractor shall not cook anything in the concession stand building. viii. Contractor is responsible for all damages and cost of all repairs in the concession area that are attributed to its use or operation of such concession stand facilities by Contractor. ix. Contractor must open the concession stand for all tournaments and regular season games (including, but not limited to, playoffs and make up games) scheduled by the City of Milton Parks and Recreation Department. The Contractor is encouraged but not required to be open for practices during the week. x. Contractor is forbidden to change any concession stand locks without the written permission of the Director of Parks and Recreation and/or his designee. xi. The Coca-Cola Company is the approved beverage vendor for concessions within Bell Memorial Park. Therefore, Contractor must act in accordance with the terms set forth by the contract between the City of Milton and The Coca- Cola Company and all of The Coca-Cola Company's subsidiary and affiliated companies. All Coca-Cola Company products to be sold at the Bell Memorial Park concession stands must be purchased by the City from The Coca-Cola Company, and the Contractor must reimburse the City for the cost of to purchase such products_ Once the City 1,as beexz reimbursed for the cost to purchase such products, the Contractor may then sell the products and retain any profit of such sale less any Commission provided for in this Agreement. Ordering of Coca-Cola Company products will be coordinated between the Contractor and the Parks and Recreation Director or his/her designee. xii. The Contractor is permitted to have non -Coca-Cola brand water stored in the City's refrigerator (not the Coca-Cola coolers) for distribution at low or no cost only to game officials (umpires and referees). xiii. The Contractor's use of equipment, food, beverage or sundry products shall be at the Contractor's own risk, The City shall not be liable for any damage or loss of such equipment, food, beverage or sundry products, unless such damage or loss occurs as a direct result of actions of the City, a City employee, or authorized agent of the City. xiv. Any sub -contracting of the Contractor's responsibilities under this Agreement must be pre -approved by the City of Milton Parks and Recreation Department SAMPLE CONTRACT - APPENDIX "A" in writing. Further, any such subcontractors (whether companies, groups or individuals, etc.) must agree to all terms set forth in this Agreement before providing any of the Work described herein. xv. Currently, there are no vending machines in operation in Bell Memorial Park, and Contractor may not place any vending machines for use in the park. xvi. The Contractor shall be responsible for the collection of sales tax and distribution of the tax to the State of Georgia. xvii. Contractor shall comply with the City's policy regarding criminal background screening and cause background checks to be performed on all concession stand employees (including but not limited to employees and subcontractors) who are 18 years of age and older. The City will furnish the Contractor with a background release form for all the Contractor's employees or subcontractors, and a background search of such employees or 'subcontractors shall be completed at the Contractor's expense_ A Consent and Release Form to conduct a criminal background check must be executed by any of the Contractor's employees or subcontractor's employees, such form authorizing the City to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the City in its sole and complete discretion, and the City may reject any individual from participating in any program based upon such result. If the Contractor has recently had a background screening conducted by another government agency, the City, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. Contractor and its employees and subcontractors must also execute a Waiver and Release of Liability holding the City harmless related to the background check. xviii. The City will provide no storage space to the Contractor, unless otherwise agreed upon in writing by the Parties. Notwithstanding the foregoing, the City hereby expressly agrees to allow the Contractor to store materials, product and supplies inside the concession stand so long as such materials, product and supplies are associated with the Work to be completed under this Agreement and are stored in a safe and secure manner. xix. The Contractor shall inspect the premises and equipment offered to it by the City for its use in providing the Work conternplated under this Agreement, and, if it finds anything wrong with the premises or equipment, the Contractor shall notify the City immediately. If the issue cannot be corrected promptly so as to provide a safe premises and equipment to complete the Work for a given event, the City may cancel or relocate Contractor's services for that event, as the City deems necessary it its sole discretion. xx.. Contractor shall provide the following: i. Contact person for notification of any cancellations and/or rescheduled events. ii. Cleaning supplies to maintain the concession stand. iii. A point of sale terminal. iv. Credit card transaction processing capability. b. City Responsibilities. The City shall provide the following items for use by the Contractor in its operation of the Bell Memorial Park concessions stands during the Term of this Agreement: SAMPLE CONTRACT - APPENDIX "A" i. One propane grill for cooking purposes, which grill must be located and remain outside the concession stand. ii. Propane for cooking purposes. iii. The Coca-Cola Company contract and coolers. iv. Water service to the concession stand, electricity and data connectivity. c. Commission. For each and every month during the Term of this Agreement, the Contractor agrees to pay the City the sum of $ per month or _% of Contractor's gross revenues (the "Commission") from concession stand sales during that calendar month. Under no circumstances shall the City be responsible for any monetary payment to Contractor under this Agreement. Contractor shall be entitled to any and all other revenues obtained from concession stand sales in excess of the Commission described above. 2. Limitation of Promotional Activities. The City must approve any promotional material, flyers, and posters advertising the Contractor or its concession activities. Further, the Contractor shall not promote its or any other privately owned business in the park or solicit any participant in a City activity for any privately owned business. The Contractor may not use park facilities to conduct any personal business. 3. Reservation of Rights Delated to Certain Activities at the Park. The City reserves the right to regularly run a farmers market at Bell Memorial Park. The City also reserves the right to bring in other vendors, including but not limited to food trucks, for special events, which special events may include but shall not be limited to movies in the park. The City shall provide Contractor at least seven (7) calendar days advance notice of these occasions when additional vendors will be brought into the park. The Contractor may participate in such occasions at its sole discretion, and the Contractor's choice to decline to participate in a special event is not a cause for termination of this Agreement. 4. Schedule of Operations and Cancellation of Events. a. Schedule of Operations. i. The Projected Schedule of Activities -(also referred to as "Typical Active Seasons") is as follows: i. Typical Active ging Season begins February 1. Practices or games for baseball and lacrosse typically run from 5:30 PM until 9:30 PM Monday through Friday. Games run on Saturdays typically between 9:00 AM until 5:00 PM. Baseball is typically active on Sundays from 1:00 PM until 7:00 PM. The typically active spring season ends around Memorial Day. ii. Typical Active Summer Season begins June 1. Baseball All Stars and Travel teams continue to practice and have occasional games. The possibility of a tournament or two exists at this time. Baseball has activity Monday through Thursday from 5:30 PM until 9:30 PM. Typically on the weekends, the park is open as the teams travel to their tournaments. The typically active summer season ends in mid-July. Concession operations during this time is at the sole discretion of the Contractor. iii. Typical Active Fall Season begins July 15. Football starts in mid-July with practices in the evenings during the week. Baseball and Lacrosse start up in SAMPLE CONTRACT APPENDIX "A mid-August and follow a similar schedule as the spring. The typically active fall season ends in mid-November. ii. Concession operations also will include any special events such as tournaments and community activities. A tentative schedule of events projected to occur in 2019 will be supplied to the selected Contractor when it is available. b. Cancelation of Events. Due to weather and/or unseen circumstances, some events may be cancelled. In event of a cancellation, the City will attempt to notify the Contractor's point of contact ahead of time. In the event the notification is not provided, the Contractor is still required to show up. Any cost incurred to the Contractor due to a cancellation is not the responsibility of the City. 4. Term. This Agreement shall commence upon the City delivering to Contractor a written "Notice to Proceed" and shall continue until December 31, 2019; provided that the Tenn of this Agreement may be extended for two additional one (1) year periods upon written agreement of the Parties at least ninety (90) days prior to expiration of the then -current Term. The Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent the City's provision of written notice of non -renewal to Contractor at least five (5) calendar days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other. personal property shall remain in Contractor until fully paid for by the City. 5. 'Termination. The City shall have the right to terminate this Agreement for convenience or for cause by providing written notice thereof at least five (5) calendar days in advance of the termination date. Further, the City shall have the right to terminate this Agreement immediately upon any willful, reckless, or grossly negligent act or omission by the Contractor or any of its officers, employees or subcontractors. The Contractor shall have no right to terminate this Agreement prior to expiration of the then -current Term. Upon termination or expiration of this Agreement, Contractor shall provide payment to the City of any Commission due up to the termination date. The rights and remedies of the City and Contractor provided in this paragraph are in. addition to zmy other rigxhts and remedies provided under this Agreement or at law or in equity. Any deficiencies by either party in compliance with the terms of this Agreement and that are not deemed to be willful, reckless or grossly negligent, shall be remedied within ten (10) business days of that party receiving notice of such deficiencies from the other party hereto. 6. Indemnification. The Contractor covenants and agrees to take and assume all responsibility for the Work provided in connection with this Agreement. Contractor shall defend, indemnify and hold harmless the City and the City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectively the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or SAMPLE CONTRACT APPENDIX "A" subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party by any employee of the Contractor, its subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmens 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. 7. Insurance Requirements. (A) Requirements: Contractor shall have and maintain uz full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (B) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence 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. If a general aggregate limit applies, the general aggregate limit shall be at least twice the required occurrence limit. (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. (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. No individuals associated with Contractor (Proprietor/Partner/Executive/Officer/Member/etc.) may be excluded from coverage. If, notwithstanding this provision, individuals are excluded, those individuals are strictly prohibited from performing the Work. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall SAMPLE CONTRACT - APPENDIX "A" be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act.) (C) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Contractor; self-insured retentions should be included on the certificate of insurance. (D) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, contractors, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, leased, or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement.. Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Contractor's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Contractor's insurance shall apply separately to each insured against whom, claim is made or suit is Drought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Contractor: for City. (vii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Contractor under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (b) Workers' Compensation Coverage. The insurer providing Workers' Compensation SAMPLE CONTRACT - APPENDIX "A" Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Contiactorfor 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) If higher limits are maintained by Contractor than shown above, the City shall be entitled to coverage for any additional insurance proceeds in excess of the specified minimum limits maintained by the Contractor. (E) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder's rate of no less than "A-" and with a financial rating of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the prescribed form. (F) Verification of Coverage: Contractor shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Contractor's insurer in its normal course of business and are to be signed by a person. authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidenceof their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Contractor shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (G) Contractor's Duty to Provide Notice of Reduction in Coverage: Contractor shall provide written notice to City at least thirty (30) days prior to any reduction, suspension, voiding, or cancellation of coverage. Contractor shall require the same notice to the City in all subcontractor contracts. (H) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. SAMPLE CONTRACT - APPENDIX "A" (I) Claims -Made Policies Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (J) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (K) Progress Payments: The making of progress payments to Contractor shall not be construed as relieving Contractor or its subcontractors or insurance carriers from providing the coverage required in this Agreement. 8. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. Nothing in this Agreement shall be construed to make the Contractor or any of its employees, servants, or subcontractors an employee, servant or agent of the City for any purpose. The Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractor, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its oven acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and the City by virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. 9. Business License. Prior to commencement of the Work to be provided hereunder, Contractor must obtain a business license, pay the applicable business license fee, and maintain said business license during the term of this Agreement, unless Contractor provides evidence that no such license is required. 10. Change Order. All changes to the terms of this Agreement shall be incorporated in written change orders executed by the City and Contractor. Any change order shall be executed under all the applicable conditions of this Agreement. 11. Assignment. The Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the Citi, shall have no obligation to them. 12. Records. Books, records, documents, account ledgers, data bases, and similar materials relating to the Work performed for the City under this Agreement ("Records") shall be established and maintained by Contractor in accordance with requirements prescribed by the SAMPLE CONTRACT - APPENDIX "A" City and applicable law. Upon request, the Contractor shall furnish to the City any and all Records related to matters covered by this Agreement in the form requested by the City. The Contractor will permit the City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. 13. Notices. All communications relating to the day-to-day activities of the Work shall be exchanged between for the City and for the Contractor. All other demands, writings, notices, requests, dema, 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 Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City of Milton Attn: City Manager 2006 Heritage Walk Milton, GA 30004 NOTICE TO THE CONTRACTOR shall be sent to: 14. Waiver. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 15. E -Verify. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period. SAMPLE CONTRACT APPENDIX "A" The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor: agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the contractor/ subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (55) business days of receipt from any subcontractor. Contractor agrees that the employee -number category designated below is applicable to the Contractor. 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. 16. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, the Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, the Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under: this Agreement. ' 17. Contractor's violation of any term set forth in this Agreement may result in the loss of concession privileges and the termination of this Agreement. 18. Agreement Construction and Interpretation. Contractor represents that it has review=ed and become familiar with this Agreement and has notified the City of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as SAMPLE CONTRACT - APPENDIX "A" opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. This Agreement shall be read in conformity with and to comply with the City's agreement with The Coca -:Cola Company. In the event of a conflict as to the duties and responsibilities of the Parties under thus Agreement, this Agreement shall govern over any Exhibit, and the Exlubits shall govern in the order attached hereto. 19. Authority to Contract. The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. This Agreement must be executed by both Parties and on file with the City of Milton Parks and Recreation Department prior to Contractor operating the concession stand under this Agreement. 20. Entire Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. 21. 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, provided that no Party may assign this Agreement without prior written approval of the other Party. 22. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. 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, and Contractor submits to the jurisdiction and venue of such court. 23. Severability. Should any article(s) or section(s) of this Agreement, or any pact 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 the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable. 24. Force Majeure. Neither the City nor Contractor shall be liable for their. respective non - negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond their respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONTRACTOR; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, SAMPLE CONTRACT - APPENDIX "A" 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. 25. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services herein. Contractor: and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. IN WITNESS EREOF the City and the Contractor have executed this Agreement, which is effective as of the Effective Date provided above. SAMPLE CONTRACT- APPENDIX "A" CONTRACTOR: 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) By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney SAMPLE CONTRACT - APPENDIX "A" GSy SAMPLE CONTRACT APPENDIX "A" 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 prograrn, 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: SAMPLE CONTRACT - APPENDIX "A" UMMIN17WAU, By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13 - 10- 91, 3-10- 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). 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: SAMPLE CONTRACT - APPENDIX "A" The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Position -, Project Manager No Text RFP Number. RFP Title: Milton Parks- & Recreation 'Concession bperat , lonsfor Bell Memorial Park Due Daie and Time: October 4, 2018 Loqal Time: 2:00 pm EST Number of Poges: 4.2 City o.1fon Altn* Honor Motes, Purchasing Office 2006 Heritage Walk Milton, G.A'10004 Mark Face, of Env'elope/Package: OP Number- IS!,,P ROI Name of Cohipany or F1 rm, Special Instructions:. ,UeadlineIor Wr itten Quesfions September 24, 9018 at Skoo p.m. Emall �•uestlons to Mono; motes at ho�onmotesftjtyo I fmiltongmus. Offeror �,o'ni;/Address - 1 AUthorized.OfferorSignZitory: ") C.& 0 _J)o t I. f I L ' authorized _Y2 vej-%(�A'L c_v "er (3 0 " ji�jt name ar t f e —ro r _nE �. N L Te7r,'— Offeror,FAX 1:Z—Miae-1, -7 g '(I -l.1 - 0 Q, S-7 S.- I Offeror Federal LD, Number;. Off-j[Add g--- 3. Offeror .4 U, i EmaAddress: (91�' i) Pz678.24Z2.5001F,678.242t2499' City of Milton Parks and Recreation 200,6 Wedtage Walk. _M:i1ton, -GA 30004 City o.1fon Altn* Honor Motes, Purchasing Office 2006 Heritage Walk Milton, G.A'10004 Mark Face, of Env'elope/Package: OP Number- IS!,,P ROI Name of Cohipany or F1 rm, Special Instructions:. ,UeadlineIor Wr itten Quesfions September 24, 9018 at Skoo p.m. Emall �•uestlons to Mono; motes at ho�onmotesftjtyo I fmiltongmus. Offeror �,o'ni;/Address - 1 AUthorized.OfferorSignZitory: ") C.& 0 _J)o t I. f I L ' authorized _Y2 vej-%(�A'L c_v "er (3 0 " ji�jt name ar t f e —ro r _nE �. N L Te7r,'— Offeror,FAX 1:Z—Miae-1, -7 g '(I -l.1 - 0 Q, S-7 S.- I Offeror Federal LD, Number;. Off-j[Add g--- 3. Offeror .4 U, i EmaAddress: (91�' i) Pz678.24Z2.5001F,678.242t2499' -RFP 18-PROl Milton Park -& Recreation Concession Operations for Be[I'Memprial-Rark City of'M.ilt.on Disclpsurefbrm City of Milton Proposal Letter Cohtraciqr Affidavit and Agreement Cover Letter Project Team Work'Processes Innovative ao ' proaclHes oe techniques Related Projects and References POCIng Fee Proposal wpB:cO-ncestiOr)S A 1 RFR 18-PPOI, Ija This, form is for disclosure of campaign contributior.is and faintly member relations With City of Milton officials/employees, Please comr plete this form and return as part of your RFP package when it is submitted. �J30-N-,ck V\o,_A_Ik A�CAS_z,_bcI,k _.?) Name of Offeror V) V Name and the official position of the Milton Official to whom the -campaign contribution was ma ' de (Please use o.separate form for each official to whom. d contribution has. been made. In the. pqst two (2) years.) List the: dollar amount/value and description ption of each campaign contribution made over the.past two (2) years by the Applicont/Opponent to the named Milton Official, Amount/Value Description Please list any -'family member that is currently (or has been employed within the lost .12 mohths) by thia City cit Milton and your relafion: A V R R Ija This, form is for disclosure of campaign contributior.is and faintly member relations With City of Milton officials/employees, Please comr plete this form and return as part of your RFP package when it is submitted. �J30-N-,ck V\o,_A_Ik A�CAS_z,_bcI,k _.?) Name of Offeror V) V Name and the official position of the Milton Official to whom the -campaign contribution was ma ' de (Please use o.separate form for each official to whom. d contribution has. been made. In the. pqst two (2) years.) List the: dollar amount/value and description ption of each campaign contribution made over the.past two (2) years by the Applicont/Opponent to the named Milton Official, Amount/Value Description Please list any -'family member that is currently (or has been employed within the lost .12 mohths) by thia City cit Milton and your relafion: R, V T Nk 'Ei Oli AIL ESTABLOHEMM We propose to furnish and d6liverany-and -all of the deliyorablesand services named in the bequest for Proposal (RFP) 18 -PRO), Mil'fo''rksgkecreafion-Conces on Operation's n Pa for Bell M,6morial Park. It is understood and.'agreed that we have read the City's specifications . -shown or referenced in the RVP an6that this proposal is made in'accordante with the provisions of such specifications, By our wri ttensignature on this proposal, we guarantee and Q . ertify that all items included meet -or exceed any End all sUch,CifyspO1_-ificntiohs_ We ftirther agree, if awarded. a contract, to deliver goods and services Whichmie.Ot or exceed the specifications.* The City.reserves the dghfto reject any or all proposals, waive technicalities, and Infbh-nalifies, and to make an award -in the. best interest of the.0 iN, PROPOSALSIGNATURE AND CERTIFICATION I understand collusive bidding is a violation of State, and Federal Law and can -result in fines, P650n sentences, and 6i'vill d9-mooe awards. I agree to dbideby all conditions of the proposal and ceffify,fhaf I am qithonzed, to sidn.f or my company., j fOaher certify that the ,provisions of the Official Code of Georgia AnnOtated,Sections 45-10-20 :et: seq. have not been 'violated and will not tae violdted Jn any respect: Authorized Signature --96 Date i 0 Peint/Type.Niame 2 C fx C\ -"e-C CK',_� cz�_,;bck k k ), -1 Y-, C� 6 10 v.- Print/TyOe Company Name, .6 j UP IS, -PRO -1 By executing ',thils-affidavit., the undersigned contractor verifies its compliance with G.C.G.A. § 13- 90-91, stating dffirmatiVely that the individual, ivIdual, firm, or -corporation which It engaged In the physical performdnce of -services on behd1f of the City of Milton hot teg.itteted. With., is authorized to use and uses 'the federdl.work authorizatibn progrdm commonly known as Elverlify, or dny.subseciuent reol.acementprogra.m,'in 'accordance With the a0plicable provisions, �'nd deadline's established a in O.C..G'A. § 1.3=10-91, Furthermore, the undersigned contractor will continue fo`u,�ethe federal work. authorization Program- throughout the controcf period and.,the undersIgnpd.,contract, or will contract for thephysical pprformanc.p.of services in satisfaction of such contract only with subcontractors, who Present an affidavit, -to 'the contractor with the infor aflon requiredby oz.,G.A.. § 13-10-91 (b). Confractor,hereby.ottests. that. its federal Work authorization user identification number and dote, of avfhorizaflon areas folliowt-. -I S 1`-P ;k17 eVbrify N&nber Date of Aufhorl2atibn Milton Parks & Recreation, Concession Operations for Bell Memorial Park t€ai7Ta; o€ Project City of Milton,Geord a Name of: Public'Employer I hereby-declare-uhder penalty�of:oe(jury that the forogoihgJstrue and correct, 2�j 261.1 in Executed on j - Sigri'ature-ofAothbriz&dofficerbrA ent Prinfeqi Name and Title of Authorized Officer -or.Agent SUBSCRIBED) AND SW© N BEFORE ME ON THIS THE '201 P NOTAft VIUBLIt V. 4 ?,p HAtVer,,; [NOTARY SEAL] My Commission Expires! 4 A _1Z Q1; RFP 18-PRO1 Milton Park & Recreation Concession Operations for Bell Memorial Park Wanna Play Baseball, Inc Dba, WPB Concessions Rich and Brenda Cormier 101 Country Acres Ln Canton, GA 30115 678-977-0255 wpbconcessions@gmail.com Thank you for the opportunity to bid on the Milton Park and Recreation Concession Stand at Bell Memorial Park. We have really enjoyed our time as concessionaires at the park these past 3 years and look forward to continuing our successful business relationship. WPB Concessions RFP 18-PRO1 Milton Park & Recreation COcessiori O'perations for Bell .Memorial 'Perk Owners, Brenda and.111ch, Cormier have beeh'in the food and ,beverage industry-since:1994 when we opened, our first coffee kiosk -i , in.Ohiladelphia. Below is -a - timeline of locations owned and operated. In 2004 we hiovod to GA whilestfil maintaining a successful busilnest in PA. In 2013 We.: sold.our last Jocation in Philadelphia. In 201O, we began'Wanna. Play Baseball, which is a youth baseball,organlzation. As part.of the organization, Bren'da Cormier ran the conces5iori stands at the various touthzimerits hosted by Wanna Play 'Basebi , 31.1 at Boling Park. and Buffington * Ball Fields in Cm anton, as well as girrhinghaUnited Methodist Church Ball field in Milton. The past 3 years we havebeen the contess ibribires at Bell Memorial Park, We also ran the concession stand this past summer at Alpharetta city -Pool at Wflls Rark: We also tried to do concessions at the new. Milton Pool. Althou.0 the numbers didn't prove successful day today, the swim meets were a hit. 1994— 2011, Childrens-HospitaJ of Philadelphia, CaM Soleil; Philadelphia. PA owner cciffee kiosk. -1996 — 2012, Pennsylvania Hospital, Caf65oidil, Philadelphia, PA Owner coffee kiosk 1996 — 2009, Hershey Medical Center, Cafe. Soleil, Hershey, PA owner coffee. kiosk 2000-201 , Health Scien.re�*Qenter,.CaM$ leil, Philadelphia; PA owner coffee shop, 2006 — 2011, Muffins to Go, Philadelpfila, PA owner wholesale bakery and :distribution 20.10 — present, WannaPlay Baseball, LLC owner youth baseball and operator of concession: stands Boling Park, Buffingpin and Birmingham United Methodist Church Baseball. Fields 2015-preadnt, Bell Memorial Park, miltan, PA, concessionaire 2018 — Milton Pool, concessionaire- swim meets 2018- City of -Alpharetta, Wjlls:13ark.Popl, Alpharetta, GA, concessionaire What sets us apart from other Concessionaires is theyears of experience and the successful relationships established with the City of Milton andthh e customers at Bell Memorial Park., . WPB Concessions RF? 18=I`1101 M.0ton Park '& 116creatiory Concession Operations for Bell Mernorial Park 1=1111�: . M, Job Scheduling Job schedyllngjs based on the number of games- scheduled, If a Saturday consists of a full day of baseball, fo6tball and lacrosse 3.74 people are scheduled. on a Sun when iatrosseis scheduled. throughout the afternoon., I person is usually needed, If a baseball I game is scheduled as well, then 2. people are working. Throughout the -week if baseball games are scheduled We. need 1—.2 people depending on how many games are being played. Brenda is usu.ally.always working at the stand. Rich is also there When he is needed Work Challenges Them are not many work challenges but if fhad to nameone it would be rained out or cancelled games. When the -schedule isn't updated in time, employees show up andmust go horne. as we were. not notified of cancellations in, time. Customer Service and C0rhrhvjn?r;;tinn Ourapproachis simple,. we want to provide the best customer friendly business we can'With these buflet.points as betri.g our keys: Provide friendly, i 'experienced staff to support clients afid, customers Provide good food and beverages Try new menu iterns that, customers may request Off6r competitive pricin&(We have not raised our prices in the past 3 years) Create. safO/ clean en'Vleon me'*n t WPB Concessions RFP 1$-PROI Milton Park.& Recreation Concession Operations, fbr Bell Memorial Park: . Innovative approach s or techhidugs It. makes -my day when I open the..barn doors and hear the kids yell "YAY! The concession stand isopen V' On several occasions ]'have had -visitors from.other parks W1 rhe that "this isAhe. nicest concession stand they have been to." lf'l get a request of something that 1 -don't carry, I always try to bring it inAometimes can keep the items, others jusi.don't sell enough. I had -a request for "healthy"so I tried chicken and. sa�lads. We didn't:s.el)-ehough to keep it on our menu but that doesn't mean I won't try, it again.] had requests for Mountain Dew so lbrought in Coke's version, Mello Yellow. Other. requests were d.nions,.Goldfis . h and Sprite Zero that have been added to our menu. Cdstorners love the :fact that I offer half and half as well as,HAzelnut and/or Vanilla Creamer. Even, the dog walkers appreciate that they can come to the concession stand for a bowl of water for their dog. 0 Concession stands have.always been the "gotolf place. when anyone has questions or concerns. Aside from easy tri answer questions like 'Where's the bathroom, lost and fou.n.dor a ceetoln field?" it has been my pleasure to relay any qt4estions.or concerns that park visitors may have to Jim Cregge. WRB Concessions RFP 18-PR0I Milton Park & Recreation, Concession Operations for Bell Mernorla'l park Bell Memorial Park, 15245 Bell Park Rd, Milton, GA Sept '2015 — present,. J im.Cregge, Director, Parks -and Recreation, 618-242-2489 'City of Alpharetta, WIN Park Pool, 1815 Old Milton Parkway, Alpharetta, GA May 2018 —Sept 2018, Christine Young, Recreation S.erVices Ma'nager,,678-297-6154 City of Milton Pool, 1785 Dihn.ore Rd, Milton, GA,, Stephanie Mj natt, swim meet coordinator, S.mynatt@comcast*.net WFB Concessions. RFP 18=PR0A, M . i(ion Park 9 Recreation Conces§ion Operations for Bell .Mbm'orial, P.a'rk Hamburge'rs. Cheeseburgers ' ' Hot Dog Hamburger Combo Cheeseburger Combo Hot D , og Combo Pretzel Pretzel with Cheese Nacho. and Cheese, Popcorn ' Peanuts (no shelfs*1 Fruit Snacks Reef Jerky Candy Chip$ Gold Fish Gum Ice Cream Novelties Dippin' Dots SlYsih Puppies Coffee Hot Chocolate !Coca Cola $Qda PoWerade Pasani water Lemonade Gold *Peak Tea Prices include sales tax $3.25 $3.75 $2.25 $6.50 $7.00 $550 $3.0G' $3.50 $3.50 $1.50 '$1.25 $1,25 $3.75 $1.25 $1.25 $1.25 25 $2.00'-.$335 $4.00 $2,00, 5100; $4.00 $2.00-'$2.00 $L75 $2.00. poo. ,52:00 $2.25 Urnpiros. and Officials get their food and dri*hks for free W.PB cohcesslons V MIST SE.RETURN,ED WITH Bli RFFIB-PROT One (I I original and two (2) copies shall be submitted in a separate sealed envelope before the reqUired deadline. The offeror's cost proposal shall be signed by an authorized agent -of the -company. There is no Maximum page I . Irnit . to Sectibn 5. The undersigned bidder., having familiarized, themselves with'the work required. by the RFP, the bid documents, the site where thework is to be performed, all laws, regulations,. and other.factors affecting performance of the work, and having satisfied itseff/hirnself/herself -6f thc expertise e and difficutfies'attendin ', ppfformance of the work, Hereby proposes and agrees, if thisbidfor theabove named I project is accepted td enter into -a contractto. perform all work necessary to the successful com pleflon of :the contrd'ctrind'. to tupply all required submittals as indicated or specified in: the RFP and the bid. documents to be perform. ed or2, furnished by bidder for the total contractpriceof: Monthly Fee-, $,. 0 OR GrossROvenue.Percentage. 3 AD Orbit Total Fee, in Words; A- Pdnt/Ty ck".& �_Ah-�d or(Z .pe -Company Name: W" pate J�C) �11? Pndnt/Type-Name�3 r�K-N Print/Type1itle Sadler Sports: SODA Ac ?" DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/26/2018 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED; the policy(les) must be endorsed. IfSUBROGATION IS WAIVED, subject to theterms and conditions ofthe policy, certain policies may require an endorsement. A statement on this certificate does not conferrights to the certificate holder in lieu of such endomement(s). PRODUCER SADLER & COMPANY, INC. P,Q. BOX 5868 COLUMBIA, SOUTH CAROLINA 29250-5856 CONTACT NAME: Sports Dept PHONE (AIC, No, Ext): BOD -622-7370 I FAX (A/ C, No): 803.256-4017 E- MAIL ADDRESS: soda(gsadlemports.com PRODUCER CUSTOMER ID#: INSURED D7 B/.A SPORTSPLEX OPERATORS AND DEVELOPERS. ASSOCIATION WANNA PLAY BASEBALL INC. 101 COUNTRY ACRES LN CANTON, GA 30115 Club* 44595 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: NATIONAL CASUALTY COMPANY 1.7997 INSURER B: NATIONWIDE LIFE INSURANCE COMPANY 66869 INSURER c: INSURER D; c %JvctvAkoca GtK.i IhitSA 1 t NUM6tR REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED; NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES: DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN A MAY HAVE BEEN REDUCED BY PAID CLAIMS. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. TYPE OF INSURANCE ADDL SUBR POLICY NUMBER P DY EFF POLICY EXP LIMITS INSR. WVD IMML=IYYYY) (MM/DD/YYYY) A GENERAL LIABILITY ®COMMERCIAL GENERAL LIABILITY X X EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 []CLAIMS MADE 2OCCUR ❑ GEN'L AGGREGATE LIMITAPPLIES PER: 6L KRO 71901-00 12:01AM ET 03/11/2018 12:01AM ET 03/11/2019 MEDICpaAL EXPENSES (other than $5,000 partici❑ PERSONAL &ADV INJURY $2,000,000 GENERAL AGGREGATE NONE ❑POLICY []PROJECT ❑LOC ❑.OTHER PRODUCTS- COMP/OP AGG $2,000,000 LEGAL LIAB TO PARTICIPANTS $2,000,000 AUTOMOBILE LIABILITY [:]ANYAUTO COMBINED SINGLE LIMIT (Ea $1;000,000 Accident) BODILY INJURY (Per person) ❑ALL OWNED AUTOS ❑SCHEDULED AUTOS n/ a n1 a n/ a ❑HIRED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) ❑ NON- OWNED AUTOS A ❑SEXUAL ABUSE I MOLESTATION EACH OCCURRENCE $1,000,000 n/ a n/ a n/ a AGGREGATE $2,000,000 C ❑UMBRELLALIAB ❑OCCUR EACH OCCURRENCE No ®EXCESSLIAB CLAIMS -MADE ❑DEDUCTIBLE n/ a n/ a n/ a AGGREGATE ❑RETENTION WORKERS COMPENSATION AND ❑ PER STATUE EMPLOYERS' LIABILITY ANY PROPRIETOR / PARTNER / []OTHER E'.L, EACH ACCIDENT EXECUTIVE OFFICER I MEMBER YIN EXCLUDED? F (Mandatory in NH) N/A E.L. DISEASE- EA EOMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS. below E.L.. DISEASE- POLICY LIMIT B I PARTICIPANT ACCIDENT 6AJXS 12:01AM ET 12:01AM ET EXCESS MEDICAL. $100,000 285735-00- Y 03/11/2018 03111/2019 AD&D ss,000 DESCRIPTION OF OPERATIONS /LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule, maybe attached if more space is required) The General Liability policy, If included above, is part of the ERS Risk Purchasing Group Association, Inc. RE: COVERED Team(s) - Youth - Accident & General Liability Baseball - 1 Team(s) - [Maximum 18 players per team] Team Names: ECB Atec (Accident Package Youth Team; $100,000 Excess Medical; $5,000 Accidental Death or Dismemberment; $250 per deductible) (General Liability Package Youth Team: $2,000,000 Each Occurrence; $2,000,000 Legal Liability to Participants. Waiver/ Release Recommended) BELL MEMORIAL PARK, INCLUDING CONCESSION OPERATIONS NOTE: The Participant Accident policy, if Included above, Is not apart of the ERS Risk Purchasing Group Association, Inc. WAIVER OF RIGHT OF RECOVERY: We waiver all rights of recovery when you have agreed to waive your rights when required by a written contract. However, this provision only applies if the written contractwas executed prior to the date offhe"occurence", The cartificers holder is added as an additional Insured, but only with respect to the liability arising out of the operations of the insured above. CERTIFICATE HOLDER CANCELLATION RELATIONSHIP: Property Owner/ Lessor SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (company A) City of Milton 2006 Heritage Walk AUTHORIZED REPRESENTATIVE (company e) Milton, GA 30004, GA 30004 Coverage Is only extended to U.S. events and netivities "NOTICE TO TEXAS INSUREDS: The Insurer for the purchasing group may not he subject. to all the insurance laws and. regulations ofthe.$lal. of Toxas. ACORD 25 (2014101) O 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Sadler Sports: SODA ENDORSEMENT NO. 0000 ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE 1 (12:01 A.M. STANDARD TIME) NAMED INSURED IWANNA AGENT NO, I 16L KRO 71901-00 102/09/2018 PLAY BASEBALL INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS OWNERS AND/ OR LESSORS OF PREMISES, SPONSORS OR CO- PROMOTERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The policy is amended to include as an additional Insured any person or organization of the types indicated by an "X" in any boxes shown below, but only with respect to liability arising out of your operations: (X] Owners and/ or lessors of the premises ]eased, rented, or loaned to you, subject to the following additional exclusions: a. This insurance applies only to an "occurrence" which takes place while you are a tenant in the premises; b. This insurance does not apply to "bodily injury" or "property damage" resulting from structural alterations, new construction or demolition operations performed by or on behalf of the owner and/ or lessor of the premises; c. This insurance does not apply to liability of the owners and/ or lessors for "bodily injury" or "property damage" arising out of any design defect or structural maintenance of the premises or loss caused by a premises defect. With respect to any additional insured included under this policy, this insurance does not apply to any negligence of such additional insured, [X] Sponsors [X] Co- Promoters [X] Any individual person(s) or organization(s) listed below COACHES, OFFICIALS AND VOLUNTEERS WHILE ACTING WITHIN THE SCOPE OF THEIR DUTIES FOR THE INSURED. KR- GL -56 (4-07) Page I of I EXHIBIT "C" STATE OF fe t 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. $ 13-10-9l(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 1 1 I 2—v ) I V Date of Authorization Wanna Play Baseball, Inc. Name of Contractor Concession Operations for Bell Memorial Park Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is trliqj and correct. Executed on N 01' Z , 20 (gin M ► [ )-o n(city), /a' (state). Si ature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 2' DAY OF [NOT5R3'%E#DT4 �i �%J •o BER 1 i ;�• �0; My Commission ,p ..N�.t, 711111111% %` STATE OF _ COUNTY OF EXHIBIT "D" 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 Wanna Play Baseball, Inc. (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 Concession Operations for Bell Memorial Park 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: The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: See Exhibit B M I tT 0 N11�* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: ember 13, 2018 FROM: Steven Krokoff, City Manage (2) AGENDA ITEM: Approval of an Agreement between the City of Milton and AT&T for FirstNet Wireless Communication Services. MEETING DATE: Monday, November 19, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,KAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (AYES () NO CITY ATTORNEY REVIEW REQUIRED: (.KYES () NO APPROVAL BY CITY ATTORNEY: (q, -APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: I1114120K6 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: David Frizzell, IT Manager Date: Submitted on November 8, 2018 for First Presentation on the November 19, 2018 Regular City Council Meeting. Agenda Item: Approval of an agreement between the City of Milton and AT&T for FirstNet wireless communication services _____________________________________________________________________________________ Department Recommendation: The IT Department recommends approval Executive Summary: AT&T, in association with the Georgia Technology Authority, has developed a communications network that merges cellular and radio communications onto a common platform. Use of this network improves communications between first responders and critical infrastructure services, and also provides priority service during large-scale emergencies. Funding and Fiscal Impact: None. The city would replace its current Verizon cellular devices with comparable AT&T devices that are supported by the FirstNet network. In regard to city radios, there would be cost savings for those purchasing new cell phones instead of Motorola radios. Alternatives: The city currently has priority service through its Verizon cellular devices, but this network does not support the full features of the FirstNet network and radio integration. Legal Review: (Sam VanVolkenburgh), Jarrard & Davis (November 8, 2018) Concurrent Review: Steve Krokoff, City Manager Attachment(s): AT&T FirstNet – Full State and GTA Agreement.pdf Contract Number: 9800-GTA794-A GEORGIA TECHNOLOGY AUTHORITY ENTERPRISE AGREEMENT FOR SERVICES AND DEVICES TO PROVIDE THESERVICE Appendix H to RFP 9800-GTA794 This Agreement is made by and between the Georgia Technology Authority and AT&T Mobility National Accounts LLC., whose principal place of business is located at 2180 Lake Blvd, NE Suite 8B56, Atlanta, GA 30319 (hereinafter referred to as "Contractor"). The Effective date is December 30, 2013. Scoae of Services. Contractor agrees to provide to GTA and to the procuring Agencies the "Services" and associated "Devices) necessary to provide the "Services", as described in the Request for Proposal Number 9800-GTA794, soliciting proposals for Wireless Communication Devices and Services ("RFP") and the Contractor's Proposal in response thereto. As referred to in this Agreement "Agencies" shall include any and all State of Georgia entities, including but not limited to, departments, agencies, authorities, commissions, boards, college and universities, counties, cities, townships and other political subdivisions of the State. The contractual relationship between Contractor and GTA shall be governed by the following order of precedence: (i) the Contractor's Proposal (excluding any sample agreements attached to such Proposal). (ii) the provisions of this Agreement, including all exhibits attached hereto and incorporated into this Agreement; (iii) the RFP (excluding any sample agreements attached to such RFP); and (iii) No objection or amendment by Contractor to the RFP requirements or to the sample agreement attached to such RFP shall be incorporated by reference in this Agreement unless GTA has accepted such objection or amendment in writing. Any pre-printed contract terms and conditions included on Contractor's forms or invoices shall be null and void; and (iv) the Rules of the GTA, which are incorporated herein by reference. Agencies will be required to execute and Agency Agreement of a form acceptable to GTA and Contractor before Services and devices may be provided under this Agreement. A sample of such an Agency Subscription Agreement is attached to this Agreement as Attachment C. Aaencv Ordering. From time to time an Agency may issue a Purchase Order or other purchase instrument for a purchase of Services, Devices and other Equipment Services, provided hereunder, which purchase instrument shall referto, incorporate by reference and be subject to the pricing, terms and conditions of this Agreement. Contractor agrees to provide to each ordering Agency the Services and/or Devices and other Equipment , in the same manner as it would provide same to GTA, and in such event, the Agency shall be responsible for complying with all the terms and conditions of this Agreement that are applicable to GTA hereunder. Contractor shall invoice each Agency separately and each such Agency shall be solely liable for all Services and/or Devices, ordered or purchased under this Agreement or any purchase instrument issued by the Agency. GTA shall have no liability for any amounts owed to Contractor by other Agencies. GTA and A1'&'P Mobility9800-GTA794•A Wireless Agreement Pagelof 30 [Rev 08-2013] Contract Number: 9800-GTA794-A 3. List Plans and Reports. 1. . Contractor shall obtain consent to the release of any required reporting information generally deemed GTA or an Agency Proprietary network Information [CPNIj from the entities that purchase under this Agreement. The reporting information is for purposes of monitoring the contract and calculating the fees that are due and payable to GTA for administering the contract; providing accurate spend data to various internal employees; the Georgia State Legislation and any other entity that GTA is required by law to provide. Contractor shall provide the following Reports to GTA at least quarterly, or upon request. Entities have the right to decline to release this information, however, they may not purchase under this Agreement if they refuse to sign the release of the CPNI information. a.) Report i. Phone type ii. User name/Agency iii .Issued Quarterly iv. Dollar amount(s) 4. Term and Renewal. The "Term" of this Agreement shall begin on the Effective Date and end on June 30, 2017. Thereafter, the Agreement may be renewed upon mutual agreement by Contractor and GTA on a year to year basis for up to Five (5) fiscal year periods (July 1 — June 30). The terms and conditions of this Agreement shall apply during any renewals of the Term. The term of the Services and / or Devices ordered by Agencies hereunder shall begin on receipt of a Purchase Order from each procuring Agency and end upon the completion of the then current fiscal year. 5. Pricing and Payment. 5.1 Pricina and B[Iling. Pricing and procedures far billing and payment for Services and Devices shall be as specified in the RFP and the Proposal. 5.2 Pavment. Each Agency agrees fo pay Contractor for all undisputed amounts within thirtY (30) days of receipt of invoice, provided that Services and Devices have been accepted by the Agency as hereinafter provided. No late payment or interest shall accrue on past -due amounts. 6. Acceptance of Services and Devices and other Eauipment. Contractor shall perform any Sorvices and deliver any Device in accordance with the schedule set forth in this Agreement or the time specified in a Purchase Order issued by GTA or the Agency (whichever is later). Unless otherwise agreed to by Contractor and the Agency, Contractor shall provide written notification of performance of any Services and delivery of any Device, to GTA or to the Agency ("Delivery Notice"). GTA or the Agency shall have thirty (30) days from the date of receipt of the Delivery Notice to provide Contractor with written notification of acceptance or rejection due to unsatisfactory performance. Acceptance by GTA or the Agency may only be accomplished by an affirmative act on the part of GTA or the Agency pursuant to this Section and the failure of GTA and AT&TMobility 9800-GTA794-A Wircicss Agreement Pagc 2 of 30 [Rev OS -2013] Contract Number: 9800-GTA794-A GTA or the Agency to issue an acceptance notice shall not be deemed an acceptance of fhe Services, Device or any portion thereof; however, lack of notice of acceptance or rejection by GTA or the Agency within sixty (60) days from the receipt of the Delivery Notice shall constitute acceptance of the Device or Service. In the event GTA or the Agency issues a rejection notice, Contractor shall, as quickly as is practicable, correct at its expense all deficiencies caused by Contractor. 7. Warranfv. Contractor warrants that in providing the device and performing the services during the Term: a. Contractor will strictly comply with the descriptions and representations as to the Device and Services (including performance, capabilities, accuracy, completeness, characteristics; specifications, configurations, standards, functions and requirements) which appear herein and Contractor will perform the Services on time: b. In addition to any express and implied warranties provided under law or given under other provisions of this Agreement, Contractor hereby expressly warrants that the Services to be performed hereunder will be performed in a workmanlike manner, subject to the supervision and instructions provided by the Agency, and that al work assigned will be performed in a manner consistent with that level of care and skill ordinarily exercised by other providers of similar services undersimilar circumstances at the time Services were provided; c. The Contractor Sales and Product specialist will assist GTA or the Agency to select the best products and services listed on the Contractor's web site on the GTA web page. Contractor shall provide Devices and other products, if any, will conform to generally applicable standards in the industry. Contractor warrants they have the right to resell and pass through all manufacture warranties to the end user whether at GTA or an Agency. d. The Device and Services will not be in violation of any applicable law, rule, or regulation, and Contractor will obtain all permits and licenses required to comply with such laws and regulations; e. The Device and Services will not violate or in anyway infringe upon the rights of third parties, including proprietary information and non -disclosure rights, or any Intellectual Property rights. As used herein "Intellectual Property" shall mean any and all know-how, inventions, patents, copyrights, models, designs, trademarks, trade dress, trade secrets, discoveries, regulatory filings, or other information (Whether or not patentable and whether or not in tangible or intangible form), and any other industrial or proprietary rights, and any documentation relating thereto, and any and all applications for any of the foregoing, whether or not registered as of the Effective Date or any later date; f. Contractor is the lawful owner or licensee of all software, hardware, methods, methodologies and any pre-existing Intellectual Property used in the performance of the Services contemplated hereunder and Contractor has the right to permit GTA or the Agency access to or uses of such software, hardware, methods, methodologies and Intellectual Property; g. Contractor shall assign to GTA or to the Agency the manufactures' warranties for material furnished to GTA or to the Agency; h. All software present in the Devices or other Equipment and any update or revision GTA anA AT&T Mobility 9800-GTA794-A Wireless Agreement Nage 3 of 30 [Rev OS -20I3] Contract Number: 9800-GTA794-A to any such software will be free from defects and will meet all specifications set for in the Agreement and any documents referenced therein. Contractor will, without charge to GTA or to the Agency, correct any defects and make any fixes, additions, modifications or adjustments to any of such software or any update or revision to such software as may be necessary to keep the software in operating order in accordance with specifications at all times during the applicable warranty period. 8. Works Made for Hire. 8.1 If, as a result of or in the course of any consulting or professional Services rendered to GTA or the Agency by Contractor or any employee or employees of Contractor during the term of this Agreement, Contractor produces or develops any tangible and/or intangible output or Intellectual Property, then any and all such output and Intellectual Property shall be deemed to be "works made for hire' as defined under federal laws pertaining to copyright protection, as it may be amended from time to time. As such, GTA or the Agency shall be considered to be the author and owner of such Intellectual Property, whether or not the Services were rendered at GTA orthe Agency's site; made, conceived or devised solely by Contractor or jointly with others; and/or completed or uncompleted. Contractor here within assigns to GTA or to the Agency all rights in such works made for hire and all Intellectual Property in the works made for hire. Further, Contractor shall (and will ensure that Contractor's employees and subcontractors shall) supply all assistance reasonably requested in securing for GTA or the Agency's benefit any patent, copyright, trademark, service mark, license, right or the evidence of ownership of any such work made for hire and any such Intellectual Property, and will provide full information and cooperation regarding any such item and execute all appropriate documentation prepared by GTA or the Agency in applying or otherwise registering, in GTA or the Agency's name all right to any such item without any further consideration. GTA or the Agency does not grant any licenses to Contractor to use any works made for hire or Intellectual Property developed under this Agreement. Contractor agrees that it will not provide to its other clients and GTA or an Agency's, nor use in any way in the course of later engagements, the works made for hire and Intellectual Property created for and delivered to GTA or to the Agency pursuant to this Agreement. 8.2 The terms of this provision shall survive the termination of this Agreement by either party for any reason. 9. Personnel. a. All of Contractor's or a subcontractor's personnel shall comply with GTA or the Agency's reasonable confidentiality and security requirements while on GTR's or the Agency's premises. In the event that any of Contractor's or a subcontractor's personnel do not comply with such confidentiality and security requirements, GTA or the Agency, in its sole reasonable discretion, may have the personnel removed from the premises b. If GTA or the Agency believes that the performance or conduct of any person employed or retained by Contractor to perform any Services hereunder is GTA and AT&T Mobility 9800-GTA794-A Wircicss Agreement Pagc 4 of 36 [Rcv 08-2013] Contract Number: 9800-GTA794-A unsatisfactory for any reason or is not in compliance with the provision of this Agreement, GTA or the Agency shall so notify Contractor in writing and Contractor shall promptly address the performance or conduct of such person, or at GTA or the Agency's reasonable request, immediately replace such person with another person acceptable to GTA or the Agency and with sufficient knowledge and expertise to perform the Services in accordance with this Agreement. Any decision to remove such person will not be based on disability, age, sex, religion, national origin, race, color or veteran statue. Or otherwise in violation of federal, state or local law. c. Contractor warrants that all persons assigned by it to the performance of this Agreement shall be employees of authorized subcontractor of contractor and shall be fully qualified to work under this Agreement. Contractor shall ensure that an adequate number of appropriately qualified personnel are employed and available to provide the Deliverable and Services in accordance with the schedule and maintenance requirements set forth in the RFP and this Agreement. d. With respect to any Contractor personnel designated as "Key Personnel", the assignment of such Key Personnel to perform the Services will be continuous throughout the term of the Agreement, except as approved by GTA or in the case of the termination of employment of any such Key Personnel. Designation of Key Personnel and maintenance is essential to the Services offered pursuant to this Agreement, The parties further agree that should any such Key Personnel no longer be employed by Contractor during the term of this Agreement, for whatever reason, GTA shall have the right to approve their replacements or terminate this Agreement on thirty (30) days written notice. Any decision to remove Key Personnel will not be based on disability, age, sex, religion, national origin, race, color or veteran status, or otherwise in violation of federal, state or local law. 10. Confidential Information. a. The parties acknowledge that in orderto perform the service obligations called far in this Agreement, it may be necessary to disclose to each other certain confidential information ("Confidential Information"). Each party agrees that it shall not disclose, transfer, use, copy, or allow access to any such Confidential Information to any employees or to any third parties excepting those who have a need to know such Confidential Information in order to allow Contractor to perform the Services and who have executed a nondisclosure agreement consistent with the provisions hereof. b. Neither party shall have any obligation of confidentiality with respect to any information which: (i) is or becomes (through no improper action or inaction of the receiving party or any of its affiliates, agents, consultants or employees) generally available to the public; (ii) can be demonstrated by the receiving party to have been in its possession or known by it prior to the receipt under this Agreement; (iii) is rightfully disclosed to the receiving party by a third party without restriction; (iv) is disclosed by the receiving party with the written approval of the disclosing party; (v) is developed independently by the receiving party; or (vi) is obligated to be disclosed by order of a court of competent jurisdiction. CTA and AT&T Mobility 9RUU-GTA794-A Wireless Agreement Page5or30 [Rev UR -2U 13] Contract Number: 9800-GTA794-A c. Notwithstanding the foregoing, GTA's obligations hereunder shall be subject to the provisions of the Georgia Open Records Act (O.C.G.A. §50-18-70 et seq.), as it may be amended from time to time. 11. License and Ownership. a. License. Software, including applications, that is installed on the Devices and Equipment provided under this Agreement are governed by the terms and conditions that ship with the Devices. Any software, including applications, downloaded by the GTA onto such Devices and Equipment is governed by the terms and conditions applicable to such software. b. Exclusions. Except as expressly permittedbythisAgreement,GTAoftheAgencyagrees that it will not: (i) lease, loan, resell, sublicense, or otherwise distribute the software to parties who are not State of Georgia government entities; (ii) permit third -party access to, or use of, the software, except as permitted in this Agreement; (iii) create derivative works based on the software; (v) reverse engineer, disassemble, or decompile the software; (vi) remove any identification or notices contained on the software. GTA or the Agency will notify Contractor if GTA or the Agency becomes aware of any unauthorized third party access to, or use of, the software. c. Ownership. Title to the Devices, Equipment and other deliverables shall remain with the Contractor until they are accepted by GTA or the Agency in accordance with Section 5 above, provided that Contractor shall retain all right, title and interest in the software and any accompanying documentation. 12. Indemnification. Contractor hereby agrees to indemnify, protect and save harmless the State of Georgia, ,GTA, each procuring Agency and the officers, directors and employees of each (hereinafter collectively referred to as "Indemnitees"), of and from any and all claims, demands, liabilities, losses, , costs or expenses (including court costs, reasonable attorneys' fees, and reasonable value of the time spent by the Attorney General's office) for bodily injury, property damage and attorney's fees related thereto to the extent caused by gross negeligence or willful misconduct of Contractor, its agents, employees, subcontractors, or others working at the direction or on behalf of Contractor, as provide in this Section. a. Contractor hereby waives, releases, relinquishes, discharges and agrees to indemnify, protect and save harmless the Indemnitees, of and from any and all claims, demands, liabilities, losses, costs or expenses (including court costs, reasonable attorneys' fees, and reasonable value of the time spent by the Attorney General's office), made by any third party alleging that any Devices or other Equipment or Service, as provided by Contractor, infringes a third party's Intellectual Property rights. Contractor shall be under no obligation to defend or indemnify the Indemnitees as set forth in this Section if such third party claim, suit, or other demand arises out of or relates to (i) Contractor's compliance with GTA or the Agency's specifications, (ii) a combination of the Services, Devices or other Equipment with products or services not provided by Contractor or other than in accordance with applicable GTA and AT&T Mobility 9800-GTA794-A Wireless Agreement Paget of 30 [Rev 08-2013] Contract Number: 98MGTA794-A manufacturer's specifications (iii) information, data, or other content not provided by Contractor unless otherwise approved by Contractor or consistent with the terms of this Agreement. With respect to any pending or threatened claim, suitor other demand as to which Contractor is the indemnifying party, Contractor shall obtain for GTA, or the Agency at Contractor's option and expense, the right to continue using the work product, deliverable, Service, Device or other Equipment or alternatively replace or modify the work product, deliverable, Service, Device or other Equipment so that they are functionally equivalent but non -infringing, provided their performance is not adversely and materially affected. bI If and to the extent such damage or loss as covered by this Indemnification provision is covered by the State of Georgia Tort Claims Trust Fund (the "Fund"), Contractor agrees to reimburse the Fund. To the full extent permitted by the Constitutions and the laws of the State of Georgia and the terms of the Fund, Contractor and its insured waive any right of subrogation against the State of Georgia, the Indemnitees and the Fund and insurers participating hereunder, to the full extent of this indemnification. c. Contractor shall, at its sole expense, be entitled to and shat) have the duty to participate in the defense of any suit against the Indemnitees. No settlement or compromise of any claim, loss or damage entered into by Indemnitees shall be binding upon Contractor unless approved in writing by Contractor. Upon Contractor's request and subject to approval of the Attorney General of the State of Georgia, GTA will tender defense and control of any such action to Contractor, provided that no settlement or compromise of any claim, loss or damage entered into by Contractor shall be binding upon the State of Georgia unless approved in writing by the State of Georgia. d. Contractor's obligation to indemnify any Indemnitee will survive the expiration or termination of this Agreement by either party for any reason. 13. Termination. A. Termination for Default. Each party has the right to terminate this Agreement in whole oI in part, if the other party breaches or is in default of any material obligation, which default is incapable of cure, orwhich, being capable of cure, has not been cured within ten (10) days after receipt of notice of such default (or such additional cure period as the nondefaulting party may authorize without limiting the generality of the foregoing, the occurrence of any one or more of the following events shall constitute an event of -default: (i) Contractor fails to deliver or has delivered nonconforming Services, Devices, or other Equipment, or fails to perform any material requirement of this Agreement; or (ii) Contractor fails to make substantial and timely progress toward performance of this Agreement; or (iii) Contractor suspends or terminates its operation of business or, to the extent permitted by applicable federal or state law, Contractor becomes subject to any bankruptcy or insolvency proceeding under federal or state law or GTA reasonably believes that Contractor has become insolvent or unable to pay its obligations as they accrue. GTA and AT&T MobiliTy 9800-GTA794A Wireless Agreement Page 7 of 30 [Rcv 08-2013] Contract Number: 9800-GTA794-A B. Notice of Default. If there is an event of default by Contractor, GTA shall provide written notice thereof requesting that the breach or noncompliance be remedied within the time period specified in the notice. If the breach or noncompliance is not remedied by such date, GTA may: (i) Immediately terminate this Agreement, in whole or in part, without additional written notice; (ii) Procure substitute Service, Device or other Equipment, from another source and charge to the Contractor the difference between the pricing set forth in this Agreement and the substitute contract; and/or (iii) Enforce the terms and conditions of this Agreement and seek any contractual, legal or equitable remedies. C. Immediate Termination. GTA may terminate this Agreement, in whole or in part, immediately, without notice, if: (i) GTA deems that such termination is necessary to prevent or protect against fraud or otherwise protect GTA's personnel, facilities or services, or (ii) Contractor is debarred or suspended from performing services on any public contracts, or (iii) any certifications or licenses as may be required hereunder are revoked or no longer in effect for any reason, or (iv) Contractor fails to comply with confidentiality laws or provisions, or (v) Contractor furnished any statement, representation or certification in connection with this Agreement or any applicable bidding process which is materially false, deceptive, incorrect or incomplete. D. Termination for Convenience. GTA may terminate this Agreement, in whole or in part, and without any penalty, for convenience or without cause upon thirty (30) days prior written notice to Contractor E, Termination for Lack of Fundina. The parties acknowledge that institutions of the State of Georgia are prohibited from pledging the credit of the OV as to cause a State agency to incur a financial obligation unless funds to honor the obligation have been lawfully appropriated. If the source of payment for the charges payable hereunder no longer exist or are determined to be insufficient, this Agreement shall terminate immediately and without further obligation of GTA as of that moment. The determination of GTA as to the occurrence of the events stated herein shall be conclusive. F. Effect of Termination. In the event of termination of this Agreement for any reason, GTA will remain liable for only those amounts, if any, incurred up to and including the termination date, subject to appropriations and the payment terms of this Agreement. Upon the termination or expiration of this Agreement: (i) Contractor shall cease all work under this Agreement and take all necessary or appropriate steps to limit disbursements and minimize costs; (ii) Contractor shall comply with GTA's instructions for the timely transfer of any GTA and A'1'&'rMohility 9800-GTA794-A Wircicss Agreement Page 8 of 30 [Rev 08-2013] Contract Number: 9800-GTA794-A active files and work product produced by Contractor underthis Agreement and shall cooperate with GTA or its designee in any transition efforts; and (iii) The parties immediately shall cease using and promptly shall return to each other all papers, materials and other property of the other then in its possession, including but . not limited to all work in progress as is appropriate in its then -existing form (in object code and source code to the extent such work is comprised of software, and in machine readable and printed formats to the extent such work is comprised of documentation), 14, Taxes. a, All fees payable to Contractor hereunder in connection with the provision of the Services, Devices or other Equipment pursuant to this Agreement shall be free of any and all federal excise taxes, and state and local sales and use taxes to the extent GTA is exempt from such taxes.. Upon request, GTA will provide a certificate of tax exemptions which apply to this Agreement. b. By executing this Agreement, Contractor certifies that it either: (i) is registered with the Georgia Department of Revenue, collects and remits State of Georgia sales and use taxes as required by Georgia law; or (ii) is not a "retailer" as defined in O.C.G.A. § 48-8-2. Contractor also acknowledges that GTA may declare this Agreement void or may terminate this Agreement for default if the above certification is false. c. Contractor may impose on GTA additional regulatory fees (such as the Federal Universal Service Fund) which do not fall under the aforementioned exemption, 16 Limitation of Liability. (a) CONTRACTOR'S ENTIRE LIABILITY, AND GTA OR AN AGENCY'S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERROR OR DEFECTS IN THE SERVICE THAT LAST MORE THAN TWENTY-FOUR (24) HOURS, AND NOT CAUSED BY GTA OR AN AGENCY'S NEGLIGENCE, WILL IN NO EVENT EXCEED THE RECURRING SERVICE CHARGES FOR THE PERIOD DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT OCCURS AND CONTINUES, IN NO EVENT SHALL CONTRACTOR BE LIABLE TO GTA OR AN AGENCY FOR ANY DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERROR OR DEFECTS THAT LAST LESS THAN TWENTY FOUR (24) HOURS. (b) NEITHER CONTRACTOR NOR GTA OR AN AGENCY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES, OR INCREASED COST OF OPERATIONS, 16. Insurance. a. Contractor shall procure from carriers eligible to transact business in the State of Georgia insurance which shall protect the Contractor and the State of Georgia from any claims for bodily injury, property damage, or personal injury which may arise out of operations under this Agreement. Contractor shall procure the insurance policies at the Contractor's own expense and shall furnish to GTA an annual insurance certificate listing the State of Georgia as certificate holder. The insurance certificate must document that the liability insurance coverage purchased by the Contractor includes contractual liability coverage In addition, the insurance certificate must provide the following information: GTA and A'f&'f Nubility 9800-GTA794-A Wireless Agreement Pnge 9 of 3D [Rev 08-2013] Contract Number: 9800-GTA794-A (1) Name and address of authorized agent; (2) Name and address of insured; (3) Name of insurance company (eligible to operate in Georgia); (4) Description of coverage in standard terminology; {5) Policy period; (6) Policy Number; (7) Limits of liability; (8) Name and address of certificate holder; (9) Signature of authorized agent; (10) Telephone number of authorized agent; and b. Contractor is required to maintain the following insurance coverages during the Term of this Agreement: (i)Workers Compensation Insurance (Occurrence) in the amounts of the statutory limits established by the General Assembly of the State of Georgia (A self -insurer must submit a certificate from the Georgia Board of Workers Compensation stating that Contractor qualifies to pay its own workers compensation claims.) In addition, Contractor shall require all subcontractors occupying the premises or performing work under this Contract to obtain an insurance certificate showing proof of Workers Compensation Coverage. (ii) Commercial General Liability Policy (Occurrence), to include contractual liability. The Commercial General Liability Policy shall have dollar limits sufficient to insure that there is no gap in coverage between this policy and the Commercial Umbrella Policy described below. (iii) Business Auto Policy (Occurrence) to include but not be limited to liability coverage on any owned, non -owned and hired vehicle used by Contractor or Contractor's personnel in the performance of this Agreement. The Business Automobile Policy shall have dollar limits sufficient to insure that there is no gap in coverage between this policy and the Commercial Umbrella Policy required under this Agreement. (iv) Commercial Umbrella Policy (Occurrence), which must provide the same or broader coverages than those provided for in the above Commercial General Liability and Business Auto Policies. Policy limits for the Commercial Umbrella Policy shall have an annual aggregate limit of $3,000,000. Contractor may use any combination of primary and excess to meet required total limits. (vi} If Contractor is a professional service provider such us (but not limited to) engineers, architectsI lawyers or accountants, then Contractor also shall maintain Professional Liability/Errors & Omissions Policy (Occurrence) with an annual aggregate limit of at least $3,000,000. c. Neither the policy limits nor any other provision of any insurance policy shall be construed as a limitation on the indemnity obligations herein. Contractor shall provide at least 30 days prior written notice to GTA of any cancellation or non renewal of any required coverage that is not replaced. Certificates of Insurance showing such coverage to be in force shall be filed with GTA prior to commencement of any work under this Agreement. The foregoing policies shall be obtained from insurance companies eligible to do business in Georgia and shall be with companies rated at least A- by AM Best. All such coverage shall remain in full force and effect during the Term and any renewal or extension thereof. GTA and AT&T Mobility 9800-GTA794-A Wireless Agreement Page 10 of 30 [Rev 08.2013] Contract Number: 9800-GTA794-A 17. Cooperation and Transition. a. Contractor, its employees, agents, subcontractors and assigns, agree to cooperate fully in the defense of any litigation brought against GTA or Contractor relating to the Services, Devices or other Equipment provided hereunder, and each party shall give the other prompt notice of any such claim, demand, suit or proceeding. b. In the event that GTA enters into agreements with other contractors or government institutions for additional work related to the Services, Devices, or other Equipment provided hereunder, Contractor agrees to cooperate fully with such other parties. Contractor shall not commit any act which will interfere with the work performed by any third party as set forth herein. c. Upon expiration or earlier termination of this Agreemenf or any Services provided hereunder, Contractor shall accomplish a complete transition of the Services from Contractor to GTA, or to any replacement provider designated by GTA, without any interruption of or adverse impact on the Services or any other services provided by third parties. Contractor shall cooperate fully with GTA or such replacement provider and promptly take all steps required to assist in effecting a complete transition. All services related to such transition shall be performed at no additional cost beyond whatwould be paid for the Services hereunder. dI Contractor shall not commit any act which will interfere with the work performed by any such party as set forth herein. 18. Record Retention and Audit Rights. Contractor shall, and shall cause each of its subcontractors to, maintain accurate books, records, documents and other evidence concerning Contractor's financial status, billing and service records regarding the provision of the Service, Devices and other Equipment under this Agreement (collectively, "Records') for the latter of five (5) years afterthe final payment under this Agreement or such period (if any) as is required by applicable statue or for such period (if any) as set forth in the RFP. Contractor's accounting procedures and practices shall conform to generally accepted accounting principles ("GAAP") and the costs properly applicable to this Agreement shall be readily ascertainable therefrom. The State of Georgia, by and through the GTA or State Auditor, shall have the right, exercisable at any reasonable time during normal business hours, to inspect and audit any Records. Upon request, Contractor shall deliver the required documentation and records on the date and at the location specified by GTA or State Auditor or other duly authorized officer of the State of Georgia. 19. Independent Contractor. In its relationship with GTA and the State of Georgia, and for all tax, liability and insurance purposes, Contractor agrees that it is an independent contractor. Contractor shall have the sole right to manage, control and direct the method, manner and means by which the Services are performed. Contractor shall be responsible for compliance with all laws, rules and regulations involving its employees and any subcontractors, including but not limited to employment of labor, hours of labor, health and safety, working conditions, workers' compensation insurance, and payment of wages. Neither Contractor nor any of its agents, servants, employees, subcontractor GTA mid AT&T Mobility 9800-GTA794-A Wireless Agreement Page 11 of 30 [Rev 08-2013] Contract Number: 9800-GTA794-A or suppliers shall become or be deemed to become agents, representatives, or employees of GTA or the State of Georgia. This Agreement shall not be construed so as to create a partnership or joint venture between Contractor and the State of Georgia. Contractor shall not hold itself out to be an employee or agent of GTA or use the name of GTA in its business in any way. 20. Subcontractors, Except as otherwise agreed to in writing by GTA, Contractor shall not subcontract or otherwise permit any third party, other than Contractor or its personnel, to perform Contractor's duties under this Agreement. Notwithstanding the foregoing, Contractor at all times shall remain responsible for the performance, acts or omissions of all of its employees, agents or any permitted subcontractors. GTA shall have the right to request the removal of a subcontractor from this Agreement for good cause, 21. Trading with State Employees. The parties certify that this Agreement does not and will not violate the provisions of O.C.G.A. § 45-10-20, of seq., in any respect. Contractor agrees not to employ any individual whose employment would result in a violation of this law. 22. Drug Free Work Place. If Contractor is an individual, he or she hereby certifies that he or she will not engage in the unlawful sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this Agreement. If Contractor is an entity other than an individual, it hereby certifies that: (a) a drug free work place will be provided for the Contractor's employees during the Term of this Agreement; and (b) it will secure from any subcontractor hired to work in a drug free work place the following written certification: "As part of the subcontracting agreement with (Contractor's Name), (Subcontractor's Name), certifies to Contractor that a drug free work place will be provided for subcontractor's employees during the performance of this Agreement pursuant to O.C.G.A. § 50-24-3." Contractor may be suspended, terminated, or debarred if it is determined that Contractor has made false certification hereinabove or has violated such certification by failure to carry out the requirements of O.C.G.A. § 50-24-3. Contractor may be suspended, termination or debarred if it is discovered that; (a) Contractor has made false certification there within; (b) Contractor has violated such certification by failure to carry out the requirements of the official code of Georgia annotated Section 50-24-3. GTh ¢nd A"1'&T Mobility 9800-GTA794-A Wireless Agreement Pnge 12 of 30 [Rev 08-2013] Contract Number: 9800-GTA794-A 23. Compliance with Laws and this Agreement, a. Each party shall perform its obligations hereunder in accordance with all applicable federal, state and local laws, rules and regulations. Contractor shall obtain and maintain, and shall cause its subcontractors to obtain and maintain all approvals, permissions, permits, licenses, and other documentation required to comply with the requirements set forth in this Agreement and all applicable laws, rules or regulations. b. Certain device, or other equipment, software and technical data which may be provided hereunder may be subject to export and re-export controls underthe U.S. Export Administration Regulations and/or similar regulations of the U.S, or any other country. Contractor shall be responsible for complying with all export and re-export laws and regulations including without limitation: (i) local license or permit requirements, (ii) export, import and customs laws and regulations (such as the export and re-export controls under US Export Administration Regulations and/or similar regulations of the US or any other country) which may apply to certain equipment, software and technical data provided hereunder, and (iii) all applicable foreign corrupt practices acts. c. Contractor certifies that neither Contractor nor any of its subcontractors have been debarred, suspended or declared ineligible by any agency of the State of Georgia or as defined in the Federal Acquisition Regulations 48 C.F.R. Ch. 1 Subpart 9.4. Contractor immediately shall notify GTA if Contractor or any of its subcontractors become debarred by the State or placed on the Consolidated List of Debarred, Suspended, and Ineligible Contractors by any federal entity. 24. Non -exclusivity. This Agreement is entered into solely for the convenience of the State of Georgia, and in no way precludes GTA, the State or any Agency from obtaining like goods or services from other suppliers. 25. Vendor Lobbyist Certification. Contractor hereby certifies that, as ofthe Effective Date of this Agreement, any lobbyist employed by Contractor has registered with the Georgia State Ethics Commission and complied with the requirements of the Executive Order dated October 1, 2003 ("Providing for the Registration and Disclosure of Lobbyists Employed or Retained by Vendors to State Agencies"). This Agreement may be declared void at LTA's sole discretion, if is determined that Contractor has made false certification hereinabove or has violated such certification by failure to carry out the requirements of such Executive Order, 26. Immigration and Security. Contractor hereby certifies that, as of the Effective Date of this Agreement, it complies with the Immigration Reform and Control Act of 1986 (IRAC), D.L. 99-603 and the Georgia Security and Immigration Compliance Act O.C.G.A. § 13-10-90. The form attached hereto as Exhibit B shall be completed by the Contractor certifying compliance with this Act. GTA and AT&T Mobility 9800-GTA794A Wireless Agreement Page 13 of 30 [Rev 08-2013] Contract Number: 9800-GTA794-A 27. Assignment and Delegation. Contractor shall not assign any of its rights or delegate the performance of any of its duties under this Agreement without GTA's priorwritten consent, which shall not be unreasonably withheld or delayed. Any purported assignment or delegation shall be null and void. All assignments of rights are prohibited, whether they are voluntary or involuntary, by merger, consolidation, dissolution, operation of law or any other manner. For the purpose of construing this provision, Contractor's merger or change in control of more than fifty percent (50%) of its direct or indirect legal, beneficial or equitable ownership shall be considered an assignment. 28. Fee for Administrative Services. Contractor agrees to remit to GTA a fee for administrative services ("Fee") as specified below. The prices stated in the Proposal shall include all amounts necessary for Contractor to meet this obligation. Contractor shall factor the Fee into its pricing and shall not separately itemize or invoice for the Fee. a. Contractor shall pay to GTA a Fee equal to one and one half percent (1.5%) of the total dollar amount collected from Agencies for all sales under this Agreement during each Payment Period (excluding sales taxes and adjusted for credits or refunds). Payment for each Payment Period must be received 45 days immediately following the end of the Payment Period. (Example: Payment for the quarterly Payment Period of July —Sept. 2013 is due on or before November 15, 2013. Payments are to be mailed to: Georgia Technology Authority 47 Trinity Avenue, 6th Floor, Atlanta GA 30334 Attention: Accounts Receivable Payments shall be made to the order of the Georgia Technology Authority. If the amount due for a Payment Period is less than ten dollars ($10.00), no payment is required. b. Contractor shall submit a Usage Report for each Payment Period, even if no payment is due for the Payment Period. Usage Reports for each Payment Period must be received 45 days immediately following the end of the Payment Period. (Example: Usage Reportfor the quarterly Payment Period of Jul. — Sept. 20137 is due on or before November 15, 2013. Each Usage Report shall reflect, at a minimum, the following information for the applicable Payment Period: (a) Contractor's name (b) Contract number (c) Payment Period/quarter (d) Total dollar amount invoiced to Agencies (excluding sales taxes and showing any adjustments for credits or refunds) (e) The number, date, and amount of Contractor's check to GTA. GTA may require the Contractor to provide a separate, more detailed Usage Report. Should this be necessary, GTA will work directly with the Contractor to determine the appropriate content and format of the separate report. Separate reports may be required on a quarterly basis. GTA anA AT&T Mobility 9800-GTA794•A Wireless Agreement Pege lq of30 [Rev 08-2013j Contract Number: 9800-GTA794-A c. All amounts that become payable by the Contractor to GTA under this Agreement shall bear simple interest from the day due until paid unless paid within 30 calendar days of becoming due. The interest rate shall be the highest prime rate (as published in The Wall Street Journal) plus two percent (2%) per annum (unless a higher rate is provided by law, but in no event be greater than the maximum interest rate permitted by law), shall be variable, and shall be adjusted effective at the close of business on the day of any change in prime rate. d. Failure to pay any amount due pursuant to this clause may result, in addition to any and all other remedies provided in this Agreement, in law or in equity, in the Contractor's debarment pursuant to O.C.G.A. Section 50-24-5, as amended. 29. Miscellaneous. A. Amendments. The parties recognize and agree that it may be necessary or convenient for the parties to amend this Agreement so as to provide for the orderly implementation of all of the undertakings described herein, and the parties agree to cooperate fully in connection with such amendments if and as necessary. However, no change, modification or amendment to this Agreement shall be valid unless the same is reduced to writing and signed by both parties. B. Headings. The headings in this Agreement have been inserted for convenience only and shall not affect or control the meaning or construction of any of the provisions of this Agreement. The parties may waive this Agreement only by a writing executed by the party or parties againstwhom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition underthis Agreement, and no act, omission or course of dealing between the parties shall operate as a waiver or estoppel of any right, remedy or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other party. C. Severabilifv. All provisions of this Agreement are severable, and the unenforceability or invalidity of any of the provisions will not affect the validity or enforceabili#y of the remaining provisions. The remaining provisions will be construed in such a manner as to carry out the full intention of the parties. D. Remedies. No remedies or rights herein conferred upon fhe parties are intended to be exclusive of any remedy or right provided by law, but each shall be cumulative and shall be in addition to every other remedy or right given hereunder or now or hereafter existing at law or in equity (including the right of specific performance). GTA and AT&T Mobility 980Q-GTA794-A Wireless Agrcemen[ Page l5 of30 [Rev 08-2UI3] Contract Number: 9800-GTA794-A E. Publicitv. Contractor shall not release without GTA's prior written approval any publicity regarding this Agreement, including but not limited to, notices, information, pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contractor, identifying the State of Georgia, the GTA or any state agency receiving goods or services under this Agreement; however, Contractor may reference this Agreement in proposals for other contracts without GTA approval. F. Applicable Law and Venue. The laws of the State of Georgia, U.S.A, without regard to its conflict of laws principles, govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation; construction, performance and enforcement. Any lawsuit or other action based on a claim arising from this Agreement shall be brought in a court or other forum of competent jurisdiction within Fulton County, Georgia including without limitation the federal court with jurisdiction for Fulton County, Georgia. G. Counterparts. The parties may execute this Agreement in multiple counterparts, each of which constitutes an original, and all of which, collectively, constitute only one agreement. The signatures of all of the parties need not appear on the same counterpart, and delivery of an executed counterpart signature page by facsimile is as effective as executing and delivering this Agreement in the presence of the other parties to this Agreement. No party shall be bound by this Agreement until all parties have executed it. 30. Web Site Contractor shall develop a website for the State of Georgia that contains at a minimum the following items. a.) Current contract b.) All Amendments c.) Data Plans d.) Available Devices e.) Anything else for differentiation and product positioning 31. Plans: Sales Information. GTA or an Agency may choose from Voice Service and Wireless Data Service. The pricing, terms and conditions of the Service depend upon the Plan, feature, promotion or other offer selected when Service is activated or changed. AT&T must provide such information on the AT&T website on the GTA web page. Customer is subject to the terms and conditions set forth in separate product briefs and rate brochures and/or (iii) in other AT&T marketing materials printed product materials are referred to collectively in the Agreement as 'Sales Information" and incorporated herein by reference. GTA and AT&T Mo6iliry 9800-GTA794-A Wireless Agreement PTge 16 of30 [Rev OS -2013] Contract Number: 9800-GTA794-A 32. Equipment. Equipment must be compatible with, and not interfere with, the Service and must comply with all applicable laws, rules, and regulations. GTA or an Agency is solely responsible for complying with U.S. Export Control laws and regulations and the import laws and regulations of foreign countries when CRUs are traveling internationally with GTA or an Agency's Equipment, 33. Voice Service Charaes. AIRTIME AND OTHER MEASURED USAGE ("CHARGEABLE TIME") IS BILLED IN FULL -MINUTE INCREMENTS, AND ACTUAL AIRTIME AND USAGE ARE ROUNDED UP TO THE NEXT FULL -MINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES, AT&T CHARGES A FULL MINUTE OF AIRTIME USAGE FOR EVERY FRACTION OF THE LAST MINUTE OF AIRTIME USED ON EACH WIRELESS CALL, UNLESS OTHERWISE PROVIDED IN THE SALES INFORMATION FOR A PARTICULAR PLAN OR FEATURE, MINUTES WILL BE DEPLETED ACCORDING TO USAGE IN THE FOLLOWING ORDER: NIGHTAND WEEKEND MINUTES, MOBILE TO MOBILE MINUTES, ANYTIME MINUTES AND ROLLOVER, EXCEPT THAT MINUTES THAT ARE PART OF BOTH A LIMITED PACKAGE AND AN UNLIMITED PACKAGE WILL NOT BE DEPLETED FROM THE LIMITED PACKAGE. Chargeable Time begins for outgoing calls when pressing SEND (or similar key) and for incoming calls when a signal connection from the caller is established with AT&T's facilities. Chargeable Time ends after pressing END (or similar key), but not until the Equipment's signal of call disconnect is received by AT&T's facilities and the call disconnect signal has been confirmed. 34 Wireless Data Service Charges. DATA TRANSPORT IS CALCULATED 1N KILOBYTE INCREMENTS, INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT FULL -KILOBYTE INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING PURPOSES. AT&T CALCULATES A FULL KILOBYTE OF DATA TRANSPORT FOR EVERY FRACTION OF THE LAST KILOBYTE OF DATA TRANSPORT USED ON EACH DATA SESSION, TRANSPORT IS BILLED EITHER BY THE KILOBYTE ("KB") OR MEGABYTE ("MB"). IF BILLED BY MB, THE FULL KBs CALCULATED FOR EACH DATA SESSION DURING THE BILLING PERIOD ARE TOTALED AND ROUNDED UP TO NEXT FULL MB INCREMENT TO DETERMINE BILLING, IF BILLED BY KB, THE FULL KBs CALCULATED FOR EACH DATA SESSION DURING THE BILLING PERIOD ARE TOTALED TO DETERMINE BILLING, NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, EMAIL NOTIFICATIONS AND RESEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE MEASURED KILOBYTES. Customer is responsible for all Wireless Data Service usage sent through AT&T's wireless network and associated with Equipment regardless of whether the Equipment actually receives the information. Network overhead, software update requests, and resend requests caused by network errors can increase measured kilobytes. If Customer or a CRU chooses to connect Equipment to a PC for use as a wireless modem, standard Wireless Data Service charges will apply in accordance with the corresponding Plan. Usage on networks not owned by AT&T is limited as provided in Customer's Wireless Data Service Plan. Unless designated for international or Canada use, Plan prices and included use apply to access and use on AT&T's wireless network and the wireless networks of other companies with which AT&T has a contractual relationship within the United States and its territories (Puerto Rico and the U.S. Virgin Islands), excluding areas within the Gulf of Mexico. GTA and AT&T Mobifiry 9800-GTA794A Wireless Agreement Page 17 or30 [Rev 08-2013} Contract Number: 9800-GTA794-A 35. Service and Equipment. Customer will follow the policies and processes established by AT&T, set forth in this Agreement or otherwise on the GTA Website at, http://gta.georgia.gov/wireless-communications-devices-and-services to purchase, activate, migrate, terminate, or otherwise modify a Service, including without limitation AT&T mobile services and equipment, as may be modified from time to time. AT&T may reasonably rely on the authority of any person who executes an order on Customer's behalf. 36. Supplemental Services. CONTRACTOR may also make available to GTA or an Agency certain services, features or software applications provided by third parties ("Supplemental Services"), which the third parties have authorized CONTRACTOR to resell to GTA or an Agency and distribute to GTA or an Agency, or provide GTA or an Agency with instructions to obtain, the third party's end user license agreement ("EULA") and associated warranties and/or maintenance service terms, if any. GTA or an Agency acknowledges that (a) GTA or an Agency is subject to the rates, terms and conditions set forth in the applicable Sales Information for the Supplemental Services selected by GTA or an Agency and/or its CRUs, as such rates, (b) GTA or an Agency is also subject to the third party's EULA and other terms and conditions for any Supplemental Service selected by GTA or an Agency and/or its CRU. Supplemental Services are subject to change without notice. 37. Force Maieure. Except far payment of amounts due in regards to Services rendered prior to Force Majeure event. Neither party will be liable for any delay, failure in performance, loss or damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond such party's reasonable control. 38. Changes to Numbers. Except as otherwise provided by law, GTA or an Agency has no property rights to any Number and CONTRACTOR may change any such Number. 39. Fraud Prohibited. GTA or an Agency and its respective CRUS and IRUs (if applicable) will nW t use or assist others to use the Service or Equipment for any unlawful, unauthorized, abusive or fraudulent purpose. GTA or an Agency is responsible for all charges incurred until GTA or an Agency or its CRU reports the theft or loss to Contractor 40. Acceptable Use; Restrictions Regarding Service. Acceptablo Use Policy effective as of the Effective Date of this Agreement is attached hereto in Exhibit E. GTA or an Agency can access this policy at att.com/Acceptable Use Policy. 41. Ownership. CONTRACTOR owns or leases the exclusive rights to the frequencies related to the Service, Numbers and transmission facilities used by CONTRACTOR in the provision of Service to CONTRACTOR GTR or an Agency's. FCC regulations strictly forbid any party that is not a wireless communications licensee from altering, enhancing or maintaining cellular radio signals. FCC regulations require Contractor to maintain control over any transmitting device that operates within Contractor's assigned frequencies. Neither GTA or an Agency nor any of its Affiliates may install any amplifier, enhancer, repeater or other device or system on Contractor's wireless network or frequencies without Contractor's prior written approval. GTA and A'r&'1' Mobility 9800-GTA7944-A Wireless Agreement Pnge t8 0£30 [Rev 08-2013] Contract Number: 9800-GTA794-A 42. Content. GTA or an Agency is solely responsible for all content that it permits to be posted or transmitted onto or through the Service or any of Contractor's systems, including materials, code, data, text (whether or not perceptible by End Users), multimedia information (including but not limited to sound, data, audio, video, graphics, photographs, or artwork), e-mail, chat room content, bulletin board postings, or any other items or materials accessible through the Service or any of Contractor's systems ("Content"). GTA or an Agency has sole responsibility for any losses, resulting from GTA or an Agency's or CRUS' downloading, access to, or use of any third - party Content, or from GTA or an Agency's or CRUs' access to or use of the Service or the Internet, in any manner and for any purpose whatsoever. In providing Service, Contractor may permit End Users to transmit, receive and host content over its network and the Internet and may act as a "services provider" as defined in the Digital Millennium Copyright Act, 43. Listing of Attachments and Exhibits ATTACHMENT A—RFP 98000-GTA794 2. ATTACHMENT B — AT&T RESPONSE TO THE RFP 3. ATTACHMENT C — AGENCY SUBSCRIPTION AGREEMENT 4. ATTACHMENT D— E -VERIFY FORM 5. ATTACHMENT E — ACCEPTABLE USE POLICY 6. ATTACHMENT F— E -- RATE RIDER 44. Entire Agreement. This Agreement, including the documents identified in the order of precedence set forth in Section 1 and all exhibits and documents incorporated hereunder constitute the final agreement between the parties. It is the complete and exclusive expression of the parties' agreement on the subject matter and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. The provisions of this Agreement may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In entering into this Agreement, neither party has relied upon any statement, representation, warranty or agreement of the other party except for those expressly contained in this Agreement and the documents incorporated herein. There are no conditions precedents to the effectiveness of this Agreement, other than those expressly stated in this Agreement. GTA and A'C&T Mobility 9800-GTA794-A Wireless Agreement Page 19 of 30 [Rev OR -2013] Contract Number: 9800-GTA794-A IN WITNESS WHEREOF the parties have caused the authorized representatives of each to execute this Agreement as of the Effective Date specified above. GEO/RGIA TECHNOLOGY AUTHORITY By: Name: °Iff. c.s a 5 s= Ai By: Nar Sr. Contract Manager Title: Any notice required or permitted under this Agreement will be sent to the Contract Representative named below, and shall be effective upon receipt as demonstrated by reliable written confirmation (for example, certified mail receipt, courier receipt or facsimile receipt confirmation sheet.) Each party will notify the other if their Contract Representative changes. Geor is Technolo Authorit CONTRACTOR Services Inc 47 Trinity Avenue, 3r Floor 2180 Lake Blvd. NE Ste 8B56 Atlanta GA 30334-9006 Atlanta, GA 30319 Attn: Contract Management Attn: Keith De Ca Email address: contracts ta. a. ov Email address: kd7952@att.com Telephone Number: (404) 463- 2300 Telephone Number: (404) 829- 6679 Fax Number: 404 651-5333 The rest of this page is intentionally left blank GTA and AT&T Mobility 9800-GTA794-A Wireless Agreement Yage 20 of 30 [Rev OB -2013] Contract Number: 9800-GTA794-A ATTACHMENT A RFP 98000-GTA794 Adobe Acrobat Document GTA and AT&T Mobiliq9800-GTA794-A Wireless Agrecment Page 2I of 30 [Rev OS -2013] 1 State of Georgia The Georgia Technology Authority REQUEST FOR PROPOSAL (RFP) Wireless Communication Services RFP No. 9800-GTA794, subsequent to RFQC 9800-0000000794 Sealed Proposals Due By: 10/03/2013, 2:00 PM Eastern Daylight Savings Time Submit Proposal to: Georgia Technology Authority Procurement Management Office 47 Trinity Avenue, 3rd Floor Atlanta, GA 30334 404-463-2300 Attn: Nanci Glazer Gay, GTA Issuing Officer For all inquiries relating to content of this RFP, contact: GTA, Procurement Management Office Nanci Glazer-Gay, GTA Issuing Officer Email: Nanci.glazer-gay@gta.ga.gov 2 Table of Contents 1. Introduction 2. General Requirements 3. Requirements 4. Proposal Submission 5. Evaluation Appendices Appendix A, Schedule of Events Appendix B, Technical Requirements Response Worksheet Appendix C, Price Response Worksheet Appendix D, Qualified Contractor’s Information Appendix E, Proposal Certification Letter Appendix F, Statement of Responsibility Certification Form Appendix G, Sales and Use Tax Compliance Form Appendix H, Agreement Appendix I, GTA Protest Policy Appendix J, Glossary (to be sent under separate mailing) Appendix K, Quarterly Device Report- Sample Appendix L, Security and Immigration Form 1 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 1.0 Introduction 1.1 Purpose of Procurement The purpose of this Request for Proposal (“RFP”) is to acquire Wireless Communications Services from Qualified Contractors as previously identified in RFQC 9800 -0000000794. It is the expectation that volume sales will result in substantial discounts for State of Georgia recognized governmental entities (as that term is defined in Section 1.2.2 below). Georgia Technology Authority (GTA) intends to award Agreements to multiple Qualified Contractors. This RFP will provide the State of Georgia’s recognized governmental entities a contract vehicle(s) based upon a liberal evaluation of a minimum set of requirements that will result in opportunities to choose from among multiple qualified suppliers. The flexibility envisioned in this initiative will include ample opportunity to include new technologies, products and services as this dynamic part of the information technology sector of the marketplace continues to evolve. 1.2 Overview of Procurement Process 1.2.1 Pursuant to the provisions of Official Code of Georgia Annotated (O.C.G.A.) § 50 -25-7.2 and 50-25-7.3, GTA, by authority conveyed by State of Georgia, Department of Administrative Services (DOAS), State Purchasing Division (SPD), may solicit competitive sealed bids or competitive sealed proposals on behalf of any State of Georgia recognized governmental entity for this particular wireless service technology resource purchase. GTA has determined that the use of competitive sealed bidding will not be practical or advantageous to the State in completing the acquisition of the services and commodities described herein. However, competitive sealed proposals shall be submitted in response hereto in the same manner as competitive sealed bids. 1.2.2 GTA will act as an agent for the procuring State of Georgia recognized governmental entity during the term of the procurement process, and may exercise a ny and all rights, powers and responsibilities available to such State of Georgia recognized governmental entity granted to GTA by the State of Georgia, DOAS, and SPD. After receipt of Offers, GTA may conduct Clarifications, Communications and/or Negotiations, as such terms are defined in the GTA Procurement Manual. As used herein, the term “State of Georgia recognized governmental entity” shall have the meaning to include any city, county, municipality or other political sub-division of the State that agrees to be bound by GTA’s Procurement Manual for the limited purpose of GTA conducting, coordinating or facilitating this technology resource purchase or solicitation on their behalf. 1.3 Background GTA has the statutory responsibility to provide technology leadership for most State of Georgia entities, including selection and adoption of Information Technology policy and standards . GTA intends to establish convenience Agreement(s) with multiple Qualified Contractors (Contractors were qualified under RFQC 9800-0000000794, Wireless Communication Services) for the provision of wireless products and services. Today, State of Georgia recognized governmental entities are acquiring these products and services from previously issued Agreements that have reached the end of their renewal options. The desired outcome will result in the opportunity to realize volume discounts for selected ser vices and product offering flexibility to better serve any State of Georgia recognized governmental entity ’s business requirements. 2 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 2.0 General Requirements 2.1 Communications with State Staff 2.1.1 From the issue date of this RFP until Contract Award or cancellation of this procurement, the Qualified Contractors shall not commu nicate, for any reason, with any State staff, or Qualified Contractors working for the State, regarding this particular procurement, except through the GTA Issuing Officer named herein or his or her designee. In the event that the Qualified Contractor cannot reach the GTA Issuing Officer or believes there would be a conflict with communicating with the Issuing Officer, Qualified Contractor may communicate with GTA’s Procurement Management Office, Director of Procurement. GTA reserves the right to reject the proposal of any Qualified Contractor who violates this provision. 2.1.2 All contacts with GTA Issuing Officer must be in writing. Violation of the foregoing may result in disqualification. No oral conversations or agreements with any officer, agent or employee of GTA or the State regarding this RFP are authorized, and if the same shall occur, they shall not affect or modify any terms of this RFP. No written statements of any persons other than t hose issued by the GTA Issuing Officer shall be binding on GTA, nor shall they affect or modify any terms of this RFP. Qualified Contractors may submit written Questions to the GTA Issuing Officer concerning this RFP by email. Telephone inquiries will not be accepted. Written inquiries received after the deadline for Questions specified in the Appendix A - Schedule of Events, may or may not be accepted or responded to by GTA. Submit all written inquiries to the Issuing Officer at the contact information provided on the cover page of this RFP. 2.1.3 Questions submitted via email should be in MS Word format. Additionally, Question should be submitted in the following table format: QUALIFIED CONTRACTOR’S COMPANY NAME Referenced RFP Section Question 2.1.4 All written Questions and any written responses will be emailed to all Qualified Contractors at the email address submitted on Appendix B – Qualified Contractor’s Information. GTA makes no representations or warranties as to the completeness or accuracy of any re sponse; nor does GTA undertake to answer all Questions asked. Responses to written, emailed Questions are provided for informational purposes only and do not amend or otherwise alter the RFP, unless expressly incorporated into a formal addendum to this RFP. All parties are on notice that this RFP may be amended only by written addenda to this RFP specifically identified as such and issued by the GTA Issuing Officer (See subsection entitled, “Addenda and Supplements to the RFP” below). 2.2 Schedule of Events The anticipated timetable, including the Proposal Due Date and other important dates, are set forth in Error! Reference source not found.. 2.3 Addenda and Supplements to the RFP 2.3.1 This RFP consists of this Request for Proposal and all appendices attached hereto and any written addenda to this RFP specifically identified as such and issued by the GTA Issuing Officer. The procurement rules of GTA as set forth in GTA Procurement Manual are incorporated herein by reference. No other 3 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 information in any form, including any other information posted on the GTA website or on the Georgia Procurement Registry (GPR) website, shall be deemed part of this RFP. 2.3.2 GTA reserves the right to, and may, amend, modify or cancel this RFP without prior notice, at any time, at its sole discretion. In the event that it becomes necessary to revise or supplement any part of this RFP, a written addendum shall be emailed to each of the Qualified Contractors at the email address provided on Appendix A. It is the Qualified Contractor’s responsibility to check their email on a daily basis, as such, the Qualified Contractor will be held accountable for any addenda to the RF P. Qualified Contractors may not discuss GTA requirements, preparation of proposals in response to this RFP, or technical questions with any GTA or State personnel other than the GTA Issuing Officer or as otherwise specified in this RFP. 2.4 Acceptance of RFP Terms Once the proposal due date has passed, a proposal submitted in response to this RFP shall constitute a binding offer. A submission in response to this RFP acknowledges acceptance by the Qualified Contractor of all terms and conditions of participation in this procurement as set forth in this RFP. The Qualified Contractor, by signing the proposal letter, certifies that it accepts all of the terms and conditions of participation in this procurement as set forth in this RFP, in full, without reservations, limitations, assumptions, restrictions, caveats, or any other type of Qualification, except for those exceptions to the Agreement noted in writing and submitted within Qualified Contractor’s Proposal. Further, the cover letter to any GTA-issued addenda to this RFP must be signed and returned with the proposal. 2.5 Costs of Preparation The Qualified Contractor shall be solely responsible for the costs incurred in the preparation of a response to this RFP. 2.6 Contract Award A Notice of Award will be posted to the Georgia Procurement Registry website. Such posting shall constitute official and public notice of a Contract Award. 2.7 Agreement Term The Agreement term will begin upon the Effective Date stated in the final Agreement executed between GTA and the Successful Qualified Contractors. GTA anticipates that the initial term of this Agreement shall be from the Effective Date until June 30, 2015. There may be up to five (5) one-year renewals of the term at the sole discretion of GTA. Renewals are not guaranteed. GTA may elect to exercise one or more options to renew in its sole discretion. Renewals shall only be effective upon an affirmative action of GTA to expressly renew the Agreement. 2.8 Protests Any protest in connection with this procurement must be submitted in strict accordance with GTA Protest Policy, Appendix I. 2.9 Confidential/Proprietary Information 2.9.1 Qualified Contractors are hereby given notice that any and all materials submitted in response to this RFP are subject to the provisions of Georgia’s Open Records Act (O.C.G.A. § 50 -18-70 et seq.). GTA receipt, review, evaluation or any ot her act or o mission concerning any such information shall not create an acceptance by GTA of any obligation or duty to prevent the disclosure of any such information except as required by the Open Records Act. Qualified Contractors who decide to submit, as part of their Technical Proposal, information that they believe should be exempt from disclosure under the Open Records Act, shall clearly mark, with specificity, only those elements of each document they reasonably consider 4 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 confidential as “confidential”, “proprietary” or “exempt”, and state the legal basis for the exemption of each such element with supporting citation(s) to the Georgia Code. 2.9.2 Pursuant to Georgia Law, if any information marked as specified above is re quested under the Open Records Act, GTA shall make a determination as to whether any exemption actually exists for GTA to deny the request for disclosure. GTA will withhold any such information from public disclosure under the Open Records Act only if GTA determines, in its sole discretion, that there is a legal basis to do so. 2.9.3 All information that is not properly identified or marked as specified in the preceding paragraph may be presumed by GTA to be subject to disclosure under the Georgia Open Records Act. Any technical proposal that is marked in its entirety, or in unreasonably large part, as confidential, proprietary and/or exempt may be presumed by GTA to be entirely subject to disclosure under the Georgia Open Records Act without further obligation of GTA to determine what portions of such prop osal may, in fact, be excepted from disclosure. 2.9.4 Notwithstanding anything to the contrary in this section, GTA will not withhold any part of a price proposal or other offer of pricing from disclosure under the Georgia Open Records Act after Contract Award or cancellation of this procurement. 2.9.5 All material submitted regarding this RFP becomes the property of GTA. 2.10 Agreement 2.10.1 References to “GTA” in the following subparagraphs of this Section 2.12 shall mean GTA and/or the applicable signing State of Georgia recognized governmental entity. 2.10.2 GTA’s terms and conditions are set forth in the proposed agreement (Appendix H). Qualified Contractor may submit exceptions or alternative language by clearly identifying all changes in bold or in a manner similar to the MS Word “tracked changes” feature. Any undocumented changes made to the Agreement shall be grounds for immediate termination of the Agreement at any time at GTA’s sole discretion. GTA reserves the right to reject or negotiate any or all of Qualified Contractor’s exceptions or alternative language submitted with Qualified Contractor’s proposal. Only those exceptions or alternative language shall be eligible for such negotiation. GTA reserves the right to modify, add , or delete provisions consistent with the successful Qualified Contractor’s proposal as needed to assure that the final executed Agreement accurately reflects the parties’ intent, the procurement and the award. 2.10.3 Qualified Contractor will enter into individual subscription agreement s/electronic orderin g document with State of Georgia recognized governmental entities. Such subscription agreements/electronic ordering document may not contain terms and conditions that are at variance with the final Agreement between Qualified Contractor and GTA. Qualified Contractors must submit their proposed subscription agreement/electronic ordering document with the Proposal response for GTA review and approval. 2.10.4 Prior to award GTA may conduct communications, clarifications and/or negotiations (collectively referr ed to as, “discussions”) for the purpose of finalizing the Agreement with Qualified Contractor(s). 2.11 Small and Minority Business Policy and Tax Incentive It is the policy of the State of Georgia that small and minority business enterprises shall have a fair and equal opportunity to participate in the State purchasing process. Therefore, the State of Georgia encourages all small and minority business enterprises to compete for, win, and receive contracts for goods, services, and construction. Also, the State encourages all companies to sub-contract portions of any State contract to small and minority business enterprises. There is a Minority Sub Contractor Georgia Income Tax Incentive opportunity. See O.C.G.A. § 48-7-38. Qualified Contractor’s interested in taking advantage of the Georgia income tax incentives, relative to the use of minority sub-Contractors in the 5 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 performance of contract s awarded by the State of Georgia, should address their Questions to the Governor’s Small Business Center, see address below: The Governor’s Small Business Center Re: Minority Sub-Contractor Tax Incentive 200 Piedmont Avenue, S.E. Suite 1304, Sloppy Floyd Building, West Tower Atlanta, Georgia 30334-9010 E-Mail: gsbc@doas.ga.gov 2.12 Exceptions to RFP Requirements 2.12.1 Exceptions to a statement or requirement of this RFP shall not be grounds for an automatic disqualification of a Qualified Contractor, regardless of the use of permissive language (e.g. “may,” “should” “prefer,” “desires” or “desirable”) in this RFP. Qualified Contractors must clearly identify, in writing, any and all exceptions as a part of their Proposal. However, any exception may negatively affect Qualified Contractor’s score. 2.13 Miscellaneous 2.13.1 GTA has prequalified four (4) Qualified Contractors to receive this RFP. The Qualified Contractors are prequalified as a result of RFQC 9800-0000000794, State of Georgia Wireless Service . These four (4) Qualified Contractors are the only Qualified Contractors that can respond to this RFP. No other response(s) will be accepted and no other respondent(s) will be allowed to participate. 2.13.2 In addition to those rights reserved elsewhere in this RFP, GTA reserves the right to: (a) waive minor variances, irregularities, Proposal formalities, or defects in a proposal; (b) reject any and all proposals, in whole or in part, submitted in response to this RFP; (c) request Clarifications, conduct Communications or Negotiations (collectively referred to as “discussions”) with any Qualified Contractor; (d) request resubmissions from all Qualified Contractors; and (e) make partial, progressive or multiple awards. 2.13.3 DISCLAIMER: ALL STATISTICAL AND FISCAL INFORMATION CONTAINED IN THIS RFP AND ITS EXHIBITS, INCLUDING AMENDMENTS AND MODIFICATIONS TH ERETO, ARE PROVIDED “AS IS,” WITHOUT WARRANTY, AND REFLECT THE GTA’S BEST UNDERSTANDING BASED ON INFORMATION AVAILABLE TO GTA AT THE TIME OF RFP PREPARATION. NO MATERIAL INACCURACIES IN SUCH DATA SHALL CONSTITUTE A BASIS FOR AN INCREASE IN QUALIFIED CONTRACTOR’S PROPOSED PRICING OR AN INCREASE IN PAYMENTS TO THE QUALIFIE D CONTRACTOR. SUCH INACCURACIES SHALL NOT BE A BASIS FOR DELAY IN PERFORMANCE NOR A BASIS FOR LEGAL RECOVERY OF DAMAGES, ACTUAL, CONSE PUENTIAL OR PUNITIVE, EXCEPT TO THE EXTENT THAT SUCH INACCURACIES CAN BE SHOWN BEYOND A REASONABLE DOUBT TO BE THE RESULT OF INTENTIONAL MISREPRESENTATION BY GTA. 2.13.4 The successful Qualified Contractor(s) will always be responsible for the performance of the sub- Contractor obligations resulting from the RFP. Accordingly, the Qualified Contractor is not relieved by non-performance of any sub-Contractors. 6 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 3.0 Requirements 3.1 OVERVIEW GTA has designated certain Minimum and Technical Requirements as necessary to do business with the State of Georgia for the provisioning of state-wide wireless service (which will include broadband, wireless, voice and data and telemetry as defined in Appendix J, Glossary, of this RFP). GTA must see a confirmation that the Qualified Contractor will provide these Minimum and Technical Requirements throughout the life of the Qualified Contractor’s contract with the State. Failure to see a confirmation that the Qualified Contractor will provide the certain Minimum and Technical Requirements may result in the delay of a fully executed Agreement until an agreement is concluded with the Qualified Contractor. By confirming each of the Minimum and Technical Requirements, your company is affirming that each of these will be part of the overall service to the State of Georgia during the duration of this contract. Additionally, you are also affirming that failure to meet or maintain these Minimum and Technical Requirements during the life of the contract will be considered as a service default to the intentions of this contract and to the consumers of this contract. GTA reserves the right to communicate the actions of the company to the public on the GTA website. All of the identified Minimum and Technical Requirements are considered the foundation of the agreement in APPENDIX H. GTA reserves the right to consider rejection of the Technical Requirements. 3.2 MINIMUM REQUIREMENTS Important Information Companies currently under contract with GTA/Grandfathered Services Companies with a current GTA contract shall continue to provide the same level of service/products that they currently provide to the State of Georgia. This shall include all current plans and pricing described in the Agreement including all Amendments to that Agreement and all services/products that are hyperlinked from the GTA website. Companies not currently under contract with GTA/New Services Companies without a current contract with GTA will provide the requested information as described herein. 3.3 TECHNICAL REQUIREMENTS 3.3.1 DESCRIPTION OF TECHNICAL REQUIREMENTS The following section contains explanations of the technical requirements GTA is seeking. 3.3.1.1 Website Establishment Grandfathered Services Companies with a current GTA contract shall continue to provide the same level of service/products they currently provide to the State of Georgia. This shall include all current plans described in the 7 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 Agreement including all Amendments to that Agreement and plans that are available on the GTA website. GTA expects to see a confirmation, recorded in Appendix B in the Column Headed Grandfathered Affirmation that the Qualified Contractor will provide the certain Technical Requirement. New Service Should your company not have a current contract with GTA, then GTA expects to see a confirmation, recorded in Appendix B in the Column Headed New Service Affirmation that the Qualified Contractor will provide the certain Technical Requirement. GTA expects to see the requested information recorded in a separate Appendix labeled “Supplemental” and include with the response. 3.3.1.1.a Overview GTA intends to hyperlink the Qualified Contractor’s website making it a direct link of the GTA website. The Qualified Contractor’s website will be the primarily ordering vehicle for State customers. It is anticipated that all GTA authorized products and services will be posted on the Qualified Contractor’s website. Additionally, GTA expects that all documents approved by GTA will be available through the Qualified Contractor’s website. Any and all price changes or other modifications to the information contained on the website must be approved in writing by GTA prior to publishing the website. GTA expects to see a confirmation, recorded in Appendix B under the appropriate column heading that the Qualified Contractor will provide these certain Technical Requirements. Should your company not have a current contract with GTA, then you will provide a mockup of your intended website that will be used by ordering entities and record the response in Appendix labeled Supplemental and include with the response. 3.3.1.1.b Website Display of Products, Services, Pricing and Ordering Information The Qualified Contractors will provide State customers, promotions, ordering information, contracting information, and other authorized information to allow State customers additional understanding of the Qualified Contractor’s company or market trends. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.1.c Secure Web Access GTA requires that governmental entities have the ability (upon request) to access their individual customer information, such as billing and service plans, via a secure web site. Governmental entities will work directly with Qualified Contractors to set up individual user ID/password allocations. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.1.d Website Completion/Availability The Qualified Contractor’s website must be minimally complete (GTA approved) prior to processing orders under this contract. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. 8 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 3.3.1.2 Wireless Communications Service Grandfathered Services Companies with a current GTA contract shall continue to provide the same level of service/products they currently provide to the State of Georgia. This shall include all current plans described in the Agreement including all Amendments to that Agreement and are on the GTA website. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. New Service Should your company not have a current contract with GTA, then you will pr ovide the requested information recorded in a separate Appendi x l abel ed “ Supplemental” and i ncl ude w i th the r es pons e . 3.3.1.2.a Overview - Cellular / Wireless Commercial Service GTA requires that the Qualified Contractor provide cellular / wireless commercial service to the any and all recognized customers, as defined herein of the State of Georgia. The grade of digital cellular service provided with respect to circuit quality, reliability, call completion, and time of access, which must be equal to that provided to other commercial subscribers within the cellular system’s published service area. Should your company not have a current contract with GTA, then you will provide a map of Georgia indicating your coverage areas. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.2.b Protocol GTA requires that the Qualified Contractor will provide service digital protocol being used (e.g. TDMA, GSM) and the designation of all applicable TIA/EIA standard(s). GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.2.c Devices GTA requires that the Qualified Contractor identify and describe advanced wireless devices that are supported on Qualified Contractor’s network, in addition to the basic cellular and wireless devices. Advanced wireless devices may include, but need not be limited to, smart phones, wireless connect ion cards, dual cellular and Wi-Fi phones, and other wireless devices that integrate any or all the following features and technologies – email, web, phone, GPS, MDS, SMS, organizer, software applications to include other IEEE 802.xx standard. Should your company not have a current contract with GTA, then you will identify and describe your top 5 (offered) basic and advanced wireless devices that are supported on Qualified Contractor’s network. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement and the top 5 offered basic and advanced devices r ec or ded i n a s epar ate Appendi x l abel ed “ Supplemental” and i nc l ude w ith the response. 3.3.1.2.d Software Applications GTA requires that the Qualified Contractor identify the top 5 most frequently used third party software 9 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 applications and/or integrated solutions for Qualified Contractor’s proposed wireless devices. Should 1 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 your company not have a current contract with GTA, then you will provide a list of your top 5 third party software applications. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.3 Cellular/ Wireless Voice Service Offerings/Plans 3.3.1.3.a Cellular/ Wireless Voice Service Offerings/Plans for Existing Customers GTA requires that the Qualified Contractor will provide Wireless Cellular Voice service under a category of “Grandfathered - Voice - Pooled Minutes Plan(s)”. This offering is to provide existing customers that do not desire a change to their existing Wireless Cellular Voice service. This requirement applies only to the current Contractors of wireless service to the State. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.3.b Cellular / Wireless Data Service for Existing Customers GTA requires that the Qualified Contractor will provide Wireless Cellular Data service under a category of “Grandfathered - Data - Unlimited Minutes Plan(s)”. This offering is to provide existing customers that do not desire a change to their existing Wireless Cellular Data service. This requirement applies only to the current Contractors providing wireless data service to the State. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.3.c Wireless Cellular Text Service for Existing Customers GTA requires that the Qualified Contractor will provide Wireless Cellular Voice service under a category of “Grandfathered - Text - Pooled Minutes Plan(s)”. This offering is to provide existing customers that do not desire a change to their existing Wireless Cellular Voice service. This requirement applies only to the current Contractors of wireless service to the State. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.3.d New Cellular/ Wireless Voice Service Qualified Contractors that do not currently hold a contract with GTA will insure that Voice Pooled Minutes are available for customers. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.3.e New Cellular / Wireless Data Service Contractors that do not currently provide service will insure that Unlimited Data are available for customers. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.4 Fees, Penalties, Invoicing and Reporting Grandfathered Companies with a current GTA contract shall continue to provide the same level of service/products they currently provide to the State of Georgia. This shall include all current plans described in the Agreement including all Amendments to that Agreement and are available on the GTA website. GTA expects to see a confirmation, recorded in Appendix B that the Qualified Contractor will provide the certain Technical Requirement. 10 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 New Service Should your company not have a current contract with GTA, then you will provide the requested information, recorded in Appendix B. 3.3.1.4.a Activation Fees. GTA requires that no Activation fees or charges will apply to any governmental entity ordering services under the final agreement. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.4.b Upgrade/Trade-In Fees. GTA requires that no Upgrade/Trade- In fees or charges will apply to any governmental entity ordering services under the final agreement. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.4.c Early Termination Fees Applied for Transferring From Existing Contracts (if applicable) to New Contract. GTA requires that any governmental entity receiving wireless communication services from a Qualified Contractor under a pre-existing agreement be permitted to elect to receive similar services from such Qualified Contractor (if such Qualified Contractor subsequently obtains a Contract Award under this RFP) without being subject to any early termination fees or other penalties as may be provided under such pre-existing service agreement. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.4.d Penalties GTA requires that no governmental entity will be held liable for penalties of any kind, including but not limited to interest on late payments, cancellation charges, or early termination charges. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.4.e Taxes GTA requires that the Qualified Contractor be solely responsible for the payment of any and all taxes lawfully imposed upon it, including but not limited to taxes on property owned, leased or used by the Qualified Contractor; franchise or privilege taxes on its business; gross receipts taxes to which it is subject; and income taxes. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.4.f Invoicing and Invoice Layout/Billing Detail GTA requires that the Qualified Contractor invoicing system should have the capability to be itemized by type of service, users/devices, and additional features. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.4.g Payment Responsibility GTA will be responsible for services provided to GTA, and will not be responsible for payments for any services rendered to individual Agencies. GTA expects to see a confirmation, recorded in Appendix B, 11 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.4.h Agency Subscriber Agreement/Electronic Ordering Document GTA expects for each user entity to be issued an Agency Subscriber Agreement/Electronic Ordering Document that cannot be in conflict with the Master Agreement. Should your company not have a current contract with GTA, then you will provide a draft of the Agency Subscriber Agreement/Electronic Order Document. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.4.i Reporting Quarterly GTA requires that a quarterly summary report be provided to GTA during the term of the Agreement setting forth the current usage of services listed by State of Georgia recognized governmental entity and total cost for each governmental entity. This report will be in an MS Excel 2010 and must be emailed to the following address: contracts@gta.ga.gov. GTA has provided a sample quarterly summary report as Appendix K. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement, taking into consideration the 180 days available to obtain the necessary consent. Usage GTA may require the Qualified Contractor to provide a separate, more detailed Usage Report. Should this be necessary, GTA will work directly with the Qualified Contractor to determine the appropriate content and format of the separate report. Separate reports may be required on a quarterly basis. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement, taking into consideration the 180 days available to obtain the necessary consent. 3.3.1.4.j Release of Information Consent GTA expects that all participating entities are deemed to have consented to the release of any required reporting information to the GTA (including information generally deemed Customer Proprietary network Information (CPNI) for the purposes of monitoring the contract, calculating the fees that a due and payable to GTA and to address specific ad hoc questions posed by news media, internal GTA personnel or elected officials. This information includes but is not limited to and total cost for each governmental entity. Users have a right to decline to release this information; however, they may not purchase under the GTA contract if they choose to do so. All qualified contractors will have approximately 180 days from contract award to obtain the necessary consent. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement, taking into consideration the 180 days available to obtain the necessary consent. 3.3.1.5 Services Features and Attributes Grandfathered Services Companies with a current GTA contract shall continue to provide the same level of service/products they currently provide to the State of Georgia. This shall include all current plans described in the Agreement including all Amendments to that Agreement and are on the GTA website. 12 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 New Service Should your company not have a current contract with GTA, then you will provide the requested information. 3.3.1.5.a Customer Support - GTA requires that a 24/7 customer support must be made available through Qualified Contractor’s website, as well as a toll-free telephone number. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. 3.3.1.5.b Lost or Stolen Equipment - GTA requires that a 24/7 toll free telephone number must be maintained for reporting lost or stolen equipment so that service may be shut off for the number(s) involved. State of Georgia recognized governmental entities will not be responsible for any usage or other charges after reporting the equipment as lost or stolen. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. 3.4 DESCRIPTION OF PRICING REQUIREMENTS Do Not Record Actual Pricing on the Technical Requirements Response Worksheet. This section is seeking information regarding the service offerings. Grandfathered Services Companies with a current GTA contract shall continue to provide the same level of service/products they currently provide to the State of Georgia. This shall include all current plans and pricing described in the Agreement including all Amendments to that Agreement and are available on the GTA website. New Services Should your company not have a current contract with GTA, then you will provide the requested information. 3.4.1 Competitive Rates GTA requires that the pricing, rates and terms offered by the Qualified Contractor under the final Agreement is at least as favorable as the pricing, rates and terms offered to Qualified Contractor’s ’s similarly situated customers. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. GTA requires that the pricing, rates and terms offered by the Qualified Contractor under the final Agreement remains competitive with the pricing, rates and terms offered in the market. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. GTA requires that the Qualified Contractor identify the top 5 most frequently used pricing plans for Voice, Data and unlimited data and record the information in Appendix “Supplemental” 3.4.2 Pooling Minute/Message/Data Pooling GTA requires that the Qualified Contractor have the ability to allow Agencies to pool minutes at either an Agency level or within a specific department within an Agency. GTA expects to see a confirmation, 13 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. 3.4.3 Pricing Change Procedures during the Term of the Agreement Making any changes to the Qualified Contractor’s product/services offering or to the authorized price list on the Qualified Contractor’s website, the Qualified Contractor shall notify the GTA Contract Administrator by e-mail of its intent to make a change and describe the proposed change. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. 3.4.3.a GTA may, in its sole discretion, prohibit any requested change or direct the Qualified Contractor to undo any change already made. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. 3.4.3.b Any purchase order entered into based on an unauthorized change to product/service or price list may be voided by GTA at its sole discretion. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. 3.4.4 Administrative Fee Grandfathered Services Companies with a current GTA contract shall continue to provide the same level of service/products they currently provide to the State of Georgia. This shall include all current plans and pricing described in the Agreement including all Amendments to that Agreement and are on the GTA website. New Service Should your company not have a current contract with GTA, then you will provide the requested information. 3.4.4.a GTA requires that the Qualified Contractor agrees to remit to GTA a fee of 1.5 % of sales for administrative services (“Fee”) as specified below. The prices stated in the Proposal shall include all amounts necessary for the Qualified Contractor to meet this obligation. The Qualified Contractor shall factor the Fee into its’ pricing and shall not separately itemize. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. 14 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 4.0 Proposal Submission 4.1 Economy of Presentation Each proposal shall be prepared simply and economically, providing straightforward, concise delineation of Qualified Contractor’s capabilities to satisfy the requirements of this RFP. Fancy bindings, colored displays, and promotional materials are not required. Emphasis on each proposal must be on completeness and clarity of content. To expedite the evaluation of proposals, it is essential that Qualified Contractors follow the format and instructions contained herein. Each Original Proposal should be bound with an index and each section should be delimited by tabbed section dividers. 4.2 Submission of Proposals Proposals must be submitted in three (3) parts: an Administrative Package, a Te chnical Proposal with the appropriate Supplemental Appendix and a Price Proposal. The proposal packages must be sealed and identified as follows: • Proposal of (Your Company’s Name): • Type of Package: (Administrative, Technical or Price) • RFP Number: GTA794, Wireless Co mmunications Services • Proposal Opening Date and Time: (See Error! Reference source not found.) Any proposal received after the due date and time MAY BE rejected. Time shall be determined by GTA’s Time Stamp. The acceptance of late proposals shall be governed by GTA Rule 665-2-4-.06. Submit all proposals to the attention of the Contracting Officer at the address provided on the Cover Page of this RFP. 4.3 Administrative Package Content The Qualified Contractor mu st provide one (1) signed original hardcopy and one (1) CD -ROM copy, clearly labeled, “[Qualified Contractor’s Name] – Administrative Package,” of the following Administrative documents: • Qualified Contractor’s Information Form (Appendix D) • Signed Proposal Certification Letter (Appendix Appendix E) • Statement of Responsibility Certification Form (Appendix F) • Signed Addenda Signature Page(s) (if applicable) • Signed Sales and Use Tax Compliance Form (Appendix G) • Signed Agreement or Redlined Agreement (Appendix H) • Signed Security and Immigration Form (Appendix L) Qualified Contract Name –Administrative Package 15 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 4.4 Technical Proposal Content GTA has established the following as certain criteria designed to addresses the Technical Proposal content. 4.4.1.1 The Technical Proposal must not contain any proposed prices. 4.4.1.2 In order to facilitate the State’s evaluation of the proposals, GTA has designated certain of the Technical requirements as “Affirmation Statements”. For these “Affirmation Statement” Technical Requirements, GTA expects to see an affirmation recorded in Appendix B, Technical Requirements Worksheet and if applicable the required information recorded in a separate Appendix “Supplemental” which should include a complete description of how the Qualified Contractor elects to address and provide the Technical Requirement. 4.4.1.4 The Qualified Contractor’s responses to the requirements must be arranged in the sequence in which the requirements are referenced, and formatted with responses inserted directly after the requirement or request, unless otherwise specified. Specific answers may be cross-referenced throughout Qualified Contractor’s response to avoid duplication of material. 4.4.1.5 Additional information may be submitted to accompany the proposal . In submitting additional information, please mark it as supplemental to the required response. 4.4.2 Number of Copies One (1) original version (clearly labeled as, “ORIGINAL”) and three (3) CD-ROM copies of Qualified Contractor’s ENTIRE Technica l Proposal. The CD-ROM should be clearly labeled, “[Qualified Contractor’s Name] – Technical Proposal.” 4.4.3 Required Sections Please include a detailed Table of Contents with all required data organized in accordance with these RFP instructions. Qualified Contract Name Technical Proposal to include Appendix B, Technical Requirements Response Worksheet Appendix, Supplemental 4.5 Price Proposal Content 4.5.1 Number of Copies One (1) original version (clearly labeled as, “ORIGINAL”), one (1) hard copy and three (3) CD-ROM copies of Qualified Contractor’s ENTIRE Price Proposal submitted in a package separately sealed from the Price Proposal. The CD-ROM should be clearly labeled, “[Qualified Contractor’s Name] – Price Proposal.” 16 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 4.5.2 Pricing Format 4.5.2.1 Submission Format. Any mixing of technical requirements information and actual dollar pricing information may cause a rejection of your proposal. Submit the Qualified Contractor’s retail pricing matrices with the bid prices being represented by a percentage discount off of Qualified Contractor’s standard retail prices. Qualified Contractor shall n ot anticipate nor rely on clarifications, discussions, redefinition, or further negotiations with GTA after Contract Award to adjust Qualified Contractor’s proposed pricing. Any efforts by Qualified Contractor to limit, qualify, caveat, restrict or place conditions on the prices being offered may be considered to be a violation of the price submission requirement and may result in the proposal being rejected as no n-responsive. The Qualified Contractor’s retail pricing matrices should be recorded on Appendix C, Pricing Response Worksheet. Qualified Contractor’s Name Price Proposal a s recorded on Pricing Response Worksheet (Appendix C) 4.5.2.2 Additional Discounts. Qualified Contractors are urged, but not required, to offer additional discounts for volume, tiers and/or one time delivery of large single orders of any assortment of items. 17 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 5.0 Evaluation 5.1 General An evaluation team consisting of a technical and price evaluation committee will conduct a competitive source selection in accordance with GTA Rules and the approach outlined in this Section 5. The State reserves the right to reject any and/or all proposals. 5.1.1 Communications and Clarifications Process Written Communications and Clarifications are not required, may not occur, and are not intended to substitute for a well-written Proposal or to facilitate negotiations of any Proposal. All Responsive Qualified Contractors’ responses to written Communications and Clarifications: 1) must be submitted in writing (e-mail and fax permitted); 2) are incorporated into and become part of Qualified Contractor’s Proposal; and 3) can and will be relied upon by the Evaluation Team, the GTA, and the State. 5.1.2 Oral Presentations (Optional) After the preliminary technical evaluation, some Qualified Contractors may be requested to make one or more oral presentations regarding their Proposals, at dates, times and locations determined by the GTA. The purpose of such presentations will be to allow Responsive Qualified Contractors to explain their proposed solutions and key points of their Proposals. Additionally, Qualified Contractors may be asked Questions in order to provid e a better understanding of how the Responsive d Qualified Contractor’s proposed solution will meet the requirements of the RFP. It is critical that Qualified Contractors bring staff familiar with the detailed contents and solutions presented within Responsive Qualified Contractor’s Proposal in order to maximize the productivity of the Oral Presentation sessions. Any and all discussions that occur during Oral Presentation sessions shall be considered Communications a s the term is defined in Section 665-2-1-.02 (f) of the GTA rules. Responsive Qualified Contractors should be aware that, under GTA Rules, Communications shall not be used to cure material omissions in the Proposal. Oral presentations are not required, may not occur, and are not substitutes for a well -written Proposal. 5.1.3 Best and Final Offers (Optional) At any time after the initiation of negotiations, Qualified Contractors may be invited to submit best and final offers (BAFOs). At this time, Qualified Contractors can make their prices as competitive as possible and address Questions and concern s specifically raised during negotiation/discussions. Revisions submitted by Qualified Contractors as part of their BAFOs may q the evaluation team to revise their scoring. In the event that a Competitive Range has been determined, requests for BAFOs shall be limited to those Qualified Contractors in the Competitive Range. 5.1.4 Financial Information GTA reserves the right to request evidence of an Qualified Contractor’s financial capability or stability and to conduct additional due diligence in this area at the sole discretion of GTA or a t the request of any State of Georgia recognized governmental entity that will receive the benefits or services under any contract awarded pursuant to this RFP. 18 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 5.2 Administrative & Technical Requirements Minimum Expectations Review of Proposals 5.2.1 The Contracting Officer will b e responsible for performing a review of the administrative requirements set forth in the RFP and for verifying if each Proposal is compliant with the technical Minimum Expectations and the Pricing Minimum Expectations set forth in the RFP. 5.2.2 Failure to confirm one or more of the Technical Minimum Expectation(s) and/or the Pricing Minimum Expectation(s) may result in the delay of a contract award. Proposals that (i) are determined to be materially incomplete; or (ii) Qualified Contractors that do not satisfy the administrative requirements of the RFP in an acceptable timeframe as determined by GTA; may be declared non -responsive and rejected with no further evaluation. 5.2.3 Qualified Contractors that affirm all Minimum Expectations will be eligible to receive an Agreement. (Further negotiations on non-technical terms and conditions may impact a final award of an Agreement.) 5.2.4 Qualified Contractors that do not affirm all Minimum Expectations will not receive an Agreement until negotiations result in a satisfactory solution to GTA. All decisions will be at the sole discretion of GTA. (Further negotiations on non-technical terms and conditions may impact a final award of an Agreement.) 5.3 Technical Proposal Evaluation 5.3.1 A technical review committee comprised of State employees will assess the merits of the Technical Proposal. The State may engage one or more consultants or attorneys to assist in an advisory capacity. The committee will review the responses to the technical requirements of the RFP. Incomplete, inconsistent or inaccurate responses in the Technical Proposal may have a negative impact on the rating. 5.3.2 Qualified Contractors are urged to convey the technical material and other factors necessary to meet the expectations of the RFP in sufficient detail within their written Proposal, rather than to seek to negotiate or provide such factors through written Communications, and Clarifications. 5.4 Price Proposal Evaluation 5.4.1 A price evaluation committee comprised of GTA state employees will conduct an analysis and will confer a consensus score of between 1-4. GTA may engage one or more consultants to assist in an advisory capacity. At the sole discretion of GTA, this score will be applied to the Qualified Contractor’s submitted Price Proposal. 5.4.2 GTA expects to see an overall % off of published list prices. The Qualified Contractor offering the largest percentage off of list price will be awarded a score of 4. Lower percentage of discounts off of list price will be awarded scores between 1-3. 5.4.3 Price has the same relative importance as each individual technical evaluation area listed above. 19 RFP No. 9800-GTA794, Wireless Communications Services subsequent to RFQC 9800-0000000794 5.5 Selection of Successful Qualified Contractor(s) and Contract Award(s) 5.5.1 The Contract Award(s) shall be made to the responsible Qualified Contractor(s) whose proposal is determined to be the most advantageous to the State, taking into account all evaluation factors set forth in this RFP, subject to GTA and such Qualified Contractor’s ability to agree and enter into a final Agreement (see subsections below). Responsibility shall be determined in accordance with GTA Rules and responsibility criteria set forth in this RFP. 5.5.2 GTA reserves the right to reject or negotiate any or all of Qualified Contractor’s additional terms or conditions, or Qualified Contractor’s proposed modification s to GTA’s stated terms or conditions. GTA reserves the right to modify, add or delete provisions consistent with the successful Qualified Contractor’s proposal as needed to assure that the final executed Agreement accurately reflects the parties’ intent, the procurement and the award. 5.5.3 Prior to award, Qualified Contractor(s) may be required to enter into communications, clarifications and/or negotiations (collectively referred to as, “discussions”) with the GTA to resolve any contractual differences before an award is made. These discussions are to be finalized and all exceptions resolved within ten (10) business days of notification of intent to award or such other period as GTA may authorize. Adobe Acrobat Document Contract Number: 9800-GTA794-A ATTACHMENT B AT&T RESPONSE TO THE RFP - /�i Adobe Acrobat Docurrent Adobe Acrobat Document Adobe Acrobat Document Adobe Acrobat Document l Adobe Acrobat Document GTA and A'C&T Nubility 9800-GTA794A Wireless Agreement Page 22 of30, [Rev OS -20t3] AT&T’s Response to Georgia Technology Authority’s RFP# 9800-GTA794 for Wireless Communication Services Technical Response ORIGINAL October 3, 2013 Nanci Glazer Gay GTA Issuing Officer Georgia Technology Authority Procurement Management Office 47 Trinity Avenue, 3rd Floor Atlanta, GA 30334 Dear Ms. Gay: As the information technology sector of the marketplace continues to evolve, State of Georgia (State) is looking for new technologies, products and services to better serve its citizens. Georgia Technology Authority (GTA) has taken responsibility to provide technology leadership for most State of Georgia entities, including selection and adoption of Information Technology policy and standards. You need the best communication services and an industry-leading solution, all at a competitive price. We have examined your needs and your current communication network. We propose a solution that expands level of service/products that we currently provide to the State of Georgia. Our solution can help you meet your business objectives to • Improve operational efficiency with a cost-effective, reliable network solution • Simplify network management and administration • Prepare you for future advances in business technology AT&T has started a major expansion for coverage in Georgia that will be mostly complete by the end of 2014. This, along with our backup and recovery options, that only AT&T can offer, will give GTA excellent coverage in GA, on the most reliable network. We also are providing pricing that is equal or better than our competition. We value your business and look to strengthen our business relationship you. I will follow up shortly to answer any questions you may have after you have evaluated our proposal. Sincerely, Keith De cay Account Manager 3 Mobility Office: 404.829.6679 keith.e.de.cay@att.com 2180 Lake Blvd. NE Atlanta, GA 30319 www.att.com Rethink Possible AT&T’s Response to Georgia Technology Authority’s RFP# 9800-GTA794 for Wireless Communication Services October 3, 2013 Keith De cay Account Manager 3 Mobility AT&T 2180 Lake Blvd NE Atlanta, GA 30319 Phone: (404) 829-6679 keith.e.de.cay@att.com Proposal Validity Period—The information and pricing contained in this proposal is valid for a period of thirty (30) days from the date written on the proposal cover page unless rescinded or extended in writing by AT&T. Terms and Conditions—This proposal is conditioned upon negotiation and execution by the parties of a written agreement containing mutually acceptable terms and conditions. Proposal Pricing—Pricing proposed herein is based upon the specific product/service mix and locations outlined in this proposal, and is subject to the standard terms and conditions of AT&T unless otherwise stated herein. Any changes or variations in AT&T standard terms and conditions and the products, length of term, services, locations, and/or design described herein may result in different pricing. Providers of Service—Subsidiaries and affiliates of AT&T Inc. provide products and services under the AT&T brand. Where required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider. Copyright Notice and Statement of Confidentiality—© 2013 AT&T Intellectual Property. All rights reserved. AT&T, the AT&T logo, and all other AT&T marks contained herein are trademarks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks contained herein are the property of their respective owners. The contents of this document are unpublished, proprietary, and confidential and may not be copied, disclosed, or used, in whole or in part, without the express written permission of AT&T Intellectual Property or affiliated companies, except to the extent required by law and insofar as is reasonably necessary in order to review and evaluate the information contained herein. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page iv AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Table of Contents Executive Summary ........................................................................................................ 1 1.0 Introduction ......................................................................................................... 7 1.1 Purpose of Procurement ................................................................................. 7 1.2 Overview of Procurement Process .................................................................. 7 1.3 Background ..................................................................................................... 8 2.0 General Requirements ........................................................................................ 9 2.1 Communications with State Staff ..................................................................... 9 2.2 Schedule of Events ........................................................................................10 2.3 Addenda and Supplements to the RFP ..........................................................11 2.4 Acceptance of RFP Terms .............................................................................11 2.5 Costs of Preparation ......................................................................................12 2.6 Contract Award ..............................................................................................12 2.7 Agreement Term ............................................................................................12 2.8 Protests ..........................................................................................................13 2.9 Confidential/Proprietary Information ...............................................................13 2.10 Agreement .....................................................................................................15 2.11 Small and Minority Business Policy and Tax Incentive ...................................17 2.12 Exceptions to RFP Requirements ..................................................................18 2.13 Miscellaneous ................................................................................................18 3.0 Requirements ....................................................................................................21 3.1 OVERVIEW....................................................................................................21 3.2 MINIMUM REQUIREMENTS .........................................................................22 Important Information .............................................................................................22 3.3 TECHNICAL REQUIREMENTS .....................................................................22 3.3.1 DESCRIPTION OF TECHNICAL REQUIREMENTS ................................22 3.4 DESCRIPTION OF PRICING REQUIREMENTS ...........................................53 3.4.1 Competitive Rates ....................................................................................53 AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page v AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 3.4.2 Pooling Minute/Message/Data Pooling .....................................................54 3.4.3 Pricing Change Procedures during the Term of the Agreement ................54 3.4.4 Administrative Fee ....................................................................................56 4.0 Proposal Submission .........................................................................................57 4.1 Economy of Presentation ...............................................................................57 4.2 Submission of Proposals ................................................................................57 4.3 Administrative Package Content ....................................................................58 4.4 Technical Proposal Content ...........................................................................59 4.4.2 Number of Copies ....................................................................................60 4.4.3 Required Sections ....................................................................................60 4.5 Price Proposal Content ..................................................................................61 4.5.1 Number of Copies ....................................................................................61 4.5.2 Pricing Format ..........................................................................................61 5.0 Evaluation ..........................................................................................................63 5.1 General ..........................................................................................................63 5.1.1 Communications and Clarifications Process .............................................63 5.1.2 Oral Presentations (Optional) ...................................................................63 5.1.3 Best and Final Offers (Optional) ...............................................................64 5.1.4 Financial Information ................................................................................65 5.2 Administrative & Technical Requirements Minimum Expectations Review of Proposals ..................................................................................................................65 5.3 Technical Proposal Evaluation .......................................................................66 5.4 Price Proposal Evaluation ..............................................................................67 5.5 Selection of Successful Qualified Contractor(s) and Contract Award(s) .........68 Appendix Supplemental .................................................................................................70 APPENDIX B Technical Requirements Response Worksheet .......................................85 AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 1 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Executive Summary Current Environment Your AT&T team understands the following about your business: State of Georgia (State) is using multiple vendors for wireless communication services across the state as per the current agreements. In addation, no one wireless carrier currently has coverage of the whole state. Nevertheless, by the end of 2014, AT&T coverage across the entire state of Georgia is anticipated to be in close parity with Verizon. Now that your current agreements are reaching the end of their renewal options, you want to enter into a new wireless service contract to continue receiving the same great offers and service that you currently receive from AT&T. In addition you would also like to build new volume discounts and flexibility in product offerings to better serve the State and help it meet its business objectives to renew services for • Website Display of Products, Services, Pricing and Ordering Information • Secure Web Access • Website Completion/Availability • Wireless Communications Service • Invoicing and Reporting To achieve this, Georgia Technology Authority (GTA) is looking for a vendor to provide collaborative and flexible wireless solution. Our solution will exceed your needs for reliable and flexible wireless communication services and support, and technical expertise, while passing along the cost savings only an industry leader can provide. Solution We’ve assessed your information and developed a wireless communication solution that addresses your business needs. The solution includes the following components: • Mobile Application Solutions from AT&T are designed to help you keep pace with the speed of mobile user communities, whether internal employee users (B2E), consumers (B2C), or partners (B2B). Our team has deep experience in developing and supporting B2E, B2C, and B2B solutions on multiple Mobile AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 2 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Enterprise Application Platforms (MEAP), Mobile Consumer Application Platforms (MCAP), native platforms (including iOS, Android, Windows Mobile, and BlackBerry), and we understand the nuances of solution design based on user profile. As requested our solution includes ALL- NetMotion AT&T Advanced Authentication Solutions Access MyLAN AT&T Mobile Remote Access Services AT&T Commercial Connectivity Services (CCS) BOX from AT&T Broadcast Communication Solution comprised of the following existing services: AT&T Advanced Communications Suite AT&T Global Smart Messaging AT&T Eye Witness AT&T CAMPUS GUIDE AT&T RAVE/Guardian AT&T Smart 911 AT&T Messaging Toolkit AT&T Mobile BarCode Services AT&T Business Messaging Mobile Resource Management Solutions using the following existing services: AT&T Mobile Forms Solutions AT&T Time Clock and Management Solutions ActSoft Pronto Forms Telenav - All APRIVA PAY Xora - All WebTech AT&T Machine to Machine Solutions with your existing AT&T Enterprise on Demand and adding the following new services: AT&T Control Center M2M Application Platform (Axeda) AT&T Cellular Digital Signage AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 3 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 AT&T Smart Grid Solutions Mobile Device Management Solutions with the following existing services: AirWatch - All Mobile Iron - All Good For the Enterprise BlackBerry 10 AT&T Toggle AT&T Hosted and Managed MDM Solution Platform And adding the following new services to it: McAfee AT& Mobile Security Solutions Mobile Device Management Consulting Services Bring your Own Device Consulting Services Mobile Device Management Readiness Workshop AT&T Mobile Application Development with AT&T Campus Guide Suite and adding AT&T Community Central Mobile Application Consulting Mobile Application Development Mobile Application Management Mobile Enterprise Application Platform (MEAP) AT&T Disaster Recovery Solutions comprised of AT&T Remote Mobility Zone AT&T Consulting: Disaster and Continuity Planning AT&T Mobile Voice and Fixed Mobile Convergence Solutions with existing AT&T Enhanced Push to Talk AT&T Office Direct AT&T Office@Hand Wireless Priority Service And adding AT&T PDV Connect AT&T OnDemand Interpreter AT&T Pledge AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 4 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Lifecyle Management Solutions with your current Mobility Solution Services (MSS) and adding Staging and Kitting Warranty and Exchange Mobile Strategy & Roadmap Consulting Tier 1 Mobile Helpdesk AT&T Wireless Network As stated earlier, we value your business and wanted to advise you of our planned network enhancements that will provide GTA with optimum coverage. UMTS / 4G HSPA+: By the end of 2013, AT&T plans to have 90% of its points of presence (POPs) covered (45% Sq. Mi.). We have identified over 600 new sites for acquisition in the next 3 years, with a quarter of them located in South & Coastal GA area, and the recent acquisition of the ATN will add over 300 additional sites above and beyond the 600 to provide much needed in-fill coverage in Georgia. We have also planned to increase UMTS capacity by deploying approximately 1100 through 2014. 4G LTE: By the end of 2013, AT&T plans to have 84% of its POPs covered (37% Sq. Mi.). We have identified over 2400 new LTE sites for deployment though end of 2014, increasing the population covered from 6.4 million to 9.8 million (an increase from 63% to 97%). In the next four years almost 1300 LTE carriers will be deployed to increase capacity. We have remaining launches in 2013 that include Rome, Cartersville, Lake Oconee, and Tifton. And in 2014, the remaining launches will be in Columbus, LaGrange/WestPoint, and Hartwell. By the end of 2014, AT&T coverage across the entire state of Georgia is anticipated to be in close parity with Verizon. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 5 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Small Cell In 2013, AT&T introduced innovative “small cell” technology to enable the rapid deployment of UMTS indoor and outdoor coverage solutions that will be used further enhance the network coverage footprint, including LTE. Support In addition, you have a team of experienced specialists to design, implement, and support your solution. Their experience and expertise has led to a track record of success with customers like Georgia Technology Authority Procurement. The table below provides contact information for your AT&T support team and resources: Resource Contact Information Primary Sales Contact Contact: Keith De cay, Account Manager 3 Mobility Office: 404-829-6679 Cell: 678-429-7260 E-mail: kd7952@att.com Customer Service Manager Contact: Cristy Mitchell Office:770-335-0882 E-mail: cm7554@att.com Customer Support Numbers Customer Service: 1-800-331-0500 or 611 from your wireless phone Business Sales: 1-866-429-7222 Online Customer Support www.att.com/gen/landing-pages?pid=3312 *National Business Ordering- 888 444 4410- place orders for new lines, upgraded equipment or accessories *Premier Web Ordering- https://www.wireless.att.com/business (Help Desk for Premier is- 800 845 9681) *National Business Care- 800 999 5445, for assistance with post sale issues, technical support & reactivation/cancellation of services AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 6 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 The table below provides contact information for your AT&T support team and resources: Resource Contact Information *Number Porting- 888 898 7685- issues with porting your number to us from another wireless carrier *Warranty issues- 800 801 1101 *iPhone Warranty - 800-MyiPhone *International Care- 800 335 4685- assist to add or remove international features and technical support for international connectivity You’ve seen from our proposal that we understand your objectives and have the expertise and resources to support them. We look forward to working with you to implement the wireless communication solution and help you achieve your business goals. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 7 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 1.0 Introduction 1.1 Purpose of Procurement The purpose of this Request for Proposal (“RFP”) is to acquire Wireless Communications Services from Qualified Contractors as previously identified in RFQC 9800-0000000794. It is the expectation that volume sales will result in substantial discounts for State of Georgia recognized governmental entities (as that term is defined in Section 1.2.2 below). Georgia Technology Authority (GTA) intends to award Agreements to multiple Qualified Contractors. This RFP will provide the State of Georgia’s recognized governmental entities a contract vehicle(s) based upon a liberal evaluation of a minimum set of requirements that will result in opportunities to choose from among multiple qualified suppliers. The flexibility envisioned in this initiative will include ample opportunity to include new technologies, products and services as this dynamic part of the information technology sector of the marketplace continues to evolve. AT&T Response: AT&T understands. 1.2 Overview of Procurement Process 1.2.1 Pursuant to the provisions of Official Code of Georgia Annotated (O.C.G.A.) § 50 -25-7.2 and 50-25-7.3, GTA, by authority conveyed by State of Georgia, Department of Administrative Services (DOAS), State Purchasing Division (SPD), may solicit competitive sealed bids or competitive sealed proposals on behalf of any State of Georgia recognized governmental entity for this particular wireless service technology resource purchase. GTA has determined that the use of competitive sealed bidding will not be practical or advantageous to the State in completing the acquisition of the services and commodities described herein. However, competitive sealed proposals shall be submitted in response hereto in the same manner as competitive sealed bids. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 8 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 1.2.2 GTA will act as an agent for the procuring State of Georgia recognized governmental entity during the term of the procurement process, and may exercise any and all rights, powers and responsibilities available to such State of Georgia recognized governmental entity granted to GTA by the State of Georgia, DOAS, and SPD. After receipt of Offers, GTA may conduct Clarifications, Communications and/or Negotiations, as such terms are defined in the GTA Procurement Manual. As used herein, the term “State of Georgia recognized governmental entity” shall have the meaning to include any city, county, municipality or other political sub-division of the State that agrees to be bound by GTA’s Procurement Manual for the limited purpose of GTA conducting, coordinating or facilitating this technology resource purchase or solicitation on their behalf. AT&T Response: AT&T understands. 1.3 Background GTA has the statutory responsibility to provide technology leadership for most State of Georgia entities, including selection and adoption of Information Technology policy and standards. GTA intends to establish convenience Agreement(s) with multiple Qualified Contractors (Contractors were qualified under RFQC 9800-0000000794, Wireless Communication Services) for the provision of wireless products and services. Today, State of Georgia recognized governmental entities are acquiring these products and services from previously issued Agreements that have reached the end of their renewal options. The desired outcome will result in the opportunity to realize volume discounts for selected services and product offering flexibility to better serve any State of Georgia recognized governmental entity’s business requirements. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 9 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 2.0 General Requirements 2.1 Communications with State Staff 2.1.1 From the issue date of this RFP until Contract Award or cancellation of this procurement, the Qualified Contractors shall not communicate, for any reason, with any State staff, or Qualified Contractors working for the State, regarding this particular procurement, except through the GTA Issuing Officer named herein or his or her designee. In the event that the Qualified Contractor cannot reach the GTA Issuing Officer or believes there would be a conflict with communicating with the Issuing Officer, Qualified Contractor may communicate with GTA’s Procurement Management Office, Director of Procurement. GTA reserves the right to reject the proposal of any Qualified Contractor who violates this provision. AT&T Response: AT&T understands. 2.1.2 All contacts with GTA Issuing Officer must be in writing. Violation of the foregoing may result in disqualification. No oral conversations or agreements with any officer, agent or employee of GTA or the State regarding this RFP are authorized, and if the same shall occur, they shall not affect or modify any terms of this RFP. No written statements of any persons other than those issued by the GTA Issuing Officer shall be binding on GTA, nor shall they affect or modify any terms of this RFP. Qualified Contractors may submit written Questions to the GTA Issuing Officer concerning this RFP by email. Telephone inquiries will not be accepted. Written inquiries received after the deadline for Questions specified in the Appendix A - Schedule of Events, may or may not be accepted or responded to by GTA. Submit all written inquiries to the Issuing Officer at the contact information provided on the cover page of this RFP. AT&T Response: AT&T understands. 2.1.3 Questions submitted via email should be in MS Word format. Additionally, Question should be submitted in the following table format: AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 10 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 QUALIFIED CONTRACTOR’S COMPANY NAME Referenced RFP Section Question AT&T Response: AT&T understands and complies. 2.1.4 All written Questions and any written responses will be emailed to all Qualified Contractors at the email address submitted on Appendix B – Qualified Contractor’s Information. GTA makes no representations or warranties as to the completeness or accuracy of any response; nor does GTA undertake to answer all Questions asked. Responses to written, emailed Questions are provided for informational purposes only and do not amend or otherwise alter the RFP, unless expressly incorporated into a formal addendum to this RFP. All parties are on notice that this RFP may be amended only by written addenda to this RFP specifically identified as such and issued by the GTA Issuing Officer (See subsection entitled, “Addenda and Supplements to the RFP” below). AT&T Response: AT&T understands. 2.2 Schedule of Events The anticipated timetable, including the Proposal Due Date and other important dates, are set forth in Appendix A – Schedule of Events Error! Reference source not found., Wireless Communications Services subsequent to RFQC 9800-0000000794 AT&T Response: AT&T understands and complies. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 11 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 2.3 Addenda and Supplements to the RFP 2.3.1 This RFP consists of this Request for Proposal and all appendices attached hereto and any written addenda to this RFP specifically identified as such and issued by the GTA Issuing Officer. The procurement rules of GTA as set forth in GTA Procurement Manual are incorporated herein by reference. No other information in any form, including any other information posted on the GTA website or on the Georgia Procurement Registry (GPR) website, shall be deemed part of this RFP. AT&T Response: AT&T understands. 2.3.2 GTA reserves the right to, and may, amend, modify or cancel this RFP without prior notice, at any time, at its sole discretion. In the event that it becomes necessary to revise or supplement any part of this RFP, a written addendum shall be emailed to each of the Qualified Contractors at the email address provided on Appendix A. It is the Qualified Contractor’s responsibility to check their email on a daily basis, as such, the Qualified Contractor will be held accountable for any addenda to the RFP. Qualified Contractors may not discuss GTA requirements, preparation of proposals in response to this RFP, or technical questions with any GTA or State personnel other than the GTA Issuing Officer or as otherwise specified in this RFP. AT&T Response: AT&T understands. 2.4 Acceptance of RFP Terms Once the proposal due date has passed, a proposal submitted in response to this RFP shall constitute a binding offer. A submission in response to this RFP acknowledges acceptance by the Qualified Contractor of all terms and conditions of participation in this procurement as set forth in this RFP. The Qualified Contractor, by signing the proposal letter, certifies that it accepts all of the terms and conditions of participation in this procurement as set forth in this RFP, in full, without reservations, limitations, AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 12 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 assumptions, restrictions, caveats, or any other type of Qualification, except for those exceptions to the Agreement noted in writing and submitted within Qualified Contractor’s Proposal. Further, the cover letter to any GTA-issued addenda to this RFP must be signed and returned with the proposal. AT&T Response: AT&T understands. 2.5 Costs of Preparation The Qualified Contractor shall be solely responsible for the costs incurred in the preparation of a response to this RFP. AT&T Response: AT&T understands. 2.6 Contract Award A Notice of Award will be posted to the Georgia Procurement Registry website. Such posting shall constitute official and public notice of a Contract Award. AT&T Response: AT&T understands. 2.7 Agreement Term The Agreement term will begin upon the Effective Date stated in the final Agreement executed between GTA and the Successful Qualified Contractors. GTA anticipates that the initial term of this Agreement shall be from the Effective Date until June 30, 2015. There may be up to five (5) one-year renewals of the term at the sole discretion of GTA. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 13 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Renewals are not guaranteed. GTA may elect to exercise one or more options to renew in its sole discretion. Renewals shall only be effective upon an affirmative action of GTA to expressly renew the Agreement. AT&T Response: Per Addendum 2 this was removed and replaced with the following: The “Term” of the resulting “Agreement” shall begin on the Effective Date and end on June 30, 2017. Thereafter, the “Agreement” may be renewed upon mutual agreement by Contractor and GTA on a year to year basis from up to Five (5) fiscal periods (July 1- June 30) AT&T Clarification: Any renewal or amendment of a resulting contract shall be upon mutual written agreement of AT&T and GTA. 2.8 Protests Any protest in connection with this procurement must be submitted in strict accordance with GTA Protest Policy, Appendix I. AT&T Response: AT&T understands. 2.9 Confidential/Proprietary Information 2.9.1 Qualified Contractors are hereby given notice that any and all materials submitted in response to this RFP are subject to the provisions of Georgia’s Open Records Act (O.C.G.A. § 50-18-70 et seq.). GTA receipt, review, evaluation or any other act or omission concerning any such information shall not create an acceptance by GTA of any obligation or duty to prevent the disclosure of any such information except as required by the Open Records Act. Qualified Contractors who decide to submit, as AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 14 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 part of their Technical Proposal, information that they believe should be exempt from disclosure under the Open Records Act, shall clearly mark, with specificity, only those elements of each document they reasonably consider confidential as “confidential”, “proprietary” or “exempt”, and state the legal basis for the exemption of each such element with supporting citation(s) to the Georgia Code. AT&T Response: AT&T understands. 2.9.2 Pursuant to Georgia Law, if any information marked as specified above is requested under the Open Records Act, GTA shall make a determination as to whether any exemption actually exists for GTA to deny the request for disclosure. GTA will withhold any such information from public disclosure under the Open Records Act only if GTA determines, in its sole discretion, that there is a legal basis to do so. AT&T Response: AT&T understands. 2.9.3 All information that is not properly identified or marked as specified in the preceding paragraph may be presumed by GTA to be subject to disclosure under the Georgia Open Records Act. Any technical proposal that is marked in its entirety, or in unreasonably large part, as confidential, proprietary and/or exempt may be presumed by GTA to be entirely subject to disclosure under the Georgia Open Records Act without further obligation of GTA to determine what portions of such proposal may, in fact, be excepted from disclosure. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 15 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 2.9.4 Notwithstanding anything to the contrary in this section, GTA will not withhold any part of a price proposal or other offer of pricing from disclosure under the Georgia Open Records Act after Contract Award or cancellation of this procurement. AT&T Response: AT&T understands. 2.9.5 All material submitted regarding this RFP becomes the property of GTA. AT&T Clarification: AT&T agrees that the physical response materials become GTA property. Any intellectual property of AT&T, our manufacturers or other third parties included in AT&T’s response will remain their property. 2.10 Agreement 2.10.1 References to “GTA” in the following subparagraphs of this Section 2.12 shall mean GTA and/or the applicable signing State of Georgia recognized governmental entity. AT&T Response: AT&T understands. 2.10.2 GTA’s terms and conditions are set forth in the proposed agreement (Appendix H). Qualified Contractor may submit exceptions or alternative language by clearly identifying all changes in bold or in a manner similar to the MS Word “tracked changes” feature. Any undocumented changes made to the Agreement shall be grounds for immediate termination of the Agreement at any time at GTA’s sole discretion. GTA reserves the right to reject or negotiate any or all of Qualified Contractor’s exceptions or alternative language submitted with Qualified Contractor’s proposal. Only those exceptions or alternative language shall be eligible for such AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 16 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 negotiation. GTA reserves the right to modify, add, or delete provisions consistent with the successful Qualified Contractor’s proposal as needed to assure that the final executed Agreement accurately reflects the parties’ intent, the procurement and the award. AT&T Response: AT&T understands. 2.10.3 Qualified Contractor will enter into individual subscription agreements/electronic ordering document with State of Georgia recognized governmental entities. Such subscription agreements/electronic ordering document may not contain terms and conditions that are at variance with the final Agreement between Qualified Contractor and GTA. Qualified Contractors must submit their proposed subscription agreement/electronic ordering document with the Proposal response for GTA review and approval. AT&T Response: AT&T understands. 2.10.4 Prior to award GTA may conduct communications, clarifications and/or negotiations (collectively referred to as, “discussions”) for the purpose of finalizing the Agreement with Qualified Contractor(s). AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 17 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 2.11 Small and Minority Business Policy and Tax Incentive It is the policy of the State of Georgia that small and minority business enterprises shall have a fair and equal opportunity to participate in the State purchasing process. Therefore, the State of Georgia encourages all small and minority business enterprises to compete for, win, and receive contracts for goods, services, and construction. Also, the State encourages all companies to sub-contract portions of any State contract to small and minority business enterprises. There is a Minority Sub Contractor Georgia Income Tax Incentive opportunity. See O.C.G.A. § 48-7-38. Qualified Contractor’s interested in taking advantage of the Georgia income tax incentives, relative to the use of minority sub-Contractors in the performance of contracts awarded by the State of Georgia, should address their Questions to the Governor’s Small Business Center, see address below: The Governor’s Small Business Center Re: Minority Sub-Contractor Tax Incentive 200 Piedmont Avenue, S.E. Suite 1304, Sloppy Floyd Building, West Tower Atlanta, Georgia 30334-9010 E-Mail: gsbc@doas.ga.gov AT&T Response: No SMWB firms were contacted as no contractors/suppliers will be utilized on this project/contract. However, AT&T regularly solicits opportunities from SMWBs for the services and good required by AT&T's business operations worldwide. These opportunities are not limited to any specific customer or contract. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 18 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 2.12 Exceptions to RFP Requirements 2.12.1 Exceptions to a statement or requirement of this RFP shall not be grounds for an automatic disqualification of a Qualified Contractor, regardless of the use of permissive language (e.g. “may,” “should” “prefer,” “desires” or “desirable”) in this RFP. Qualified Contractors must clearly identify, in writing, any and all exceptions as a part of their Proposal. However, any exception may negatively affect Qualified Contractor’s score. AT&T Response: AT&T understands. 2.13 Miscellaneous 2.13.1 GTA has prequalified four (4) Qualified Contractors to receive this RFP. The Qualified Contractors are prequalified as a result of RFQC 9800-0000000794, State of Georgia Wireless Service. These four (4) Qualified Contractors are the only Qualified Contractors that can respond to this RFP. No other response(s) will be accepted and no other respondent(s) will be allowed to participate. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 19 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 2.13.2 In addition to those rights reserved elsewhere in this RFP, GTA reserves the right to: (a) waive minor variances, irregularities, Proposal formalities, or defects in a proposal; (b) reject any and all proposals, in whole or in part, submitted in response to this RFP; (c) request Clarifications, conduct Communications or Negotiations (collectively referred to as “discussions”) with any Qualified Contractor; (d) request resubmissions from all Qualified Contractors; and (e) make partial, progressive or multiple awards. AT&T Clarification: To the extent that a waiver of minor variances, irregularities, Proposal formalities or defects in a proposal implies AT&T waives right to protest the award decision, AT&T reserves all protest rights afforded bidders/respondents participating in the government contracting process. 2.13.3 DISCLAIMER: ALL STATISTICAL AND FISCAL INFORMATION CONTAINED IN THIS RFP AND ITS EXHIBITS, INCLUDING AMENDMENTS AND MODIFICATIONS THERETO, ARE PROVIDED “AS IS,” WITHOUT WARRANTY, AND REFLECT THE GTA’S BEST UNDERSTANDING BASED ON INFORMATION AVAILABLE TO GTA AT THE TIME OF RFP PREPARATION. NO MATERIAL INACCURACIES IN SUCH DATA SHALL CONSTITUTE A BASIS FOR AN INCREASE IN QUALIFIED CONTRACTOR’S PROPOSED PRICING OR AN INCREASE IN PAYMENTS TO THE QUALIFIED CONTRACTOR. SUCH INACCURACIES SHALL NOT BE A BASIS FOR DELAY IN PERFORMANCE NOR A BASIS FOR LEGAL RECOVERY OF DAMAGES, ACTUAL, CONSEPUENTIAL OR PUNITIVE, EXCEPT TO THE EXTENT THAT SUCH INACCURACIES CAN BE SHOWN BEYOND A REASONABLE DOUBT TO BE THE RESULT OF INTENTIONAL MISREPRESENTATION BY GTA. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 20 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 2.13.4 The successful Qualified Contractor(s) will always be responsible for the performance of the sub- Contractor obligations resulting from the RFP. Accordingly, the Qualified Contractor is not relieved by non-performance of any sub-Contractors. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 21 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 3.0 Requirements 3.1 OVERVIEW GTA has designated certain Minimum and Technical Requirements as necessary to do business with the State of Georgia for the provisioning of state-wide wireless service (which will include broadband, wireless, voice and data and telemetry as defined in Appendix J, Glossary, of this RFP). GTA must see a confirmation that the Qualified Contractor will provide these Minimum and Technical Requirements throughout the life of the Qualified Contractor’s contract with the State. Failure to see a confirmation that the Qualified Contractor will provide the certain Minimum and Technical Requirements may result in the delay of a fully executed Agreement until an agreement is concluded with the Qualified Contractor. By confirming each of the Minimum and Technical Requirements, your company is affirming that each of these will be part of the overall service to the State of Georgia during the duration of this contract. Additionally, you are also affirming that failure to meet or maintain these Minimum and Technical Requirements during the life of the contract will be considered as a service default to the intentions of this contract and to the consumers of this contract. GTA reserves the right to communicate the actions of the company to the public on the GTA website. All of the identified Minimum and Technical Requirements are considered the foundation of the agreement in APPENDIX H. GTA reserves the right to consider rejection of the Technical Requirements. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 22 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 3.2 MINIMUM REQUIREMENTS Important Information Companies currently under contract with GTA/Grandfathered Services Companies with a current GTA contract shall continue to provide the same level of service/products that they currently provide to the State of Georgia. This shall include all current plans and pricing described in the Agreement including all Amendments to that Agreement and all services/products that are hyperlinked from the GTA website. Companies not currently under contract with GTA/New Services Companies without a current contract with GTA will provide the requested information as described herein. AT&T Response: AT&T understands. 3.3 TECHNICAL REQUIREMENTS 3.3.1 DESCRIPTION OF TECHNICAL REQUIREMENTS The following section contains explanations of the technical requirements GTA is seeking. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 23 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 3.3.1.1 Website Establishment Grandfathered Services Companies with a current GTA contract shall continue to provide the same level of service/products they currently provide to the State of Georgia. This shall include all current plans described in the Agreement including all Amendments to that Agreement and plans that are available on the GTA website. GTA expects to see a confirmation, recorded in Appendix B in the Column Headed Grandfathered Affirmation that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. New Service Should your company not have a current contract with GTA, then GTA expects to see a confirmation, recorded in Appendix B in the Column Headed New Service Affirmation that the Qualified Contractor will provide the certain Technical Requirement. GTA expects to see the requested information recorded in a separate Appendix labeled “Supplemental” and include with the response. AT&T Response: AT&T understands. 3.3.1.1.a Overview GTA intends to hyperlink the Qualified Contractor’s website making it a direct link of the GTA website. The Qualified Contractor’s website will be the primarily ordering vehicle for State customers. It is anticipated that all GTA authorized products and services will be posted on the Qualified Contractor’s website. Additionally, GTA expects that all documents approved by GTA will be available through the Qualified Contractor’s website. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 24 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Any and all price changes or other modifications to the information contained on the website must be approved in writing by GTA prior to publishing the website. GTA expects to see a confirmation, recorded in Appendix B under the appropriate column heading that the Qualified Contractor will provide these certain Technical Requirements. Should your company not have a current contract with GTA, then you will provide a mockup of your intended website that will be used by ordering entities and record the response in Appendix labeled Supplemental and include with the response. AT&T Response: AT&T understands. 3.3.1.1.b Website Display of Products, Services, Pricing and Ordering Information The Qualified Contractors will provide State customers, promotions, ordering information, contracting information, and other authorized information to allow State customers additional understanding of the Qualified Contractor’s company or market trends. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 25 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 3.3.1.1.c Secure Web Access GTA requires that governmental entities have the ability (upon request) to access their individual customer information, such as billing and service plans, via a secure web site. Governmental entities will work directly with Qualified Contractors to set up individual user ID/password allocations. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. 3.3.1.1.d Website Completion/Availability The Qualified Contractor’s website must be minimally complete (GTA approved) prior to processing orders under this contract. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. 3.3.1.2 Wireless Communications Service Grandfathered Services Companies with a current GTA contract shall continue to provide the same level of service/products they currently provide to the State of Georgia. This shall include all current plans described in the Agreement including all Amendments to that Agreement and are on the GTA website. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 26 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 AT&T Response: AT&T understands. New Service Should your company not have a current contract with GTA, then you will provide the requested information recorded in a separate Appendix labeled “ Supplemental” and include with the response. AT&T Response: AT&T understands. 3.3.1.2.a Overview - Cellular / Wireless Commercial Service GTA requires that the Qualified Contractor provide cellular / wireless commercial service to the any and all recognized customers, as defined herein of the State of Georgia. The grade of digital cellular service provided with respect to circuit quality, reliability, call completion, and time of access, which must be equal to that provided to other commercial subscribers within the cellular system’s published service area. Should your company not have a current contract with GTA, then you will provide a map of Georgia indicating your coverage areas. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands how important coverage is to the State of Georgia, therefore we have identified over 600 new sites for acquisition in the next 3 years, with a quarter of them located in South & Coastal GA area, and the recent acquisition of the ATN will add over 300 additional sites above and beyond the 600 to provide much needed in-fill coverage in GA. Therefore, by the end of 2014, AT&T coverage across the entire state of Georgia is anticipated to be in close parity with Verizon. In addition to coverage, the next most important thing to be consider by the State of Georgia is the network design and the AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 27 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Disaster Preparedness of it partner, AT&T. At AT&T Disaster Preparedness is a corner stone of our company and only AT&T can offer the State of Georgia a total end to end solution. AT&T Wireless Disaster Preparedness The AT&T Network is extremely robust, designed with multiple levels of redundancy. Business Continuity / Disaster Recovery planning is extensive, is based on best practices and is well supported by our partners and equipment providers so that the network will be available to our customers in times when it is needed the most. The network is in a constant state of evolution. Our well- trained technical staff works closely with technology providers to utilize the most recently available developments to enhance network quality and reliability. Our vendors are selected based on the reliability of their products as well as their ability to support the equipment during a crisis. Only the most robust and durable equipment is employed in the AT&T Network. Network survivability is the ability for a network to continue to operate under adverse circumstances from natural disasters to community or national events. This is a complimentary discipline to “Disaster Recovery”. Both have long been practiced at AT&T. Survivability depends on a network being robust, diverse and redundant with special attention being given to known potential points of failure. The heart of any wireless network is the switching and associated interconnect facilities. AT&T relies on state-of-the-art network elements and transport systems. This equipment is tested and proven to be robust and fault tolerant and is deployed in such a manner as to provide diversity and redundancy. AT&T switching centers are geographically separated providing service for metropolitan areas across the United States. The locations were selected with accessibility, security and survivability in mind. Each of these centers are provisioned to be able to provide much of the same functionality as the other should one become, for some reason, inoperative. They are equipped with redundant interconnect facilities between themselves Figure 2: Dual Diesel Generators AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 28 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 and to multiple land-line service and long distance providers. The use of multiple service providers reduces the impact to AT&T if one of the providers experiences an outage. This is carried to the extent that different providers actually enter the buildings at different points and follow different routes to the buildings in order to decrease the probability of multiple failures. Battery Installation These efforts do not stop at the switching centers but are also considered in the design and deployment of the thousands of cell sites throughout the AT&T Network. The majority of sites are equipped with battery back-up and many also have generators with fuel for one week’s service. Contracts are in place to keep these units maintained and fueled indefinitely. The highest level of redundancy and capacity is considered when designing sites that provide coverage to hospitals, evacuation routes and major public service facilities. The location of each cell site is selected to provide access under extreme conditions and constructed to facilitate the same. The equipment is housed in purpose-designed shelters constructed of concrete that are extremely robust and highly resistant to weather, explosion, flood, fire, unauthorized entry and other conditions. The towers and foundations are designed well in excess of the required engineering specifications for wind and weight loading. Radio transmitter power and parameter settings are also considered so that there is significant overlap between cell sites. In the case where one is lost there is still coverage in the area and only total call capacity has been limited by the failure. In the event additional network capacity or coverage is required during a crisis event, AT&T has extensive Cell On Wheels (C.O.W.) equipment to provide temporary or long term coverage as needed. Figure 3: Backup Power Supply Figure 4: Cell Tower AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 29 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 These units are self-contained in either a light truck or trailer configuration and can be deployed and integrated into the network within hours when needed. No system can be built that is completely impervious to the potential ravages of nature so recovery plans must also be carefully considered. Our plans are reviewed, updated and tested on a quarterly basis to insure the highest level of accuracy and effectiveness. The entire network is provisioned with alarms indicating faults at any and every point. The network is monitored 24 x 7 x 365 by our Regional Network Operations Centers as well as thousands of local Operations Professionals. Teams of professionals equipped and trained to respond to any situation monitor these alarms both locally and remotely. In instances such as this, the resources of the entire nationwide company are available to any single market. This insures a rapid and efficient response so that outages can be quickly repaired or work-a-rounds put in place in case of a disastrous event. AT&T has backup battery power plants located at National and Regional Data Centers (NDCs, RDCs), Mobile Switching Centers (MSCs) and cell sites that are capable of providing at least six hours of service at peak operation. Back-up generators are also located at all data centers, MSCs, and critical cell sites, to provide back-up power and/or recharge existing batteries. A mobile fleet of more than 600 trailer-mounted generators can be deployed as needed. All data centers, MSCs, and cell sites are alarmed with power-fail alarms and are monitored 24 hours per day by our Data Center Operations group and Wireless Network Control Center (WNCC). As you will see from the map on the following page, the State of Georgia includes the Atlanta RDC, and resides within close proximity to the Dallas TX, and Allen TX RDCs. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 30 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Figure 5: Geographic Diversity of AT&T’s RDC’s/NDC’s AT&T also makes an immediate assessment of the impact of the disaster on the operation of the AT&T network in the market. Responses by AT&T are appropriate to the nature and extent of the disaster. For example, power outages at cell sites are addressed with the use of portable generators to keep cell sites running. Disasters that bring together large concentrations of wireless users are sometimes addressed with temporary cell sites called Cells on Wheels (COWs). COWs increase coverage and capacity for all AT&T users in a geographic area. AT&T has successfully deployed COWs in response to a wide variety of small and large-scale disasters in accordance with our Disaster Recovery program. These solutions are initiated for the benefit of all disaster relief agencies and AT&T users in an area rather than for specific customers. Additional factors that qualify AT&T as raising the bar for disaster recovery are • AT&T’s Crisis Management Program has certification as a Cellular Telecommunications and Internet Association (CTIA) Business Continuity/Disaster Recovery Program. • AT&T has a specialized team, equipped with incident command training, to tackle jobs in hazardous materials environment. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 31 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 • Company-owned stores in coastal areas have made arrangements with landlords to install generator quick-connects for restoration of emergency power if needed. Components of AT&T’s disaster recovery program include • A new generation of emergency resources built around two Atlanta-based mobile access command centers, (MACH). "Mach 1" and "Mach 2" feature generators, a satellite dish for constant communications, LAN connectivity and a PBX phone system. • Backup trailers that hold everything needed for cleanup from chainsaws to crowbars and shovels. • A base camp consisting of two 40-person climate-controlled tents with kitchen, bathroom, shower, laundry facilities and 12,000 ready-to-eat meals. • A medical RV to provide a staff nurse 24 hours a day. • A four-person RV capable of supporting repair technicians for several days. • 1,200 permanent and portable generators deployed on flatbed trailers transported to cell sites, retail stores, switches, offices, call centers and anywhere else that needs back-up power. • Extra Cells on Wheels (COWs), self-contained mobile cell sites towed or driven into an area to provide extra call capacity or to restore communications following a disaster. • Extra Cells on Light Trucks (COLTs), driven to a location where a mobile cell site is located. They include two masts for microwave antennas. • Two mobile sales offices ("Stores on Wheels") stocked with batteries, chargers and replacement phones. The offices contain fully functional point-of-sale terminals, printers, fax, high-speed connections, satellite TV and climate control that AT&T can deploy immediately. AT&T Network Reliability The AT&T Global Network is the largest, most sophisticated communications network in the world. On an average business day, it delivers more combined data, voice and Internet traffic to more locations, more reliably, than any other network. It carries an average of more than 27.4 petabytes of data each business day with world class offerings for packet delivery, latency, and with a 99.999% end-to-end assurance. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 32 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 AT&T provides a flexible and standardized set of networks and processes. Reliability is built into all layers of our network in an effort to eliminate failures impacting our customers. When an unavoidable failure occurs, our network architecture allows for rapid and automatic restoration of services. NDR - AT&T Network Survivability Protocol Network Disaster Recovery • Manual Repair, if necessary • Automatic Reconfiguration via Rules-based Software Automation • Automation Isolation and Root Cause Correlation • Intelligent Monitoring to “Predict” Problems • Rigorous Pre-deployment Testing • Network Designed for Resiliency from the Ground Up Survivability built in layers AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 33 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 NDR - AT&T Disaster Response Process The condition of AT&T’s global network is continually monitored in our Global Network Operations Center (GNOC). When an anomaly occurs that threatens or actually impacts the performance of our network, the response is managed by the GNOC staff through a practiced and proven incident command process called 3CP (Command, Control, and Communications). The incident command team is led by a Network Duty Officer in the GNOC, a role that is staffed around the clock, every day of the year. The GNOC coordinates the network incident response across AT&T organizations, assessing the impact of the event in near-real time and prioritizing the restoration efforts. In response to a catastrophic event, the GNOC would activate AT&T’s Network Disaster Recovery Team and would monitor its response. AT&T Network Disaster Recovery Network Disaster Recovery (NDR) is part of AT&T Network Operations. NDR’s primary responsibility is to restore the functionality of an AT&T network office that is completely destroyed or rendered useless by a natural or manmade disaster. This type of restoration would exceed the normal capabilities of our normal network operations maintenance processes and would require long-term deployment of specialized equipment and resources. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 34 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 AT&T NDR Office Recovery Strategy When activated, NDR pulls a current profile of the lost or failed office and deploys recovery equipment trailers that mirror the type of technology that was housed in the impacted network office. The recovery compound is spliced into the AT&T network and assumes the identity and functions of the lost office. AT&T Network Disaster Recovery Team The NDR Team is composed of AT&T managers, engineers, and technicians who have received special training in the physical recovery of the AT&T Network. Team members (AT&T employees from across the United States and in EMEA) volunteer for this assignment. Members participate in several recovery exercises each year to sharpen and practice their skills using the disaster recovery equipment and processes. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 35 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Thirty-three team members have been trained to respond to hazardous materials incidents and are qualified to work in buildings that may have been exposed to chemical, biological, radiological or nuclear contaminants. AT&T Network Disaster Recovery Equipment All of the telecommunications equipment required to recover a destroyed AT&T network office is transported to a recovery site in specially-designed technology trailers. Each trailer has self-contained or dedicated power and environmental capabilities and each houses a component of the network technology that would normally be part of a permanent office. Once on site, the individual components are interconnected to match the unique configuration of the damaged or destroyed office. Since its formation in 1992, AT&T has invested more than $0.6 Billion in its NDR capability. AT&T now has more than 320 trailers and support vehicles containing network technology, infrastructure, and support elements. • AGN • ATM, Frame Relay & IP AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 36 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 • CNI (Intelligent Optical Switch) • DACS • DMS Switch • 5ESS Switch • Intercity Services • Lightwave When in their warehouses, the NDR technology trailers are kept powered-up and connected to our network to assure that they are in a constant state of readiness. AT&T NDR Emergency Communications NDR establishes broadband voice and data connectivity from disaster sites using one or more Emergency Communications Vehicles (ECVs). The ECV is a four-wheel drive van or SUV equipped with generators, a satellite antenna and satellite modem, and voice/data compression equipment. Once deployed, the ECV provides a recovery site with a mix of voice/data circuits and IP connectivity to the AT&T Network. The ECVs can also support a small set of cellular users using microcells. In addition to supporting network events, including NDR’s 9/11, Katrina & Ike responses, AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 37 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 our ECVs have also been deployed for humanitarian relief missions. AT&T NDR Emergency Communications The Network Disaster Recovery Team uses Satellite COLTs (Cell on Light Truck) to provide cellular communications capabilities in areas that have been isolated from the existing network, such as after cell towers have been damaged by tornadoes, or in areas that do not normally have cellular service. The Satellite COLTs provide a rapid way to provide cellular service in the first few days following a disaster. In a long-term recovery, they would be replaced by traditional terrestrial COLTs or COWs (that can support a greater number of users) until the permanent sites could be returned to service. AT&T NDR Program Structure AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 38 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 AT&T NDR Field Exercises The NDR team has conducted field exercises three or four times a year since its formation in 1992. The exercises test as many of the NDR processes as possible, from the initial call-out, to equipment transportation and setup, to technology turn-up and testing. At these exercises, team members are given hands-on training on new technologies and the recovery equipment is operated in field conditions. The drills are held throughout the United States in a wide variety of weather and settings and using a variety of recovery scenarios. NDR’s 2011 exercise schedule: • Dallas/Addison , TX – February • Western U.S. Warehouse – May • London (UK) – July • Washington, DC – October AT&T NDR Deployments NDR has provided its equipment and members of the team in response to smaller scale problems affecting the AT&T Network. Those partial and precautionary deployments included responses to hurricanes, fires, flooding, an earthquake, a gas line explosion, and a train derailment. The NDR Team has also provided emergency communications support for a variety of humanitarian relief efforts, including a five-ECV and incident command team deployment following Hurricane Katrina in 2005 and extensive deployments along the gulf coast during the 2008 hurricane season (including emergency communications and office recovery on Galveston Island). Prior to the World Trade Center disaster, the NDR Team had never been fully deployed. On September 11, 2001, AT&T activated the NDR Team for a full-scale disaster response. The team and the recovery equipment arrived in northern New Jersey early on September 12th. The recovery equipment was positioned and turned-up to receive service forty-eight hours later. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 39 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 AT&T NDR Recent Developments AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 40 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 NDR Overview Partnership with AT&T EH&S • Research and obtain environmental permits. • Complete job hazard assessments and prescribe personal protective equipment. • Create and implement site health and safety plans. • Provide compliance training. • Establish safe work practices. • Provide assistance with emergency response and waste management activities. • Provide on-site Safety Officer support. AT&T Wireless Priority Service Prompt access to the wireless network is critical in emergency situations Sometimes, in large-scale emergencies, circuits can become overloaded and wireless networks can become jammed— delaying calls and crucial emergency response. To address this, university and wireless companies worked together to create Wireless Priority Service (WPS). WPS General Overview In compliance with the Department of Homeland Security’s National Communications System’s Wireless Priority Service (WPS) program, AT&T provides WPS to all major metropolitan areas in the U.S. AT&T was the first GSM carrier to provide this service. WPS is the wireless complement to the wireline Enterprise Emergency Telecommunications Service (GETS). GETS utilizes the Public Switched Telephone AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 41 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Network (PSTN) to provide enhanced wireline priority service to qualified personnel. WPS users are authorized and encouraged to use GETS to better their probability of completing their call during periods of wireless and wireline network congestion. WPS users should contact their agency GETS Point of Contact (POC) to request a GETS card or visit the GETS website at http://gets.ncs.gov for more information. The following WPS qualifying criteria apply equally to all users and will be used as a basis for all WPS approvals/assignments. There are five WPS NS/EP criteria. Categories include 1. Executive Leadership and Policy Makers 2. Disaster Response/Military Command and Control 3. Public Health, Safety and Law Enforcement Command 4. Public Services/Utilities and Public Welfare 5. Wireless Disaster Recovery These criteria were selected to meet the needs of the emergency response community and provide access for the command and control functions critical to management of and response to national security and emergency situations, particularly during the first 24 to 72 hours following an event. WPS should only be requested for key personnel in NS/EP leadership positions. WPS is not intended for use by all emergency service personnel. AT&T Network Disaster Recovery Program (NDR) AT&T's commitment to our customers doesn't stop when a natural or a man-made disaster occurs. The AT&T NDR organization is responsible for the rapid recovery of service at AT&T sites following a catastrophic event. AT&T's NDR Plan has three primary goals: 1. Route noninvolved telecommunications traffic around an affected area. 2. Give the affected area communications access to the rest of the world. 3. Recover communications service to a normal condition as quickly as possible through restoration and repair. AT&T’s Network Disaster Recovery (NDR) capability was specifically developed for rapid service recovery during a wide range of disaster scenarios. Network Disaster Recovery provides business continuity and recovery capabilities for the AT&T Network AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 42 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 including its wireless network. Since its inception in 1991, AT&T has invested over $500 million in its NDR program. 3.3.1.2.b Protocol GTA requires that the Qualified Contractor will provide service digital protocol being used (e.g. TDMA, GSM) and the designation of all applicable TIA/EIA standard(s). GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands and is a GSM wireless based carrier. 3.3.1.2.c Devices GTA requires that the Qualified Contractor identify and describe advanced wireless devices that are supported on Qualified Contractor’s network, in addition to the basic cellular and wireless devices. Advanced wireless devices may include, but need not be limited to, smart phones, wireless connection cards, dual cellular and Wi-Fi phones, and other wireless devices that integrate any or all the following features and technologies – email, web, phone, GPS, MDS, SMS, organizer, software applications to include other IEEE 802.xx standard. Should your company not have a current contract with GTA, then you will identify and describe your top 5 (offered) basic and advanced wireless devices that are supported on Qualified Contractor’s network. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement and the top 5 offered basic and advanced devices recorded in a separate Appendix labeled “ Supplemental” and include with the response. AT&T Response: AT&T understands and our GSM network supports both basic cellular devices and advanced wireless devices which include, smart phones, wireless connection cards, dual cellular and Wi-Fi phones, and other wireless devices that integrate all the following AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 43 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 features and technologies – email, web, phone, GPS, MDS, SMS, software applications and others. 3.3.1.2.d Software Applications GTA requires that the Qualified Contractor identify the top 5 most frequently used third party software applications and/or integrated solutions for Qualified Contractor’s proposed wireless devices. Should your company not have a current contract with GTA, then you will provide a list of your top 5 third party software applications. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands and will lists top third party software application is Supplemental section. 3.3.1.3 Cellular/ Wireless Voice Service Offerings/Plans 3.3.1.3.a Cellular/ Wireless Voice Service Offerings/Plans for Existing Customers GTA requires that the Qualified Contractor will provide Wireless Cellular Voice service under a category of “Grandfathered - Voice - Pooled Minutes Plan(s)”. This offering is to provide existing customers that do not desire a change to their existing Wireless Cellular Voice service. This requirement applies only to the current Contractors of wireless service to the State. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 44 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 3.3.1.3.b Cellular / Wireless Data Service for Existing Customers GTA requires that the Qualified Contractor will provide Wireless Cellular Data service under a category of “Grandfathered - Data - Unlimited Minutes Plan(s)”. This offering is to provide existing customers that do not desire a change to their existing Wireless Cellular Data service. This requirement applies only to the current Contractors providing wireless data service to the State. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. 3.3.1.3.c Wireless Cellular Text Service for Existing Customers GTA requires that the Qualified Contractor will provide Wireless Cellular Voice service under a category of “Grandfathered - Text - Pooled Minutes Plan(s)”. This offering is to provide existing customers that do not desire a change to their existing Wireless Cellular Voice service. This requirement applies only to the current Contractors of wireless service to the State. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 45 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 3.3.1.3.d New Cellular/ Wireless Voice Service Qualified Contractors that do not currently hold a contract with GTA will insure that Voice Pooled Minutes are available for customers. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. 3.3.1.3.e New Cellular / Wireless Data Service Contractors that do not currently provide service will insure that Unlimited Data are available for customers. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: N/A. We have a current agreement with GTA. 3.3.1.4 Fees, Penalties, Invoicing and Reporting Grandfathered Companies with a current GTA contract shall continue to provide the same level of service/products they currently provide to the State of Georgia. This shall include all current plans described in the Agreement including all Amendments to that Agreement and are available on the GTA website. GTA expects to see a confirmation, recorded in Appendix B that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 46 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 New Service Should your company not have a current contract with GTA, then you will provide the requested information, recorded in Appendix B. AT&T Response: AT&T understands. 3.3.1.4.a Activation Fees. GTA requires that no Activation fees or charges will apply to any governmental entity ordering services under the final agreement. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. 3.3.1.4.b Upgrade/Trade-In Fees. GTA requires that no Upgrade/Trade- In fees or charges will apply to any governmental entity ordering services under the final agreement. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 47 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 3.3.1.4.c Early Termination Fees Applied for Transferring From Existing Contracts (if applicable) to New Contract. GTA requires that any governmental entity receiving wireless communication services from a Qualified Contractor under a pre-existing agreement be permitted to elect to receive similar services from such Qualified Contractor (if such Qualified Contractor subsequently obtains a Contract Award under this RFP) without being subject to any early termination fees or other penalties as may be provided under such pre-existing service agreement. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. 3.3.1.4.d Penalties GTA requires that no governmental entity will be held liable for penalties of any kind, including but not limited to interest on late payments, cancellation charges, or early termination charges. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 48 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 3.3.1.4.e Taxes GTA requires that the Qualified Contractor be solely responsible for the payment of any and all taxes lawfully imposed upon it, including but not limited to taxes on property owned, leased or used by the Qualified Contractor; franchise or privilege taxes on its business; gross receipts taxes to which it is subject; and income taxes. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. 3.3.1.4.f Invoicing and Invoice Layout/Billing Detail GTA requires that the Qualified Contractor invoicing system should have the capability to be itemized by type of service, users/devices, and additional features. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. 3.3.1.4.g Payment Responsibility GTA will be responsible for services provided to GTA, and will not be responsible for payments for any services rendered to individual Agencies. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 49 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 3.3.1.4.h Agency Subscriber Agreement/Electronic Ordering Document GTA expects for each user entity to be issued an Agency Subscriber Agreement/Electronic Ordering Document that cannot be in conflict with the Master Agreement. Should your company not have a current contract with GTA, then you will provide a draft of the Agency Subscriber Agreement/Electronic Order Document. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. 3.3.1.4.i Reporting Quarterly GTA requires that a quarterly summary report be provided to GTA during the term of the Agreement setting forth the current usage of services listed by State of Georgia recognized governmental entity and total cost for each governmental entity. This report will be in an MS Excel 2010 and must be emailed to the following address: contracts@gta.ga.gov. GTA has provided a sample quarterly summary report as Appendix K. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement, taking into consideration the 180 days available to obtain the necessary consent. AT&T Clarification: Per the question and answers received from GTA (Question 7 and Question 12 of the Q&A) this section will be discussed and negotiated upon award. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 50 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Usage GTA may require the Qualified Contractor to provide a separate, more detailed Usage Report. Should this be necessary, GTA will work directly with the Qualified Contractor to determine the appropriate content and format of the separate report. Separate reports may be required on a quarterly basis. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement, taking into consideration the 180 days available to obtain the necessary consent. AT&T Response: AT&T understands. 3.3.1.4.j Release of Information Consent GTA expects that all participating entities are deemed to have consented to the release of any required reporting information to the GTA (including information generally deemed Customer Proprietary network Information (CPNI) for the purposes of monitoring the contract, calculating the fees that a due and payable to GTA and to address specific ad hoc questions posed by news media, internal GTA personnel or elected officials. This information includes but is not limited to and total cost for each governmental entity. Users have a right to decline to release this information; however, they may not purchase under the GTA contract if they choose to do so. All qualified contractors will have approximately 180 days from contract award to obtain the necessary consent. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement, taking into consideration the 180 days available to obtain the necessary consent. AT&T Clarification: Per the question and answers received from GTA (Question 7 and Question 12 of the Q&A) this section will be discussed and negotiated upon award. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 51 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 3.3.1.5 Services Features and Attributes Grandfathered Services Companies with a current GTA contract shall continue to provide the same level of service/products they currently provide to the State of Georgia. This shall include all current plans described in the Agreement including all Amendments to that Agreement and are on the GTA website. AT&T Response: AT&T understands. New Service Should your company not have a current contract with GTA, then you will provide the requested information. AT&T Response: AT&T understands. 3.3.1.5.a Customer Support GTA requires that a 24/7 customer support must be made available through Qualified Contractor’s website, as well as a toll-free telephone number. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 52 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 3.3.1.5.b Lost or Stolen Equipment GTA requires that a 24/7 toll free telephone number must be maintained for reporting lost or stolen equipment so that service may be shut off for the number(s) involved. State of Georgia recognized governmental entities will not be responsible for any usage or other charges after reporting the equipment as lost or stolen. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 53 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 3.4 DESCRIPTION OF PRICING REQUIREMENTS Do Not Record Actual Pricing on the Technical Requirements Response Worksheet. This section is seeking information regarding the service offerings. AT&T Response: AT&T understands and complies. Grandfathered Services Companies with a current GTA contract shall continue to provide the same level of service/products they currently provide to the State of Georgia. This shall include all current plans and pricing described in the Agreement including all Amendments to that Agreement and are available on the GTA website. AT&T Response: AT&T understands. New Services Should your company not have a current contract with GTA, then you will provide the requested information. AT&T Response: AT&T understands. 3.4.1 Competitive Rates GTA requires that the pricing, rates and terms offered by the Qualified Contractor under the final Agreement is at least as favorable as the pricing, rates and terms offered to Qualified Contractor’s ’s similarly situated customers. GTA expects to see a AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 54 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. GTA requires that the pricing, rates and terms offered by the Qualified Contractor under the final Agreement remains competitive with the pricing, rates and terms offered in the market. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. GTA requires that the Qualified Contractor identify the top 5 most frequently used pricing plans for Voice, Data and unlimited data and record the information in Appendix “Supplemental” AT&T Response: AT&T understands. 3.4.2 Pooling Minute/Message/Data Pooling GTA requires that the Qualified Contractor have the ability to allow Agencies to pool minutes at either an Agency level or within a specific department within an Agency. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. 3.4.3 Pricing Change Procedures during the Term of the Agreement Making any changes to the Qualified Contractor’s product/services offering or to the authorized price list on the Qualified Contractor’s website, the Qualified Contractor shall notify the GTA Contract Administrator by e-mail of its intent to make a change and describe the proposed change. GTA expects to see a confirmation, recorded in Appendix AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 55 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. 3.4.3.a GTA may, in its sole discretion, prohibit any requested change or direct the Qualified Contractor to undo any change already made. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. 3.4.3.b Any purchase order entered into based on an unauthorized change to product/service or price list may be voided by GTA at its sole discretion. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 56 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 3.4.4 Administrative Fee Grandfathered Services Companies with a current GTA contract shall continue to provide the same level of service/products they currently provide to the State of Georgia. This shall include all current plans and pricing described in the Agreement including all Amendments to that Agreement and are on the GTA website. AT&T Response: AT&T understands. New Service Should your company not have a current contract with GTA, then you will provide the requested information. AT&T Response: AT&T understands. 3.4.4.a GTA requires that the Qualified Contractor agrees to remit to GTA a fee of 1.5 % of sales for administrative services (“Fee”) as specified below. The prices stated in the Proposal shall include all amounts necessary for the Qualified Contractor to meet this obligation. The Qualified Contractor shall factor the Fee into its’ pricing and shall not separately itemize. GTA expects to see a confirmation, recorded in Appendix B, under the appropriate column heading, that the Qualified Contractor will provide the certain Technical Requirement. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 57 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 4.0 Proposal Submission 4.1 Economy of Presentation Each proposal shall be prepared simply and economically, providing straightforward, concise delineation of Qualified Contractor’s capabilities to satisfy the requirements of this RFP. Fancy bindings, colored displays, and promotional materials are not required. Emphasis on each proposal must be on completeness and clarity of content. To expedite the evaluation of proposals, it is essential that Qualified Contractors follow the format and instructions contained herein. Each Original Proposal should be bound with an index and each section should be delimited by tabbed section dividers. AT&T Response: AT&T understands. 4.2 Submission of Proposals Proposals must be submitted in three (3) parts: an Administrative Package, a Technical Proposal with the appropriate Supplemental Appendix and a Price Proposal. The proposal packages must be sealed and identified as follows: • Proposal of (Your Company’s Name): • Type of Package: (Administrative, Technical or Price) • RFP Number: GTA794, Wireless Communications Services • Proposal Opening Date and Time: (See Error! Reference source not found.) Any proposal received after the due date and time MAY BE rejected. Time shall be determined by GTA’s Time Stamp. The acceptance of late proposals shall be governed by GTA Rule 665-2-4-.06. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 58 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Submit all proposals to the attention of the Contracting Officer at the address provided on the Cover Page of this RFP. AT&T Response: AT&T understands. 4.3 Administrative Package Content The Qualified Contractor must provide one (1) signed original hardcopy and one (1) CD- ROM copy, clearly labeled, “[Qualified Contractor’s Name] – Administrative Package,” of the following Administrative documents: • Qualified Contractor’s Information Form (Appendix D) • Signed Proposal Certification Letter (Appendix Appendix E) • Statement of Responsibility Certification Form (Appendix F) • Signed Addenda Signature Page(s) (if applicable) • Signed Sales and Use Tax Compliance Form (Appendix G) • Signed Agreement or Redlined Agreement (Appendix H) • Signed Security and Immigration Form (Appendix L) Qualified Contract Name –Administrative Package AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 59 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 4.4 Technical Proposal Content GTA has established the following as certain criteria designed to addresses the Technical Proposal content. 4.4.1.1 The Technical Proposal must not contain any proposed prices. AT&T Response: AT&T understands and complies. 4.4.1.2 In order to facilitate the State’s evaluation of the proposals, GTA has designated certain of the Technical requirements as “Affirmation Statements”. For these “Affirmation Statement” Technical Requirements, GTA expects to see an affirmation recorded in Appendix B, Technical Requirements Worksheet and if applicable the required information recorded in a separate Appendix “Supplemental” which should include a complete description of how the Qualified Contractor elects to address and provide the Technical Requirement. AT&T Response: AT&T understands. 4.4.1.4 The Qualified Contractor’s responses to the requirements must be arranged in the sequence in which the requirements are referenced, and formatted with responses inserted directly after the requirement or request, unless otherwise specified. Specific answers may be cross-referenced throughout Qualified Contractor’s response to avoid duplication of material. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 60 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 4.4.1.5 Additional information may be submitted to accompany the proposal. In submitting additional information, please mark it as supplemental to the required response. AT&T Response: AT&T understands. 4.4.2 Number of Copies One (1) original version (clearly labeled as, “ORIGINAL”) and three (3) CD-ROM copies of Qualified Contractor’s ENTIRE Technical Proposal. The CD-ROM should be clearly labeled, “[Qualified Contractor’s Name] – Technical Proposal.” AT&T Response: AT&T understands and complies. 4.4.3 Required Sections Please include a detailed Table of Contents with all required data organized in accordance with these RFP instructions. Qualified Contract Name Technical Proposal to include Appendix B, Technical Requirements Response Worksheet Appendix, Supplemental AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 61 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 4.5 Price Proposal Content 4.5.1 Number of Copies One (1) original version (clearly labeled as, “ORIGINAL”), one (1) hard copy and three (3) CD-ROM copies of Qualified Contractor’s ENTIRE Price Proposal submitted in a package separately sealed from the Price Proposal. The CD-ROM should be clearly labeled, “[Qualified Contractor’s Name] – Price Proposal.” AT&T Response: AT&T understands and complies. 4.5.2 Pricing Format 4.5.2.1 Submission Format. Any mixing of technical requirements information and actual dollar pricing information may cause a rejection of your proposal. Submit the Qualified Contractor’s retail pricing matrices with the bid prices being represented by a percentage discount off of Qualified Contractor’s standard retail prices. Qualified Contractor shall not anticipate nor rely on clarifications, discussions, redefinition, or further negotiations with GTA after Contract Award to adjust Qualified Contractor’s proposed pricing. Any efforts by Qualified Contractor to limit, qualify, caveat, restrict or place conditions on the prices being offered may be considered to be a violation of the price submission requirement and may result in the proposal being rejected as non-responsive. The Qualified Contractor’s retail pricing matrices should be recorded on Appendix C, Pricing Response Worksheet. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 62 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Qualified Contractor’s Name Price Proposal as recorded on Pricing Response Worksheet (Appendix C) AT&T Response: AT&T understands. 4.5.2.2 Additional Discounts Qualified Contractors are urged, but not required, to offer additional discounts for volume, tiers and/or one time delivery of large single orders of any assortment of items. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 63 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 5.0 Evaluation 5.1 General An evaluation team consisting of a technical and price evaluation committee will conduct a competitive source selection in accordance with GTA Rules and the approach outlined in this Section 5. The State reserves the right to reject any and/or all proposals. AT&T Response: AT&T understands. 5.1.1 Communications and Clarifications Process Written Communications and Clarifications are not required, may not occur, and are not intended to substitute for a well-written Proposal or to facilitate negotiations of any Proposal. All Responsive Qualified Contractors’ responses to written Communications and Clarifications: 1) must be submitted in writing (e-mail and fax permitted); 2) are incorporated into and become part of Qualified Contractor’s Proposal; and 3) can and will be relied upon by the Evaluation Team, the GTA, and the State. AT&T Response: AT&T understands. 5.1.2 Oral Presentations (Optional) After the preliminary technical evaluation, some Qualified Contractors may be requested to make one or more oral presentations regarding their Proposals, at dates, times and locations determined by the GTA. The purpose of such presentations will be to allow Responsive Qualified Contractors to explain their proposed solutions and key points of their Proposals. Additionally, Qualified Contractors may be asked Questions in order to provide a better understanding of how the Responsive d Qualified Contractor’s proposed solution will meet the requirements of the RFP. It is critical that Qualified Contractors AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 64 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 bring staff familiar with the detailed contents and solutions presented within Responsive Qualified Contractor’s Proposal in order to maximize the productivity of the Oral Presentation sessions. Any and all discussions that occur during Oral Presentation sessions shall be considered Communications as the term is defined in Section 665-2-1- .02 (f) of the GTA rules. Responsive Qualified Contractors should be aware that, under GTA Rules, Communications shall not be used to cure material omissions in the Proposal. Oral presentations are not required, may not occur, and are not substitutes for a well-written Proposal. AT&T Response: AT&T understands. 5.1.3 Best and Final Offers (Optional) At any time after the initiation of negotiations, Qualified Contractors may be invited to submit best and final offers (BAFOs). At this time, Qualified Contractors can make their prices as competitive as possible and address Questions and concerns specifically raised during negotiation/discussions. Revisions submitted by Qualified Contractors as part of their BAFOs may q the evaluation team to revise their scoring. In the event that a Competitive Range has been determined, requests for BAFOs shall be limited to those Qualified Contractors in the Competitive Range. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 65 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 5.1.4 Financial Information GTA reserves the right to request evidence of an Qualified Contractor’s financial capability or stability and to conduct additional due diligence in this area at the sole discretion of GTA or at the request of any State of Georgia recognized governmental entity that will receive the benefits or services under any contract awarded pursuant to this RFP. AT&T Response: AT&T understands. 5.2 Administrative & Technical Requirements Minimum Expectations Review of Proposals 5.2.1 The Contracting Officer will be responsible for performing a review of the administrative requirements set forth in the RFP and for verifying if each Proposal is compliant with the technical Minimum Expectations and the Pricing Minimum Expectations set forth in the RFP. AT&T Response: AT&T understands. 5.2.2 Failure to confirm one or more of the Technical Minimum Expectation(s) and/or the Pricing Minimum Expectation(s) may result in the delay of a contract award. Proposals that (i) are determined to be materially incomplete; or (ii) Qualified Contractors that do not satisfy the administrative requirements of the RFP in an acceptable timeframe as determined by GTA; may be declared non-responsive and rejected with no further evaluation. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 66 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 5.2.3 Qualified Contractors that affirm all Minimum Expectations will be eligible to receive an Agreement. (Further negotiations on non-technical terms and conditions may impact a final award of an Agreement.) AT&T Response: AT&T understands. 5.2.4 Qualified Contractors that do not affirm all Minimum Expectations will not receive an Agreement until negotiations result in a satisfactory solution to GTA. All decisions will be at the sole discretion of GTA. (Further negotiations on non-technical terms and conditions may impact a final award of an Agreement.) AT&T Response: AT&T understands. 5.3 Technical Proposal Evaluation 5.3.1 A technical review committee comprised of State employees will assess the merits of the Technical Proposal. The State may engage one or more consultants or attorneys to assist in an advisory capacity. The committee will review the responses to the technical requirements of the RFP. Incomplete, inconsistent or inaccurate responses in the Technical Proposal may have a negative impact on the rating. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 67 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 5.3.2 Qualified Contractors are urged to convey the technical material and other factors necessary to meet the expectations of the RFP in sufficient detail within their written Proposal, rather than to seek to negotiate or provide such factors through written Communications, and Clarifications. AT&T Response: AT&T understands. 5.4 Price Proposal Evaluation 5.4.1 A price evaluation committee comprised of GTA state employees will conduct an analysis and will confer a consensus score of between 1-4. GTA may engage one or more consultants to assist in an advisory capacity. At the sole discretion of GTA, this score will be applied to the Qualified Contractor’s submitted Price Proposal. AT&T Response: AT&T understands. 5.4.2 GTA expects to see an overall % off of published list prices. The Qualified Contractor offering the largest percentage off of list price will be awarded a score of 4. Lower percentage of discounts off of list price will be awarded scores of between 1-3. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 68 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 5.4.3 Price has the same relative importance as each individual technical evaluation area listed above. AT&T Response: AT&T understands. 5.5 Selection of Successful Qualified Contractor(s) and Contract Award(s) 5.5.1 The Contract Award(s) shall be made to the responsible Qualified Contractor(s) whose proposal is determined to be the most advantageous to the State, taking into account all evaluation factors set forth in this RFP, subject to GTA and such Qualified Contractor’s ability to agree and enter into a final Agreement (see subsections below). Responsibility shall be determined in accordance with GTA Rules and responsibility criteria set forth in this RFP. AT&T Response: AT&T understands. 5.5.2 GTA reserves the right to reject or negotiate any or all of Qualified Contractor’s additional terms or conditions, or Qualified Contractor’s proposed modifications to GTA’s stated terms or conditions. GTA reserves the right to modify, add or delete provisions consistent with the successful Qualified Contractor’s proposal as needed to assure that the final executed Agreement accurately reflects the parties’ intent, the procurement and the award. AT&T Response: AT&T understands. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 69 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 5.5.3 Prior to award, Qualified Contractor(s) may be required to enter into communications, clarifications and/or negotiations (collectively referred to as, “discussions”) with the GTA to resolve any contractual differences before an award is made. These discussions are to be finalized and all exceptions resolved within ten (10) business days of notification of intent to award or such other period as GTA may authorize. AT&T Clarification: AT&T understands the ten (10) day requirement but has concerns about the reasonableness of this timeframe. To that end, AT&T will agree to work diligently with GTA to expeditiously resolve all issues raised in the “discussions”. AT&T respectively requests in the event issues cannot be resolved in the ten day timeframe AT&T and GTA will mutually agree upon an extended timeframe for resolution. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 70 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Appendix Supplemental 3.3.1.2.c Devices AT&T understands and our GSM network supports both basic cellular devices and advanced wireless devices which include, smart phones, wireless connection cards, dual cellular and Wi-Fi phones, and other wireless devices that integrate all the following features and technologies – email, web, phone, GPS, MDS, SMS, software applications and others. Here is a partial list of some of the devices we support: a. Basic cell phone: 1) Samsung Rugby III Samsung Rugby® III is a rugged flip phone with Enhanced Push-to-Talk (PTT),* a 3- megapixel camera with video recorder, and a 2.4-inch QVGA display for superior image quality. It’s designed to handle harsh environments** and supports 3G service, one-touch GPS navigation, POP3 email, and a full line of media and social networking services. From campsite to job site, Rugby III has the capability to meet your instant communication needs, along with the durability to handle almost anything life throws its way. Designed for durability: Whether you’re on the job site, hiking the trails, or taking the kids to the beach, Samsung Rugby III is designed to withstand the demands of your active lifestyle. It’s built to meet military standard specifications** for dust, humidity, rain, and shock, and it’s IP67 water resistant, so you can take your phone just about anywhere. Keeps you connected: With AT&T Enhanced PTT,* you can connect quickly with individuals or work groups. It’s built for the mobile workforce, helping you stay connected while on the job. Preloaded mobile email and social networking apps enable you to communicate with ease, and you can customize your phone with the wide selection of apps, games, and ringtones available from AT&T AppCenter®. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 71 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 2) Samsung Rugby II The Rugby II is an extraordinarily durable basic cell phone, certified to Military Standard 810G, which can handle anything from drops and vibrations...to rain and dust. Get to the jobsite with time to spare for sandwiches ? AT&T delivers turn-by-turn directions and proactive traffic alerts. Other advanced aGPS features include Allsport, a GPS trainer and workout tracker, and Loopt, a location-based social network app. Call restriction features You’re all about business. So is the Samsung Rugby™ II, which gives you the ability to limit phone numbers to only those on the SIM card or in the device’s contacts. You can also restrict IM, Messaging, and Address Book among other features to ensure that the device is used solely for the job at hand. 3) Pantech Breeze III: The Pantech Breeze III™ brings you all the great features you’ve come to expect from the Breeze line of phones, including a bright external display, external status indicators, Quick call keys, an intuitive menu, and large keyboard buttons. And with the addition of Audience earSmart™ noise suppression technology, calls are crisper and clearer than ever before. The stylish Breeze III also boasts the addition of great new tools like a tip calculator, pill reminder, and micro USB charger support—adding additional convenience to an already full-featured, user-friendly flip phone. Voice recognition: Just say a command and your phone will find a contact, place a call, or start a text message. The readout mode setting enables your phone to verbally announce key presses and incoming notifications, or read out text messages. Plus, Breeze III is Bluetooth® and micro USB compatible, so you can choose which headset to use. 4) LG A340: LG A340 is an economical and eco-conscious* flip phone that will easily fit in your purse or pocket. Featuring dual color screens, its housing is made from 17% recycled materials, and it comes with an energy-efficient charger. LG A340 also features a 1.3- megapixel external camera with video recorder, supports four languages (English, Spanish, French, and Korean), and has a large number pad with dedicated Camera, Alarm, Text-to-Speech, and multitasking keys. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 72 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Be eco-conscious.* LG A340 is both stylish and environmentally friendly. You get a compact and easy-to-carry flip-design phone, featuring internal and external color screens, that’s partially constructed from recycled materials. It also comes with an energy-efficient charger that draws less power than traditional chargers. Stay connected when mobile. LG A340 helps you stay in touch with text and picture messaging. Hear your text messages read aloud using the text-to-speech functionality. Send quick updates to Twitter™, Facebook®, and more with AT&T Social Net.** 5) LG Xpression: Slim, stylish, and well-connected … LG Xpression™ has it all. Browse the mobile Web on the 3-inch WQVGA touchscreen display, or message your friends and colleagues using the full QWERTY keyboard. Xpression supports a comprehensive line of 3G services: media, location, and downloadable music. And it comes equipped with a 2- megapixel camera and camcorder, so you can capture those special moments on the go. Browse and text with ease. Web browsing and dialing is easy on the large touchscreen display, and the full slide-out keyboard makes text entry just as simple. With LG Instant Note you can enter text with one touch, and then send through SMS or upload to Facebook® or Twitter™. Get the latest games and apps. Go to the AT&T AppCenter® storefront for all your favorite games and apps—like AT&T Social Net,* which gives you quick access to your social networks. Find your way with enhanced GPS. With the AT&T Navigator®** app you get turn- by-turn voice and onscreen driving directions, maps, business listings, and real-time traffic updates. Finding where you want to go, and getting there, has never been easier. b. Smartphones: 1) Apple iPhone 5 iPhone® 5 features a 4-inch Retina® display, the powerful A6 chip, an 8-megapixel iSight® camera with panorama, ultrafast wireless, iOS® 6, and iCloud®. Yet it's the thinnest, lightest iPhone ever. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 73 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Voice & Calling FaceTime® video calling1 Apple® EarPods with Remote and Mic Messaging iMessage®—Send messages to any Apple® iPhone®, iPad®, or iPod touch® running iOS® 5 or later. Software & Connectivity iOS 6—The world’s most advanced mobile OS 802.11a/b/g/n Wi-Fi (802.11n 2.4GHz and 5GHz) Bluetooth® 4.0 Input and output: Lightning connector; 3.5-mm stereo headphone minijack; built-in speaker; built-in microphone; SIM card tray Camera & Video 8-megapixel iSight® camera with panorama 1080p HD video recording FaceTime HD camera for video calls1 Highlights 4-inch Retina® display Ultrafast wireless A6 chip Personalization & Entertainment Over 800,000 apps on the App Store2 All-new Apple EarPods AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 74 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Organization Siri®—Your intelligent assistant iCloud®—Your content on all your devices 2) Blackberry Z10 Powered by BlackBerry® 10.1, the 4G LTE-ready BlackBerry Z10 is built to keep you moving.* Every feature, every gesture, and every minute detail is designed with you in mind. With the BlackBerry Z10, you get a faster, smarter, and smoother experience that works the way you want it to and conveniently adapts to your needs. Features and apps work seamlessly together, allowing your every move to flow into the next. Peek in at BlackBerry® Hub from any app with just a swipe, then swiftly transition back to what you were doing. View and edit Microsoft® Office documents while on the go, including documents sent as email attachments, without losing their original formatting. The BlackBerry® Keyboard adapts to how you type, so you can write faster and more accurately, providing a typing experience that only BlackBerry can deliver. And, when you need to, you can effortlessly switch between typing and face-to-face collaboration in an instant with BBM™ Video with Screen Share.** Time Shift mode and HDR mode Pinpoint and adjust elements of your picture to get the photo you want. Time Shift mode lets you move parts of your photo backwards and forwards in time to create the perfect picture. High Dynamic Range (HDR) mode creates beautiful images in tricky conditions. HDR mode takes multiple pictures at different exposure levels and then layers them to produce a single photo with the best of the combined dark and light areas. When your photos are ready, you can use Story Maker to weave the moments together and create a movie in just a couple of swipes. BlackBerry Hub Notice the blinking red light? Now it’s even easier to stay close to what’s important to you. Simply peek into the BlackBerry Hub from any app with a swipe to effortlessly flow in and out of your messages and conversations. BlackBerry Keyboard Type faster and more accurately than ever before, with the least amount of effort, on the new touchscreen keyboard. The BlackBerry Keyboard learns how you write and adapts to AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 75 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 how you type, suggesting words to help you type faster and subtly adjusting to help make sure you hit the right keys. BBM Video with Screen Share Share and be seen with BBM Video. Switch from a BBM chat to a BBM Video conversation on the fly, to talk face-to-face and share what’s on your screen.** The new Screen Share feature lets you share photos, show what’s on your browser, or review documents together. You can even share the view from your camera. 3) Blackberry Q10 Powered by BlackBerry® 10, the 4G LTE-ready BlackBerry Q10 is built to keep you moving.* Every feature, every gesture, and every minute detail is designed with you in mind. With the BlackBerry Q10, you get a faster, smarter, and smoother experience from a smartphone that works the way you want it to and conveniently adapts to your needs. Features and apps work seamlessly together, allowing your every move to flow into the next. Peek into the BlackBerry® Hub from any app with just a swipe, then swiftly transition back to what you were doing. The classic, ergonomically designed BlackBerry® Keyboard adapts to how you type, so you can write faster and more accurately, providing a typing experience that only BlackBerry can deliver. And, when you need to, you can effortlessly switch between typing and face-to-face collaboration in an instant with BBM™ Video and Screen Share.** Classic BlackBerry Keyboard + BlackBerry 10 Conversations happen fast, and accurately. Large, precision-molded keys improve strike accuracy. Plus, BlackBerry 10 understands and adapts with personalized intelligent word suggestions and contextual auto-correction. Together, the classic BlackBerry Keyboard and the 3.1-inch Super AMOLED™ touchscreen display make for fast, easy navigation with keyboard shortcuts for common tasks and integrated search. Just start typing, then touch what you need. BlackBerry Hub Notice the blinking red light? Now it’s even easier to stay close to what’s important to you. Simply peek into the BlackBerry Hub from any app with a swipe to effortlessly flow in and out of your messages and conversations. BlackBerry® Balance™ Using one device for work and play has never been easier. Take your smartphone to the office to access work email, apps, and content without compromising your personal AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 76 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 experience and use. BlackBerry Balance technology keeps all your personal apps and information separate and private from your work data and apps. Easily switch between work and personal personas with a simple gesture. BlackBerry® Enterprise Service 10 BlackBerry Enterprise Service 10 provides comprehensive device management, security, and application management for corporate- and personal-owned BlackBerry, iOS®, and Android™ devices. Delivered through a single end-to-end platform, BlackBerry Enterprise Service 10 provides proven BlackBerry security and controls designed to meet the needs of organizations of all sizes. BlackBerry Enterprise Service 10.1 introduces Regulated-level Enterprise Mobility Management control options for BlackBerry® 10 smartphones to enable compliance in secure, government, and regulated environments. Where a high degree of granular control over device features is required, and for enterprises where corporate-only use and application management policies are in place, BlackBerry 10 smartphones and BlackBerry Enterprise Service 10 combine to provide the ultimate device management solution for high-security mobility. Time Shift mode and BlackBerry Story Maker Pinpoint and adjust elements of your picture to get the photo you want. Time Shift mode lets you move parts of your photo backwards and forwards in time to create the perfect picture. Then use Story Maker to weave those moments together to create a movie in just a couple of swipes. BBM Video with Screen Share Share and be seen with BBM Video. Switch from a BBM chat to a BBM Video conversation on the fly, to talk face-to-face and share what's on your screen.** The new Screen Share feature lets you share photos, show what's on your browser, or review documents together. You can even share the view from your camera. 4) Blackberry Bold 9900 The definitive BlackBerry® Bold™ 9900 smartphone delivers best-in-class performance with its iconic BlackBerry QWERTY keyboard and brilliant Liquid Graphics™ touchscreen. 4G network access,* increased processor speed, increased memory, Enhanced Push-to-Talk (PTT), and a brilliant display all combine to make the BlackBerry Bold 9900 a powerful partner for even greater productivity. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 77 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Boost your performance. The BlackBerry® 7.1 OS delivers a faster and easier communication, multimedia, and productivity experience. HD video, improved PC-like Web browsing, voice-enabled search, mobile hotspot capability,** and Near Field Communication (NFC) technology make this next-generation BlackBerry Bold a powerful update to the classic. Get it faster with 4G. Watch your productivity soar as you access your data and applications with incredible speed on the super-fast AT&T mobile broadband network. You’ll keep moving along with the high-speed 1.2GHz processor that allows you to multitask with multiple business apps, browsing, and everything you do throughout your day. Connect locally or globally. The BlackBerry Bold 9900 includes built-in Wi-Fi® 802.11 a/b/g/n and is mobile hotspot capable, which will allow you to share your connection with up to five devices (including your BlackBerry Bold 9900).** When your work takes you overseas, keep in touch with global roaming in more than 220 countries for voice and 200 countries for data, including South Korea and Japan.*** Demand it all. Your BlackBerry Bold 9900 will multitask like you do. Whatever you’re busy doing, all of your emails, messages, updates, and notifications keep coming through, so you can easily move from one task to another without missing a beat. This includes simultaneous voice and data, letting you take calls while you’re working with business applications, sending email, or downloading documents on the AT&T mobile broadband network. Now you can take care of it all, all at once. Designed with care. The BlackBerry Bold 9900 gives you a great look with a premium and stylish design that fits, whether you’re in the boardroom or out and about. And that’s just the beginning. Touch and go. The 2.8-inch high-resolution touchscreen with Liquid Graphics provides smoother, fluid graphics and richer screen resolution for working with business applications and viewing documents, pictures and videos—all at a new level of excellence. Catch it clearly. The 5-megapixel camera gives you an improved camera experience with crisper images and the power of 720p HD video recording. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 78 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Choose your way. The new BlackBerry Bold 9900 smartphone gives you options. When you want typing accuracy for writing those long emails, use the legendary keyboard you know and love. Need to do something quickly? Use the touchscreen, evolved to react faster to your touch. Or, when you need more traditional precision for scrolling or clicking links, use the optical trackpad. Get the security you expect. Whether you're using it for work or to help manage your personal life, the BlackBerry Bold 9900 smartphone has the security you expect, built right in. Stay on top of it. Work with the latest productivity and business applications available through the Mobility Application suite from AT&T and BlackBerry App World™. Manage your day better. The BlackBerry 7.1 OS makes it easy to join, create, or schedule meetings—one click and you can join a meeting, plan a meeting, or schedule a conference. Keep working. Get more done by viewing, editing, and even creating Microsoft® Office files and viewing Adobe® PDFs with Documents To Go®. Share like never before. With Near Field Communication enabled, BlackBerry and BlackBerry Tag™ take sharing content to new heights. Instantly exchange contact information, or share working files, notes, videos, music, and more. Communicate faster. With AT&T Enhanced PTT, you can connect quickly to individuals of work groups, create large contact lists, view the availability of your PTT contacts in real time, and more—all from your BlackBerry smartphone. 5) Samsung Rugby Pro Samsung Galaxy Rugby Pro™ is a rugged Android™ device that combines cutting-edge features and durability. Features include a 4-inch Super AMOLED™ touchscreen, a 5- megapixel camera with HD video recording, 4G LTE support,* and Enhanced Push-to- Talk (PTT) readiness. It’s designed to withstand the elements—water submersible to 1 meter for 30 minutes, and built to MIL-STD-810G standards for dust, shock, vibration, rain, humidity, solar radiation, altitude, and temperature extremes. On the job or at play, AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 79 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Samsung Galaxy Rugby Pro offers everything you’d want from a smartphone, along with the physical strength to handle whatever life throws at it. Rugged design: Strong and durable, Samsung Galaxy Rugby Pro is designed to handle the demands of your active lifestyle. Waterproof,** dustproof, and built to MIL-STD-810G standards, it provides protection from the following: high and low temperature storage and operation (from -51° C to +71°C); vibration and shock; water and dust; humidity; pressure; solar radiation; immersion (1 meter for 30 minutes); ice and freezing rain; salt/fog; and thermal shock. Super AMOLED display: The 4-inch WVGA Super AMOLED touchscreen features 480 x 800 resolution, so you see everything in brilliant color and clarity, with enhanced readability, indoors and out. Android operating system: Version 4.0 (Ice Cream Sandwich) builds on the functionality and versatility of the popular Android OS, bringing you easy multitasking, customizable home screens, powerful Web browsing, immersive interactivity, and improved ways of communicating. 4G LTE and Wi-Fi support: Samsung Galaxy Rugby Pro supports 4G LTE service, Wi-Fi, corporate email, and a full line of media services—including location, music, and social networking. Now you can enjoy all the benefits of a smartphone in a rugged device. Enhanced Push-to-Talk: With AT&T Enhanced PTT, you can connect quickly to individuals or work groups with the push of a button. Create large contact lists, view the availability of your PTT contacts in real time, automatically join active group calls, talk and use productivity apps simultaneously—Enhanced PTT enables you to do all of this and more, right from your smartphone. If you prefer to purchase without a corporate discount or student discount, shop now for personal wireless offers. To get the most from your new smartphone, check out these videos and interactive tutorials. *Limited 4G LTE availability in select markets. LTE is trademark of ETSI. 4G speeds not available everywhere. Wi-Fi: Access includes AT&T Wi-Fi Basic. Wi-Fi enabled device required. Other restrictions apply. See www.attwifi.com for details and locations. **Meets US Mil-STD 810G for dust, humidity, rain and shock. Waterproof against incidental exposure to water when all ports are tightly closed. Not designed or intended for in-water use. Submersible up to 1 meter for up to 30 minutes. Waterproof based on IP67 rating. AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 80 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 c. Tablets – Apple, Samsung, Dell, LG and etc. d. Wireless-Enabled Laptops e. Wi-Fi, Hotspots and Aircards f. Machine to Machine chips sets 3.3.1.2.d Software Applications: AT&T understands and will lists top third party software application is Supplemental section below: As requested AT&T’s top 5 third party solutions included: AT&T Enhanced Push to Talk NetMotion AT&T CAMPUS GUIDE AT&T RAVE/Guardian AT&T Smart 911 Some of the newer AT&T third party solutions include: AT&T Advanced Authentication Solutions Access MyLAN AT&T Mobile Remote Access Services AT&T Commercial Connectivity Services (CCS) BOX from AT&T Broadcast Communication Solution comprised of the following existing services: AT&T Advanced Communications Suite AT&T Global Smart Messaging AT&T Eye Witness AT&T CAMPUS GUIDE AT&T RAVE/Guardian AT&T Smart 911 AT&T Messaging Toolkit AT&T Mobile BarCode Services AT&T Business Messaging Mobile Resource Management Solutions using the following existing services: AT&T Mobile Forms Solutions AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 81 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 AT&T Time Clock and Management Solutions ActSoft Pronto Forms Telenav - All APRIVA PAY Xora - All WebTech AT&T Machine to Machine Solutions with your existing AT&T Enterprise on Demand and adding the following new services: AT&T Control Center M2M Application Platform (Axeda) AT&T Cellular Digital Signage AT&T Smart Grid Solutions Mobile Device Management Solutions with the following existing services: AirWatch - All Mobile Iron - All Good For the Enterprise BlackBerry 10 AT&T Toggle AT&T Hosted and Managed MDM Solution Platform And adding the following new services to it: McAfee AT& Mobile Security Solutions Mobile Device Management Consulting Services Bring your Own Device Consulting Services Mobile Device Management Readiness Workshop AT&T Mobile Application Development with AT&T Campus Guide Suite and adding AT&T Community Central Mobile Application Consulting Mobile Application Development Mobile Application Management Mobile Enterprise Application Platform (MEAP) AT&T Disaster Recovery Solutions comprised of AT&T Remote Mobility Zone AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 82 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 AT&T Consulting: Disaster and Continuity Planning AT&T Mobile Voice and Fixed Mobile Convergence Solutions with existing AT&T Enhanced Push to Talk AT&T Office Direct AT&T Office@Hand Wireless Priority Service AT&T PDV Connect AT&T OnDemand Interpreter Lifecycle Management Solutions with your current Mobility Solution Services (MSS) and adding Staging and Kitting Warranty and Exchange Mobile Strategy & Roadmap Consulting Tier 1 Mobile Helpdesk 3.4.1 Competitive Rates List of top 5 most frequently using pricing plans: Table 1: Basic and Smart phone plans Features Included GOVP Nation 1000 GOVP Nation 300 GOVP Nation 600 Monthly Service Anytime minutes 1000 300 600 Voice overage rate Included Night and Weekend minutes Unlimited Unlimited Unlimited Included Mobile to Mobile minutes Unlimited Unlimited Unlimited Domestic Long Distance Included Included Included Domestic Roaming Included Included Included Rollover Minutes Does not apply Does not apply Does not apply Included Data Access Unlimited Internet Browsing and Email Unlimited Internet Browsing and Email Unlimited Internet Browsing and Email Text Messaging Unlimited Unlimited Unlimited AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 83 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Features Included GOVP Nation 1000 GOVP Nation 300 GOVP Nation 600 with smartphones pack plan Text Messaging without smartphone No No NO Table 2: Basic, Smart phone and data devices plans Features Included Nat. Business 300 Pooled Nat Business 450 Pooled Unlimited data on any non-voice devices Anytime minutes 300 600 N/A Voice overage rate N/A Included Night and Weekend minutes Unlimited Unlimited N/A Included Mobile to Mobile minutes Unlimited Unlimited N/A Domestic Long Distance Included Included N/A Domestic Roaming Included Included N/A Rollover Minutes Does not apply Does not apply N/A Included Data Access Unlimited Internet Browsing and Email Unlimited Internet Browsing and Email Unlimited Internet Browsing and Email Text Messaging No No N/A AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 84 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 Table 3: New plans Features Included GOVP Nation 100 GOVP Nation 500 Unlimited ePTT add-on Anytime minutes 100 500 N/A Voice overage rate N/A Included Night and Weekend minutes Unlimited Unlimited N/A Included Mobile to Mobile minutes Unlimited Unlimited N/A Domestic Long Distance Included Included N/A Domestic Roaming Included Included N/A Rollover Minutes Does not apply Does not apply N/A Included Data Access Unlimited Internet Browsing and Email Unlimited Internet Browsing and Email N/A Text Messaging with smartphones pack plan N/A Unlimited N/A Text Messaging without smartphone No Unlimited N/A AT&T’s Response to Georgia Technology Authority’s RFP for Wireless Communication Services Page 85 AT&T Proprietary: The information contained herein is for use by authorized persons only and is not for general distribution. October 3, 2013 APPENDIX B Technical Requirements Response Worksheet Please refer to the pages following for AT&T’s response to Appendix B. City of Milton 2006 Heritage Walk, Milton, GA 30004 City of Milton ATTN: Steven Krokoff (City Manager) 2006 Heritage Walk Milton, GA 30004 City of Milton, GA Contract Number: 9800-GTA794-A ATTACHMENTD E -Verify Form IMMIGRATION AND SECURITY FORM A. In order to insure compliance with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act OCGA 13-10-90 Contractor must initial one of the sections below: et.sea Contractor has 500 or more employees and Contractor warrants that Contractor has complied with the Immigration Reform and Control Act of 1986 (IRCA), D, Ls 99-603 and the Georgia Security and Immigration Compliance Act by registering at https:/_ /www vis. dhs.com/EmploverRegistration and verifying information of all new employees; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et.seg. Contractor has 100-499 employees and Contractor warrants that no later than July 1, 2008, Contractor will register at https://wvwv,vis-dhs comlEmplo erRegistration to verify information of all new employees in order to comply with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et,seg, Contractor has 99 or fewer employees and Contractor warrants that no later than July 1, 2009, Contractor will register at httDs://www vis-dhs com/EmploverRegistratlon to verify information of all new employees In order to comply with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act; and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01 et.seg. B. Contractor warrants that Contractor has included a similar provision in all written agreements with7120 tors engaged to perform services under this Contract. Sr Contract Manager Flrm Name; AT&T Mobility National Accounts LLC Street/Mailing Address; 7229 Parkway Drive City, State, Zip Code: Hanover, MD 21076 Telephone Number: 404 829 6679 Email Addrpcq. ka7952@att.com G"Cq and A'C&T Mobility 9800-GTA794-A Wireless Agreement Page 25 of30 tRev OS -2013] RFP # 9800-GTA794,subsequent to RFQC 9800-0000000794 Appendix I, ( State of Georgia, Security and Immigration Form ConhaetorAffidavit ander O.C.G.A. § 13-10-91(")(1) 1?y executing this affidavit, the undorsi544 contractor verifies its compliance with O.C.G.A• § 13-10-91, stating affirmatively thatthe individual, firm or corporation which is engaged in the physical performance of services on behalf of Georeia TechnofoQv AnthoAt Ucoraia. UTA J;uterprise (S(gtpwi�,el Contract for Wireless exvico 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 accordauce with the applicable provisions and deadlines established in O•C.G.A. § 13-10-91. Furthermore, the undersigned contractor wilt continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physicall performance of services in satisfaction of such contract only with subcontractors who pteseat an affidavit to the contractor with the information required by O.C.G.A. § 13 -t0 -91(b). Contractorhereby attests that its federal work authorization user identification number and date of authorization are as follows: 19959 Federal Work Authorization User Identification Number 12/19/2007 Date of Authorization AT&T Moblilty National Accounts LLC Name of Contractor 9800_ -CTA 794 Wireless RFP, Name of Project State of Georgia Technology Authority Name of Public Employer 1 hereby declare under penalty of perjury that the foregoing is Yeuo and correct. Ex ute ottS£'�, ,O 2011 in���city),__)re2 _(state)• SignaturelV%AfAuthorized Officer or Agent ctor, Compliance Officer or Agent y Comm'ssip�pi� Page 5 of 5 10o Peachtree Sheet •Suite 2300 •Atlanta, Georgia 30303-3904 WWW,pagtd.001T1 Contract Number: 9800-GTA794-A ATTACHMENTE ACCEPTABLE USE POLICY Introduction AT&T is at all times committed to complying with the laws and regulations governing use of the Internet, a -mall transmission and text messaging and preserving for all of its Customers the ability to use AT&T's network and the Internet without interference or harassment from other users. The AT&T AUP ("AUP") is designed to help achieve these goals. By using IP Service(s), as defined below, Customers) agrees to comply with this Acceptable Use Policy and to remain responsible for its users. AT&T reserves the right to change or modify the terms of the AUP at any time, effective when posted on AT&T's web site at www.att.com/auo. Customer's use of the IP Service(s) after changes to the AUP are posted shall constitute acceptance of any changed or additional terms. Scope of the AUP The AUP applies to the AT&T services that provide (or include) access to the Internet, Including hosting services (software applications and hardware), or are provided over the Internet or wireless data networks (collectively "IP Services"). Prohibited Activities General Prohibitions: AT&T prohibits use of the IP Services in any way that is unlawful, harmful to or Interferes with use of AT&T's network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, Infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mall/Usenet abuse, a security risk or a violation of privacy. Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the AT&T -branded website or from a website that contains AT&T -branded content is a violation of this AUP. Unlawful Activities: IP Services shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or International law, treaty, court order, ordinance, regulation or administrative rule. Violation of Intellectual Property Rights: IP Service(s) shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re -transmit, distribute or store any content/material or to engage in any activity that Infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of AT&T or any individual, group or entity, Including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation. Threatening Material or Content: IP Services shall not be used to host, post, transmit, or retransmit any content or material (or to create a domain name or operate from a domain name), that harasses, or threatens the health or safety of others. In addition, for those IP Services that utilize AT&T provided web hosting, AT&T reserves the right to decline to provide such services if the content Is determined by AT&T to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others. Inappropriate Interaction with Minors: AT&T complies with all applicable laws pertaining to the protection of minors, including when appropriate, reporting cases of child exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit wwW_,ngMec,ora or www.att.cornee y. G'CA and AT&'I' Mobility 9800-GTA794-A Wireless Agreement Pagc 26 of 30 [Rev OS -2013] Contract Number: 98MGTA794-A Child Pornography: IP Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography. Suspected violations of this prohibition may be reported to AT&T at the following e-mail address: conabuse-att net. AT&T will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from Its servers. SpamJH-mail/Usene# Abuse: Violation of the CAN -SPAM Act of 2003, or any other applicable law regulating e-mail services, constitutes a violation of this AUP. Spam/E-mail or Usenet abuse is prohibited using IP Services. Examples of Spam/E-mail or Usenet abuse Include but are not limited to the following activities: • sending multiple unsolicited electronic mail messages or "mail -bombing" - to one or more recipient; • sending unsolicited commercial e-mail, or unsolicited electronic messages directed primarily at the advertising or promotion of products or services; • sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials; • sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender; • sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the AT&T network or of the networks with which AT&T interconnects, by virtue of quantity, size or otherwise; • using another site's mail server to relay mail without the express permission of that site; • using another computer, without authorization, to send multiple e-mail messages or to retransmit e- mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP; • using IP addresses that the Customer does not have a right to use; • collecting the responses from unsolicited electronic messages; • maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages; • sending messages that are harassing or malicious, or otherwise could reasonably be predicted to interfere with another party's quiet enjoyment of the IP Services or the Internet (e.g., through language, frequency, size or otherwise); using distribution lists containing addresses that include those who have opted out; • sending electronic messages that do not accurately identify the sender, the sender's return address, the e-mail address of origin, or other Information contained in the subject line or header; • falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin; • using redirect links in unsolicited commercial e-mail to advertise a website or service; • posting a message to more than ten (10) online forums or newsgroups, that could reasonably be expected to generate complaints; • intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties; GTA and AT&T Mobility 9800-GTA794-A Wireless Agreement Page 27 of 30 [Rev 08-2013] Contract Number: 9800-GTA794-A • knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends; • using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, Including, but not limited to, the facilitation of the means to spam. Security Violations Customers are responsible for ensuring and maintaining security of their systems and the machines that connect to and use IP Service(s), Including implementation of necessary patches and operating system updates, TP Services may not be used to Interfere with, gain unauthorized access to, or otherwise violate the security of AT&T's (or another party's) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to: • unauthorized monitoring, scanning or probing of network or system or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses; • hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network; • impersonating others or secretly or deceptively obtaining personal Information of third parties (phlshing, etc.); • using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication; • distributing or using tools designed to compromise security (including but not limited to SNMP tools), Including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations); • knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another's computer, network system or other property, or be used to engage In modem or system hi -jacking; • engaging in the transmission of pirated software; • with respect to dial-up accounts, using any software or device designed to defeat system time-out limits or to allow Customer's account to stay logged on while Customer is not actively using the IP Services or using such account for the purpose of operating a server of any type; • using manual or automated means to avoid any use limitations placed on the IP Services; • providing guidance, information or assistance with respect to causing damage or security breach to AT&T's network or systems, or to the network of any other IP Service provider; • failure to take reasonable security precautions to help prevent violation(s) of this AUP. Customer Responsibilities Customers remain solely and fully responsible for the content of any material pasted, hosted, downloaded/uploaded, created, accessed or transmitted using the IP Services. AT&T has no responsibility for any material created on the AT&T's network or accessible using IP Services, including content provided on party websites websites linked to the AT&T network. Such third -party website links are provided as Internet navigation GTA and A'1'�'1'Mo6i(ity 9800-G'I'AT)4-A Wireless Agreement Page 28 of 30 [Rev 08-2013] Contract Number: 9800-GTA794-A tools for informational purposes only, and do not constitute In any way an endorsement by AT&T of the content(s) of such sites. Customers are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations. with applicable laws, regulations or other governmental AUP Enforcement and Notice Customer's failure to observe the guidelines Bet forth in this AUP may result in AT&T taking actions anywhere from a warning to a suspension or termination of Customer's IP Services. When feasible, AT&T may provide Customer with a notice of an AUP violation via e-mail or otherwise allowing the Customer to promptly correct such violation. pT&T reserves the right, however, to act immediately and without notice to suspend or terminate affected IP Services in response to a court order or government notice that certain conduct must be stopped or when AT&T reasonably determines, that the conduct may: (1) expose AT&T to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of AT&T's network or networks with which AT&T is interconnected, (3) interfere with another AT&T Customer's use of IP Services or the Internet (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to AT&T or AT&T Customers. AT&T has no obligation to monitor content of any materials distributed or accessed using the IP Services. However, AT&T may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect the AT&T network and its customers. Incident Reporting Any complaints (other than claims of copyright or trademark infringement) regarding violation of th(s AUP by an AT&T Customer (or its user) should be directed to abusg 6At1net. Where possible, include details that would assist AT&T in investigating and resolving such complaint (e.g. expanded headers, IP address(s), a copy of the offending transmission and any log flies). Copyright complaints: If you believe that your work has been copied and posted, stored or transmitted using the IP Services in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") in accordance with the process detailed at http://www,att.net/general-itifo/claims.litml and directed to the designated agent listed below: AT&T's Designated Copyright Agent for notice of claims of copyright or trademark infringement on the sites can be reached as follows: Designated Agent: Manager of Security &Copyright Infringement 1800 Perimeter Park Drive, Suite lOq Morrisville, NC 27560 Phone: (919) 319-5737 Fax: (919) 319-8154 E-mail: copyrightna att com Contact Information: Any notification that AT&T sends to its Customers pursuant to this AUP will be sent via e-mail to the a -mail address on file with AT&T, or may be in writing to Customer's address of record. It is Customer's responsibility to promptly notify AT&T of any change of contact information. GTA and A'1'&T Mobility 9800-C"1'A794-A Wireless Agreement Page 29 or30 [Rev OS -2013] Contract Number: 9800-GTA794-A ATTACHMENT F E -RATE Adobe Acrobat Document GTA and AT&T Mobility 9800-GTA994-A Wireless Agreement Pagc 30 of 30 jRev OS -2013] AMENDMENT No. 1 TO Enterprise Agreement for Services and Devices to Provide the Service CONTRACT NUMBER 9800 -GTA -794-A This Amendment No. 1 is made this day of 2017 by and between the GEORGIA TECHNOLOGY AUTHORITY ("GTA") and AT&T MOBILITY NATIONAL ACCOUNTS LLC ("Contractor"). WHEREAS, heretofore GTA entered into that certain Agreement for Services effective on December 30, 2013, with respect to certain services to be provided to GTA by Contractor, as more particularly described therein. WHEREAS, the parties wish to amend the Agreement to reflect certain changes. NOW, THEREFORE, in consideration of the premises, the terms and conditions stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: EXHIBIT A and B. The Agreement is hereby amended to add Exhibit A and B to the Agreement. The Exhibit A and B documents are also added to the agreement and made a part thereof. 2. Term and Renewal. Is deleted in its entirety and replaced with the following: The "Term" of this Agreement shall begin on the Effective Date and end on June 30, 2017. Thereafter, the Agreement may be renewed upon mutual agreement by Contractor and GTA for an additional five (5) year period beginning on July 1, 2017 and end on June 30, 2022. The terms and conditions of this Agreement shall apply during any renewals of the Term. The term of the Services and/ or Devices ordered by an Agency hereunder shall begin on receipt of a Purchase Order for each procuring Agency and end upon the completion of the Order. 3. Definitions. All capitalized terms used herein and not expressly defined herein shall have the respective meanings given to such terms in the Agreement. 4. Successors and Assigns. This Amendment No. 1 shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties hereto. 5. Entire Agreement, Except as expressly modified by this Amendment No. 1, the Agreement shall be and remain in full force and effect in accordance with its terms and shall constitute the legal, valid, binding and enforceable obligations of the parties. This Amendment No. 1 and the Agreement, collectively, are the complete agreement of the parties and supersede any prior agreements or representations, whether oral or written, with respect thereto. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be duly executed by their authorized representatives as of the date set forth above. AT&T MORI1. '1' ATIONAL CCOUNT LLC GEORGIAT�CHNOLOGY AUTHORITY By: By: L Name: Linda J. Cottingham Naive: =s fc'Oa�cs Title: Sr. Contract Manager Title: T Date: 01/11/17 Date: Z2 -01Z Page 1 of 3 EXHIBIT A Contractor Affirmations Scrutinized Companies — O.C.G.A. § 50-5-84 Any Supplier that currently and/or previously, within the last three years, has had business activities or other operations outside of the United States, must certify that it is not a "scrutinized company." A scrutinized company is a company conducting business operations in Sudan that is involved in power production activities, mineral extraction activities, oil -related activities, or the production of military equipment, but excludes a company which can demonstrate any of the following exceptions noted in O.C.G.A. § 50-5-84. False certification hereunder may result in civil penalties, contract termination, ineligibility to bid on a state contract for three or more years, and/or any other available remedy. If the Supplier is a scrutinized company, the Supplier shall not be eligible to bid on or submit a proposal for a contract with a State Entity unless the Department of Administrative Services (DOAS) makes a determination that it is in the best interest of the State to permit the scrutinized company to submit a bid or proposal. Any scrutinized company desiring WAS to make such a determination should contact WAS and GTA Procurement immediately. Please initial below which statement applies to your company: LJC I certify that my company is NOT a "scrutinized company." I certify that my company IS a "scrutinized company." I certify that my company has requested and received written permission from DOAS to submit a response to an RFP/RFQC in accordance with O.C.G.A. § 50-5-84. Page 2 of 3 EXHIBIT B Contractor Affirmations Boycott of Israel - O.C.G.A. § 50-5-85 Any Supplier that currently and/or previously, within the last three years, has had business activities or other operations outside of the United States, must certify that it has not nor will engage in a "Boycott of Israel." The State of Georgia passed a law that requires our current and future supplier certify that they will not boycott Israel in accordance with O.C.G.A. § 50-5-85. "Supplier certifies that the Supplier is not currently engaged in, and agrees for the duration of this Agreement not to engage in, a boycott of Israel, as defined in O.C.G.A. § 50-5-85." False certification hereunder may result in civil penalties, contract termination, ineligibility to bid on a state contract for three or more years, and/or any other available remedy. If the Supplier is engaged in or has previously participated in a boycott of Israel, the Supplier shall not be eligible to bid on or submit a proposal for a contract with a State Entity unless the Department of Administrative Services (DOAS) makes a determination that it is in the best interest of the State to permit that company to submit a bid or proposal. Any company that has engaged in a boycott of Israel desiring DOAS to make such a determination should contact DOAS and GTA Procurement immediately. Please initial below which statement applies to your company: LJC I certify that my company is NOT engaged in a boycott of Israel. I certify that my company IS engaged in a boycott of Israel. certify that my company has requested and received written permission from DOAS to submit a response to an RFP/RFQC in accordance with O.C.G.A. § 50-5-85. Page 3 of 3 ENTERPRISE AGREEMENT FOR EQUIPMENT AND SERVICES AMENDMENT NO. 3 This Amendment No. 3 is made this V� day of - 2017, by and between the GEORGIA TECHNOLOGY AUTHORITY (""GTA") and AT&T Mobility National Accounts LLC ("Contractor"). WHEREAS, heretofore GTA entered into that certain wireless Enterprise Agreement for Equipment and Services on December 31, 20013 ("Agreement"), with respect to certain products and services to be provided to GTA by the Contractor, as more particularly described therein as amended by the following amendments (collectively, the Enterprise Agreement for Equipment and Services and all the Amendments hereinafter referred to as the "Agreement"): WHEREAS, the parties wish to amend the Agreement to reflect certain changes. NOW, THEREFORE, in consideration of the premises, the terms and conditions stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: The existing Agreement is amended by adding, to Exhibit B of the original Agreement dated December 31, 2013, AT&T Control Center, Message Archiving; Skycure Mobile Threat Defense; ePTT, Net Motion and RAVE as described in Exhibit A attached hereto and made a part hereof. 2 Notices, of the Agreement shall be modified by updating the contact information for GTA and Contractor, and by adding the following language to the end of this Section: Geor is Technology Authori AT&T MobilityNational Accounts LLC 47 Trinit , 3rd Floor 2180 Lake Blvd NE Atlanta, GA 30334 Atlanta, GA 30314 Attn: Internal Support Services Contract Administration Jim Allgood Account Manager Email: contracts(d),ota. h. rov Email: Jim.all ood a,att.com Phone number: (404) 463-2300 Phone number: (404) 431-3585 3. Definitions. All capitalized terms used herein and not expressly defined herein shall have the respective meanings given to such terms in the Agreement. 4. Entire Aereement Except as expressly modified by this Amendment No. 2, the Agreement shall be and remain in full force and effect in accordance with its terms and shall constitute the legal, valid, binding and enforceable obligations of the parties. This Amendment No 2 and the Agreement, collectively, are the complete agreement of the parties and supersede any prior agreements or representations, whether oral or written, with respect thereto. IN WITNESS WHEREOF, the parties have caused this Amendment No 2 to be duly executed by their authorized representatives as of the date set forth above. AT&T MOBIITY NATIONAL ACCOUNTS LLC Name. Linda J Cottingham Title. Sr. Contract Manager Date: 06/13/17 GTA Amendment 2-033117- X4267 - "C -Support Request # 1-66IFP8Q Pagel of 2 GEORGIA -TECHNOLOGY AUTHORITY t� B . �< Name:ri Title: -rA `OeMU&& .Mea► rfi'xt-at's Date:sot �m Exhibit A AT&T Control Center, Mgsrzang Archiving; kvcure Mobile Threat Defeme; eP Net Motion and eP eP which is added to Exhibit B of the original Agreement Adobe Acrobat Document Message Archiving I=_ Adobe Acrobat Document Skycyre Mobile T"' Adobe Acrobat Document aPTT Adobe Acrobat Document NetMotioru Adobe Acrobat Document Adobe Acrobat Document GTA Amendment 2 — 0050417 — lo4267 — "C" — Support Request # 1-6EBHWDA Page 2 of 2 ENTERPRISE AGREEMENT FOR EQUIPMENT AND SERVICES AMENDMENT NO. 4 r■r This Amendment No. 3 is made this 17 - %_ day of Aoc,._a2017, by and between the GEORGIA TECHNOLOGY AUTHORITY ("GTA") and AT&T Mobility National Accounts LLC ("Contractor"). WHEREAS, heretofore GTA entered into that certain wireless Enterprise Agreement for Equipment and Services on December 31, 20013 ("Agreement'), with respect to certain products and services to be provided to GTA by the Contractor, as more particularly described therein as amended by the following amendments (collectively, the Enterprise Agreement for Equipment and Services and all the Amendments hereinafter referred to as the "Agreement'): WHEREAS, the parties wish to amend the Agreement to reflect certain changes. NOW, THEREFORE, in consideration of the premises, the terms and conditions stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. The existing Agreement is amended by adding, to Exhibit B of the original Agreement dated December 31, 2013 AT&T Mobile Call Recording, AT&T Landline Texting, Land Mobile Radio (LMR) LTE Interoperability, AT&T Dynamic Traffic Management, AT&T and Knox Work Space, AT&T Business Messaging, IBMMaas360 from AT&T, AT&T Fleet Complete and AT&T Work Force Manager as described in Exhibit A attached hereto and made a part hereof. 2 Notices, of the Agreement shall be modified by updating the contact information for GTA and Contractor, and by adding the following language to the end of this Section: Georgia Technology Authority AT&T Mobility National Accounts LLC 47 Trinity, 3rd Floor 2180 Lake Blvd NE Atlanta, GA 30334 Atlanta, GA 30319 Attn: Internal Support Services Contract Administration Jim Allgood Account Manager Email: contracts iu ta.aa.-ov Email: Jim.allgood@att.com Phone number: 404) 463-2300 Phone number: 404 431-3585 3. Definitions. All capitalized terms used herein and not expressly defined herein shall have the respective meanings given to such terms in the Agreement. 4. Entire Agreement.. Except as expressly modified by this Amendment No. 4, the Agreement shall be and remain in full force and effect in accordance with its terms and shall constitute the legal, valid, binding and enforceable obligations of the parties. This Amendment No 4 and the Agreement, collectively, are the complete agreement of the parties and supersede any prior agreements or representations, whether oral or written, with respect thereto. IN WITNESS WHEREOF, the parties have caused this Amendment No 4 to be duly executed by their authorized representatives as of the date set forth above. AT&T MOBIITY NATIONAL ACCOUNTS LLC GEORGIA TECHNOLOGY AUTHORITY By: Name: Linda J. Cottingharn Name: e1-tAQL s 2ot7r s Title: Sr. Contraqct Manager Title: G i A �� r ��� M ��,y l�■err rd Date: Date: I� 7Iz-d 17 08/02/17 GTA Amendment 4 — 072817 — Ic4267 — "C" — Support Request # 1-6TVOOXS Page 1 of 3 Exhibit A AT&T Mobile Call Recording, AT&T Landline Texting, Land Mobile Radio (LMR) LTE Interoperability, AT&T Dynamic Traffic Management, AT&T and Knox Work Space, AT&T Business Messaging, IBMMaas360 from AT&T, AT&T Fleet Complete and AT&T Work Force Manager AT&T Mobile Call Recording Adobe Acrobat Document AT&T Landline Texting g .T.. Adobe Acrobat Document Land Mobile Radio (LMR) LTE Interoperability Adobe Acrobat Document AT&T Dynamic Traffic Management Adobe Acrobat Document AT&T and Knox Work Space t6". ". I Adobe Acrobat Document AT&T Business Messaging Adobe Acrobat Document GTA Amendment 2 — 0050417 — Ic4267 — "C" — Support Request # 1-6EBHWDA Page 2 of 3 IBMMaas360 from AT&T iuy:l Adobe Acrobat Document AT&T Fleet Complete IMA Adobe Acrobat Document AT&T Work Force Manager �a Adobe Acrobat Document GTA Amendment 2 — 0050417 — Ic4267 — "C" — Support Request # 1-6EBHWDA Page 3 of 3 ENTERPRISE AGREEMENT FOR EQUIPMENT AND SERVICES AMENDMENT NO. 4 This Amendment No. 4 is made this OO day of: �y.��'`2017, by and between the GEORGIA TECHNOLOGY AUTHORITY ("GTA") and AT&T Mobility National Accounts LLC ("Contractor"). WHEREAS, heretofore GTA entered into that certain wireless Enterprise Agreement for Equipment and Services on December 31, 20013 ("Agreement'), with respect to certain products and services to be provided to GTA by the Contractor, as more particularly described therein as amended by the following amendments (collectively, the Enterprise Agreement for Equipment and Services and all the Amendments hereinafter referred to as the "Agreement'): WHEREAS, the parties wish to amend the Agreement to reflect certain changes. NOW, THEREFORE, in consideration of the premises, the terms and conditions stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. General. Pursuant to the terms and conditions of the Agreement and this Amendment, Contractor will provide the AT&T FirstNet Solution, as described more fully below and in Exhibit A attached hereto and made a part hereof. 1.1 AT&T FirstNet Solution. The AT&T FirstNet Solution includes additional Services that are available and intended for use with the AT&T FirstNet Nationwide Public Safety Broadband Network (collectively, the "AT&T FirstNet Solution"). 1.2 Eligibility. In order to take advantage of the AT&T FirstNet Solution, GTA must (a) be a qualified "Public Service Entity" as recognized by the First Responder Network Authority, and (b) restrict access to the AT&T FirstNet Solution solely to Authorized Users (as defined in the AT&T FirstNet Solution Service Guide described below) who must be located in a state or territory which has opted in to use the AT&T FirstNet Nationwide Public Safety Broadband Network. 1.3 AT&T FirstNet Solution Pricing and Terms. In the event GTA takes advantage of the AT&T FirstNet Solution, GTA will be bound by the rates, terms and conditions set forth in the AT&T FirstNet Solution Service Guide found at serviceggidenew.att.comIsg flashPla erPa e1FIRSTNET, as such rates, terms and conditions may be modified by AT&T from time to time, all of which are incorporated herein by reference. 2 Notices, of the Agreement shall be modified by updating the contact information for GTA and Contractor, and by adding the following language to the end of this Section: Georgia Technology Authority AT&T Mobility National Accounts LLC 47 Trinity, 3rd Floor 2180 Lake Blvd NE Atlanta, GA 30334 Atlanta, GA 30319 Attn: Internal Support Services Contract Administration Jim Allgood Account Manager Email: contracts ta. a. ov Email: Jim.allgood@att.com Phone number: 404) 463-2300 Phone number: (404) 431-3585 3. Definitions. All capitalized terms used herein and not expressly defined herein shall have the respective meanings given to such terms in the Agreement. GTA Amendment 4 — 060517 — Ic4267 — "C" — Support Request # Page 1 of 5 4. Custom Offers. Provided Participant remains in full compliance with the terms and conditions of the Agreement, and subject to all corresponding conditions set forth in this §4 (including all sub -sections and Tables), AT&T will provide Participant and its eligible CRUs the following custom offers: a) the FirstNet Mobile Unlimited Plans described in Section 4.1 herein (the "Custom FirstNet Mobile Unlimited Plans"); and b) the custom Equipment pricing described in §4.2 herein (the "Custom Equipment Offer"). The FirstNet Mobile Unlimited Plans and the Custom Equipment Offer are, at times, referred to together or collectively herein as the "Custom Offers". The Custom FirstNet Mobile Unlimited Plans and the Custom Equipment Offers are available for the term of the Agreement. For all Custom Offers, the corresponding CRU must be eligible to activate Service on the underlying, non -customized version of the Plan or offer. The Custom Offers are not available to IRUs. In accordance with the Agreement, each of the Custom Offers is subject to its underlying offer's corresponding Sales Information, which is attached herein in Exhibit A and incorporated herein. To the extent of any material conflict between the terms and conditions of this §4 and the applicable Sales Information, this §4 will control. Notwithstanding the foregoing, Custom Offers only will be provided if Participant's account is active and in good standing with respect to the applicable CRU. The Custom FirstNet Mobile Unlimited Plans are NOT eligible for the Service Discount, any other discount provided under the Agreement, nor any other discounts or promotions otherwise available to AT&T's customers. TABLE 4.1 CUSTOM FIRSTNET VOICE ONLY PLANS FirstNet List Price FirstNet GTA Custom Net Price FirstNet Feature Phone Unlimited Voice Only $31.00 $24.99 *The corresponding Plan's Monthly Service Charge will appear on the invoice at the standard price set forth in the Sales Information, but the customized net monthly price set forth in Table 4.1 will be achieved via application of a modifier also reflected on the invoice. TABLE 4.1.2 CUSTOM FIRSTNET ePTT FEATURE PLANS FirstNet Voice -Only FirstNet List Price FirstNet GTA Custom Net Price ePTT Add -On to Voice Plans $5.00 $3.00 ePTT only Feature Phone $22.00 $18.99** *The corresponding Plan's Monthly Service Charge will appear on the invoice at the standard price set forth in the Sales Information, but the customized net monthly price set forth in Table 4.1.2 will be achieved via application of a modifier also reflected on the invoice. **The First Net GTA Custom Pricing above in Table 4.1.2 is contingent on GTA activating a minimum of six (6000) thousand ePTT Talk only Feature Phones. TABLE 4.1.3 CUSTOM FIRSTNET SMARTPHONE BUNDLES *The corresponding Plan's Monthly Service Charge will appear on the invoice at the standard price set forth in the Sales Information, but the customized net monthly price set forth in Table 4.1.3 will be achieved via application of a modifier also reflected on the invoice. GTA Amendment 4 — 111717— Ic4267 — "C" — Support Request # 1-7ELIQL6 Page 2 of 5 FirstNet List Price FirstNet GTA Custom Net Price FirstNet Unlimited + 0G13 $39.00 $35.99 FirstNet Unlimited + 2GB $48.50 $44.60 FirstNet Unlimited + 5GB $61.00 $56.10 FirstNet Unlimited + 50GB $247.00 $227.00 FirstNet Unlimited + 100G13 $432.00 $397.00 FirstNet Unlimited + 50OGB $1,937.00 $1,799.00 FirstNet Unlimited + 1000GB $3,702.00 $3,500.00 FirstNet Unlimited Standard for Smart hones $50.00 $40.00 FirstNet Unlimited Enhanced for Smarthones $60.00 $50.00 *The corresponding Plan's Monthly Service Charge will appear on the invoice at the standard price set forth in the Sales Information, but the customized net monthly price set forth in Table 4.1.3 will be achieved via application of a modifier also reflected on the invoice. GTA Amendment 4 — 111717— Ic4267 — "C" — Support Request # 1-7ELIQL6 Page 2 of 5 TABLE 4.1.4 CUSTOM FIRSTNET DATA ONLY PLANS *The corresponding Plan's Monthly Service Charge will appear on the invoice at the standard price set forth in the Sales Information, but the customized net monthly price set forth in Table 4.1.4 will be achieved via application of a modifier also reflected on the invoice. 4.2 Custom Equipment Offer. The Custom Equipment Offer (a) requires activation with new FirstNet Service; (b) does not include applicable Taxes, (c) may not be combined with any other available Equipment Discount, promotions or offers otherwise available to Participating Entities including, without limitation, the Equipment Discount set forth in the Agreement; (d) is not available through a separate data solutions provider; and (d) remains subject to availability limitations. Table 4.2 Custom Equipment Offer CUSTOM EQUIPMENT EQUIPMENT PRICE* FirstNet List Price FirstNet GTA Custom Net Price FirstNet Data Only + OGB $22.00 $22.00 FirstNet Data Only + 2GB $31.50 $29.00 FirstNet Data Only + 5GB $44.00 $41.00 FirstNet Data Only + 50GB $230.00 $230.00 FirstNet Data Only + 100G13 $415.00 $415.00 FirstNet Data Only + 500GB $1,920.00 $1,920.00 FirstNet Data Only + 1000GB $3,685.00 $3,685.00 FirstNet Unlimited, Data Only $40.00 $37.00 *The corresponding Plan's Monthly Service Charge will appear on the invoice at the standard price set forth in the Sales Information, but the customized net monthly price set forth in Table 4.1.4 will be achieved via application of a modifier also reflected on the invoice. 4.2 Custom Equipment Offer. The Custom Equipment Offer (a) requires activation with new FirstNet Service; (b) does not include applicable Taxes, (c) may not be combined with any other available Equipment Discount, promotions or offers otherwise available to Participating Entities including, without limitation, the Equipment Discount set forth in the Agreement; (d) is not available through a separate data solutions provider; and (d) remains subject to availability limitations. Table 4.2 Custom Equipment Offer CUSTOM EQUIPMENT EQUIPMENT PRICE* CONDITIONS iPhone 7 32 GB iPhone 6s 32 GB $0.99 Must be activated with a FirstNet Smartphone Plan Galaxy S7 32 GB with an MSC of $39.00 or higher Duraforce XD 6790 16GB iPhone 7 Plus 32GB $119.99 Must be activated with a FirstNet Smartphone Plan with an MSC of $39.00 or higher Galaxy S7 Edge S 32GB $129.99 Must be activated with a FirstNet Smartphone Plan Sonim XP (Non -Stock) with an MSC of $39.00 or higher Galaxy S8 Active $199.99 Must be activated with a FirstNet Smartphone Plan with an MSC of $39.00 or higher Sonim XP7 (non -Stock) $99.99 Must be activated with a FirstNet Smartphone Plan with an MSC of $39.00 or higher with ePTT DURA XE(E4710) 8 GB Must be activated with a FirstNet Feature Phone Plan Sonim XP5 $0.99 with an MSC of $22.00 or higher AT&T Unite Explore $0.99 Must be activated with a FirstNet Data Only Plan with an MSC of $22.00 or higher *Applicable Taxes will be charged 5. Incorporation of Agreement. The terms, conditions and defined terms set forth in all documents comprising the Agreement (including, without limitation, this Attachment) apply throughout all such documents. In the event of any expressly conflicting provisions between this Attachment and the remainder of the Agreement, the terms and conditions of this Attachment control, but only with respect to the subject matter of this Attachment. GTA Amendment 4 — 111717— Ic4267 — "C" — Support Request # 1-7ELIQL6 Page 3 of 5 Linda J Cottingham Sr. Contract Manager 12/22/17 Exhibit A FirstNet I :i ' .Lu_ GOV-EatendedP... GOV-PrimaryUs.,, GTA Amendment 4 — 111717— Ic4267 — "C" — Support Request # 1-7ELIQL6 Page 5 of 5 ENTERPRISE AGREEMENT FOR EQUIPMENT AND SERVICES AMENDMENT NO. 5 This Amendment No. 5 is made this �J day of F IrV , 2018 by and between the GEORGIA TECHNOLOGY AUTHORITY ("GTA") and AT&T Mobility National Accounts LLC {"Contractor"). WHEREAS, heretofore GTA entered into that certain wireless Enterprise Agreement for Equipment and Services on December 31, 2013 ("Agreement"), with respect to certain products and services to be provided to GTA by the Contractor, as more particularly described therein as amended by the following amendments (collectively, the Enterprise Agreement for Equipment and Services and all the Amendments hereinafter referred to as the "Agreement"): WHEREAS, the parties wish to amend the Agreement to reflect certain changes. NOW, THEREFORE, in consideration of the premises, the terms and conditions stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. No c of the Agreement shall be modified by updating the contact information for GTA and Contractor, and by adding the following language to the end of this Section: Georgia Technology Authori AT&T Mobility National Accounts LLC 47 Trinity, 3rd Floor 2180 Lake Blvd NE Atlanta, GA 30334 Atlanta, GA 30319 Attn: Internal Support Services Contract Administration Mark Roberts Account Manager Email: goincLgLevgta.ga.gov Email: mark .robertsAatt.com Phone number: 404) 463-2300 Phone number: 404 656-6786 2. Definitions. All capitalized terms used herein and not expressly defined herein shall have the respective meanings given to such terms in the Agreement. 3. Custom Offers. Provided GTA remains in full compliance with the terms and conditions of the Agreement, and subject to all corresponding conditions set forth in this §3 (including all sub -sections and Tables), Contractor will provide GTA and its eligible CRUS the following custom offers: the FirstNet Custom ePTT offers described in Section 3.1 herein (the "Custom FirstNet ePTT Offers"). The Custom FirstNet ePTT Offers are available for the term of the Agreement. For all Custom Offers, the corresponding CRU must be eligible to activate Service on the underlying, non -customized version of the Plan or offer. The Custom FirstNet ePTT Offers are not available to IRUs_ In accordance with the Agreement, each of the Custom FirstNet ePTT Offers is subject to its underlying offer's corresponding Sales Information, which is attached herein in Exhibit A and incorporated herein. To the extent of any material conflict between the terms and conditions of this §3 and the applicable Sales Information, this §3 will control. Notwithstanding the foregoing, the Custom FirstNet ePTT Offers only will be provided if GTA's account is active and in good standing with respect to the applicable CRU. The Custom FirstNet ePTT Offers are NOT eligible for the Service Discount, any other discount provided under the Agreement, nor any other discounts or promotions otherwise available to AT&T's customers. TABLE 3.1 CUSTOM FIRSTNET VOICE ONLY PLANS 'The corresponding Plan's Monthly Service Charge will appear on the invoice at the standard price set forth in the Sales Information, but the customized net monthly price set forth in Table 3.1 will be achieved via application of a modifier also reflected on the invoice, **The ePTT Only Feature Phone Custom pricing is based on GTA activating six thousand (6,000) new CRUS on the ePTT Only Feature Phone within twelve (12) months following the effective date of this amendment. If after the 12 months the 6,000 new CRUs have not been activated the pricing will revert to FirstNet List Pricing identified in the table above. GTA Amendment 5 — 022017— Ic4267 — "C" — Support Request # 1-7ELIQL6 Page 1 of 3 FirstNet List Price FirstNet GTA Custom Net Price ePTT Only Feature Phone $22.00 $17.99** ePTT Add -On to Voice Plans $5.00 $2.00 'The corresponding Plan's Monthly Service Charge will appear on the invoice at the standard price set forth in the Sales Information, but the customized net monthly price set forth in Table 3.1 will be achieved via application of a modifier also reflected on the invoice, **The ePTT Only Feature Phone Custom pricing is based on GTA activating six thousand (6,000) new CRUS on the ePTT Only Feature Phone within twelve (12) months following the effective date of this amendment. If after the 12 months the 6,000 new CRUs have not been activated the pricing will revert to FirstNet List Pricing identified in the table above. GTA Amendment 5 — 022017— Ic4267 — "C" — Support Request # 1-7ELIQL6 Page 1 of 3 4. Custom FirstNet Mobile Plans — Subscriber Paid. In addition to FirstNet Mobile Plans available to GTA and its CRDs, AT&T offers a subscriber paid version of such plans to eligible individuals associated with a Primary User Public Safety Entity. GTA hereby authorizes AT&T to provide individuals associated with a Primary User Public Safety Entities with the discounts set forth in §4 (the "Custom FirstNet Mobile Subscriber Paid Plans"). GTA must remain eligible for the Custom FirstNet Mobile Plans described in Amendment 4 and Section 3.1 above for the Custom FirstNet Mobile Subscriber Paid Plans to apply. The corresponding subscriber must be eligible to activate Service on the underlying, non -customized version of the corresponding FirstNet Mobile Subscriber Paid Plan. The Custom FirstNet Mobile Subscriber Paid Plans are not available to GTA, its CRUs, or its IRUs. For all Custom FirstNet Mobile Subscriber Paid Plans, the corresponding Plan's Monthly Service Charge will appear on the invoice at the standard price set forth in the Sales Information, but the customized net monthly price set forth in the corresponding table will be achieved via application of a modifier also reflected on the invoice. TABLE 4.1 CUSTOM FIRSTNET MOBILE SUBSCRIBER PAID PLANS — RESPONDER PLANS TABLE 4.2 CUSTOM FIRSTNET MOBILE SUBSCRIBER PAID — RESPONDER UNLIMITED PLANS Version For use with For use with For use with For use with For use with Version Smartphone Smartphone Feature Phone Tablet Tablet Service Charge 2GB 5GB 100MB 2GB 5GB Monthly $24.60 $36.10 $12.99 $19.00 $31.00 Service Charge TABLE 4.2 CUSTOM FIRSTNET MOBILE SUBSCRIBER PAID — RESPONDER UNLIMITED PLANS Version Unlimited Smartphone Plan Unlimited With Tethering Unlimited with Tethering without tetherin) Smartphone Plan Tablet Plan Monthly $40.00 $50.00 $37.00 Service Charge 5, c t' f A enw t. The terms, conditions and defined terms set forth in all documents comprising the Agreement (including, without limitation, this Attachment) apply throughout all such documents. In the event of any expressly conflicting provisions between this Attachment and the remainder of the Agreement, the terms and conditions of this Attachment control, but only with respect to the subject matter of this Attachment. 6. Entire Aereement. Except as expressly modified by this Amendment No. 5, the Agreement shall be and remain in full force and effect in accordance with its terms and shall constitute the legal, valid, binding and enforceable obligations of the parties. This Amendment No 5 and the Agreement, collectively, are the complete agreement of the parties and supersede any prior agreements or representations, whether oral or written, with respect thereto. IN WITNESS WHEREOF, the parties have caused this Amendment No 5 to be duly executed by their authorized representatives as of the date set forth above_ AT&T MOBIITY NATIONAL ACCOUNTS LLC By: Name: Linda J Cottingham Title: Sr Contract Manager Date: 02/20/18 GTA Amendment 5 — 022017— Ic4267 — "C — Support Request # 1-7ELIQL6 Page 2 of 3 GEORGIA TECHNOLOGY AUTHORITY M__�< a4m By: % Name: Gt f /C k 6L Va " Title r Date: 4� Exhibit A FirstNet Adobe Acrobat Document GTA Amendment 5 — 022017— Ic4267 — "C — Support Request # 1-7ELIQL6 Page 3 of 3 EEO Fi rstNef W FirstNet Mobile - Responder & FirstNet Mobile - Responder Unlimited Plans Exclusively for qualified Subscriber Paid Users of eligible Public Safety Entities Get unlimited talk & text plus a monthly data allowance or unlimited data All FirstNet Mobile - Responder & FirstNet Mobile - Responder Unlimited plans include: • No data roaming charges in the Pacific Territories', Canada and Mexico • AT&T Dynamic Traffic Management - Public Safety, a feature that enables (a) priority access to the domestic AT&T 4G LTE network; (b) the ability to preempt lower priority users' use of the domestic AT&T 4G LTE network; and (c) prioritized treatment of select data traffic transmitted over the domestic AT&T 4G LTE network. Preemption and prioritization are subject to restrictions established for and by your Public Safety Entity.2 FirstNet Mobile - Responder plans for phones & the FirstNet Mobile - Responder Unlimited Smartphone plan also include: Unlimited Talk & Text within the United States, Puerto Rico, the U.S. Virgin Islands, the Pacific Territories, Canada and Mexico Unlimited Talk from the United States, Puerto Rico and U.S. Virgin Islands to the Pacific Territories', Canada & Mexic03 'American Samoa, Guam and the Northern Mariana Islands. 'AT&T Dynamic Traffic Management - Public Safety is intended for emergency response purposes only. AT&T Dynamic Traffic Management - Public Safety usage on the FirstNet Mobile - Responder Unlimited plans is limited to 22GB per month for three consecutive months. If you exceed this usage limitation, AT&T reserves the right to move you to a FirstNet Mobile - Responder plan and bill you the appropriate monthly fees. AT&T will notify you of any such plan change. 'Pay -per -use rates apply to calls made to all other countries. FirstNet Mobile — Responder Plans DATA Choose your plan' FirstNet Mobile - Responder Plans for smartphonea Data plus unlimited talk & text FirstNet Mobile - Responder Plan for feature phone Data plus unlimited talk & text FirstNet Mobile - Responder Plans for tablet Data 100MB 213B 5GB r $19/mo. $28.50/mo. ; $41 /mo. $21.50/mo. $34/mo. Data Overage: Pay -per -use rate of $0.000009536/KB applies 'Each qualified Subscriber Paid User is limited to one FirstNet Mobile -Responder Plan or one FirstNet Mobile -Responder Unlimited Plan. If itis determined that you are not a valid Subscriber Paid User and/or you have more than one plan, AT&T reserves the right to switch you to another plan for which you qualify and bill you the appropriate monthly fees. 'Prices after $20/mo. plan discount, which requires a smartphone purchased at full price, purchased with a qualified installment agreement, bring your own, or on a month-to-month term. If you qualify, discount will appear as a credit on your bill. If your smartphone is on a 2 -year agreement, your monthly service charge is $48.50/mo. for the 2GB plan and $61/mo. for the 5136 plan. FirstNet Mobile — Responder Unlimited Plans Choose your plan' FirstNet Mobile - Responder Unlimited Smartphone Plan Unlimited data, talk & text $50/mo. FirstNet Mobile - Responder Unlimited with Tethering Smartphone Plan Unlimited data, talk & text plus unlimited mobile hotspot & tethering $60/mo. FirstNet Mobile - Responder Unlimited with Tethering Tablet Plan Unlimited data plus unlimited mobile hotspot & tethering $40/mo. 'Each qualified Subscriber Paid User is limited to one FirstNet Mobile - Responder Plan or one FirstNet Mobile - Responder Unlimited Plan. If it is determined that you are not a valid Subscriber Paid User or have more than one plan, AT&T reserves the right to switch you to another plan for which you qualify and bill you the appropriate monthly fees. c: 2018 AT&T Intellectual Property All rights reserved FirstNet and the FirstNet logo are trademarks of F rst Responder Network Authority V01262018; Page 1 of 2 GT A Agency Agreement Standard 2018 AGENCY SUBSCRIPTION AGREEMENT AGENCY AGREEMENT UNDER ENTERPRISE AGREEMENT FOR EQUIPMENT AND SERVICES BETWEEN GEORGIA TECHNOLOGY AUTHORITY AND CONTRACTOR MOBILITY NATIONAL ACCOUNTS LLC This Agency Agreement (hereinafter the “Agreement”) is entered into this _______ day of ________, 2018 (hereinafter the “Effective Date”) by and between AT&T Mobility National Accounts LLC, whose principal place of business is located at 1025 Lenox Blvd NE, Atlanta GA 30319 (hereinafter referred to as “Contractor”), and, with an office at (hereinafter the “Agency”), under the Georgia Technology Authority’s (“GTA”) Enterprise Agreement for Equipment and Services No.GTA000794 dated December 30, 2013 (hereinafter the “State Contract”) to provide commercially available national, digital wireless telecommunications equipment (the “Equipment”) and services (the “Services”) to any and all State of Georgia entities, including but not limited to, departments, agencies, authorities, commissions, boards, colleges and universities, counties, cities, townships and other political subdivisions of the State of Georgia. Agency and Contractor are sometimes referred herein individually as a “Party” or collectively as the “Parties.” 1.Authority to Purchase. By signing below, the Agency represents and warrants that it is eligible and authorized to purchase Equipment and Services from the State Contract. Agency agrees upon Contractor’s request to furnish Contractor with documentation to demonstrate the Agency is authorized to purchase from the State Contract. 2.Equipment and Services. The Agency acknowledges and agrees that all purchase orders for Equipment and Service issued by the Agency pursuant tot this Agreement are subject to the terms and conditions of the State Contract. Any terms and conditions contained in a purchase order or in any acknowledgement or acceptance of a purchase order that are inconsistent with, or in addition to (except as required by law) the terms and conditions of this Agreement shall be null and void. In the event of a conflict between this Agreement and the State Contract, the terms and conditions of the State Contract shall have precedence. 3.Incorporation by Reference. The State Contract as may be amended from time to time, including all Attachments, is hereby incorporated by reference into this Agreement with the same force and effect as if it were given in full text. 4.GTA Not Liable for Agency Purchases. The Agency acknowledges and agrees that it shall be solely liable for all Equipment and Services ordered or purchased under this Agreement or any purchase order issued by the Agency pursuant to this Agreement. City of Milton, GA 2006 Heritage Walk, Milton, GA 30004 GT A Agency Agreement Standard 2018 5.Notices. All notices, requests, or other communications (excluding invoices) hereunder shall be in writing and either transmitted via overnight courier, facsimile with correct answerback, hand delivery or certified or registered mail, postage prepaid and return receipt requested to the Parties at the following addresses. Notices will be deemed to have been given when received. Agency: Contractor: AT&T Mobility National Accounts, LLC ATTN: Attn: Contracts/Compliance 7229 Parkway Drive Hanover, MD 21076 6.E-Rate. Agencies who are applying for E-Rate funding will be required to sign a E- Rate Rider in addition to this Agency Agreement. 7.Entire Agreement. This Agreement (and any Attachments and other documents incorporated herein, by reference or otherwise) constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all other representations, understandings or agreements that are not expressed herein, whether oral or written. Except as otherwise set forth herein, no amendments to this Agreement shall be valid unless in writing and signed by both Parties. IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto have executed this Agreement as of the Effective Date. Agency: AT&T Mobility National Accounts LLC By: _________________________________ By:_________________________________ Name: _______________________________ Name:______________________________ Title: ________________________________ Title:_______________________________ Date: ________________________________ Date:_______________________________ City of Milton, GA ATTN: Steven Krokoff (City Manager) 2006 Heritage Walk Milton, GA 30004 City of Milton, GA TO: FROM: MItTON" k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 13, 2018 Steven Krokoff, City Manager AGENDA ITEM: Approval of an Agreement with Axon Enterprises, Inc. for the Purchase of Electronic Control Devices (Tasers) for the Milton Police Department. MEETING DATE: Monday, November 19, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (-rAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (SES () NO CITY ATTORNEY REVIEW REQUIRED: (,-�'YES () NO APPROVAL BY CITY ATTORNEY: (,a,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: , )IOw--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: Rich Austin, Police Chief Date: Submitted November 9, 2018 for the November 19, 2018 Regular City Council Meeting Agenda Item: Approval of an Agreement with Axon Enterprises, Inc. for the Purchase of Electronic Control Devices (Tasers) for the Milton Police Department. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The Milton Police Department currently issues all officers an Electronic Control Device (Taser) as a less lethal force option. While the devices have been found to be an effective tool for our officers, 31 of the weapons (X26 models) have not been replaced since the initial deployment in 2010. The manufacturer, Axon, recommends departments plan for a five-year useful life cycle for the devices. The department currently has a total of 43 Tasers in inventory. This agreement offers a cost savings and allows for a predictable yearly cost for the devices. This agreement allows for the replacement of all Tasers and includes a 6% discount and $100 per unit trade-in credit on the current units. This agreement also includes 0% financing for five years and a five- year warranty. The total cost of this five year agreement is $68,250. The annual payments will be: Year 1 $12,642 Year 2 $13,902 Year 3 $13,902 Year 4 $13,902 Year 5 $13,902 Page 2 of 2 Procurement Summary: Purchasing method used: Sole Source (Include Sole Source Documentation) Account Number: 100-3210-542502500 Requisition Total: $68,250 Vendor DBA: Axon Enterprises, Inc. Financial Review: Bernadette Harvill, November 9, 2018 Legal Review: Sam Van Volkenburgh, November 9, 2018 Concurrent Review: Steve Krokoff, City Manager Attachment: TASER 60 Terms and Conditions Agreement Axon Enterprise, Inc.’s TASER 60 Terms and Conditions Page 1 of 6 These TASER 60 Terms and Conditions (Agreement) apply to your purchase from Axon Enterprise, Inc. (Axon) under the TASER 60 Plan. TASER 60 provides CEW hardware extended warranty coverage, CEW Products, and CEW accessories. TASER 60 only applies to the TASER CEW Product and accessories listed in the Quote. 1. TASER 60 Term. TASER 60 Term start date is based upon the shipment date of the hardware covered under TASER 60 (Start Date). The TASER 60 Term will end 5 years after the Start Date (Term). 2. Payment Terms. Axon invoices for the TASER 60 plan on an annual basis. Agency will be invoiced upon the Start Date and then upon the anniversary of the Start Date for the remainder of the Ter m. Invoices are due to be paid within 30 days of the date of invoice . Invoices are due to be paid within 30 days of the date of invoice. Payment obligations are non-cancelable and fees paid are non-refundable and all amounts payable will be made without setoff, deduction, or withholding. 3. Taxes. Unless the Agency provides a valid and correct tax exemption certificate applicable to the purchase and ship-to location, the Agency is responsible for sales and other taxes associated with the order. 4. Shipping; Title; Risk of Loss; Rejection. Axon reserves the right to make partial shipments and products may ship from multiple locations. All shipments are E.X.W. via common carrier and title and risk of loss pass to the Agency upon delivery to the common carrier by Axon. The Agency is responsible for all freight charges. Any loss or damage that occurs during shipment is the Agency’s responsibility. Shipping dates are estimates only. 5. Returns. All sales are final and no refunds or exchanges are allowed, except for war ranty returns or as provided by state or federal law. 6. Hardware Limited Warranty. Axon warrants that its law enforcement hardware products are free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of receipt. Extended warranties run from the date of purchase of the extended warranty through the balance of the 1-year limited warranty term plus the term of the extended warranty measured after the expiration of the 1 -year limited warranty. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly. Axon-Manufactured Accessories are covered under a limited 90-DAY warranty from the date of receipt. Non- Axon manufactured accessories are covered under the manufacturer’s warranty. If Axon determines that a valid warranty claim is received within the warranty period, Axon agrees to repair or replace the Product. Axon’s sole responsibility under this warranty is to either repair or replace with the same or like Product, at Axon’s option. 7. Warranty Limitations. The warranties do not apply and Axon will not be responsible for any loss, damage, or other liabilities arising from: (a) damage from failure to follow instructions relating to the Product’s use; (b) damage caused by use with non-Axon products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by Axon; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by persons other than Axon authorized personnel or without the written permission of Axon; or (e) if any Axon serial number has been removed or defaced. Axon Enterprise, Inc.’s TASER 60 Terms and Conditions Page 2 of 6 To the extent permitted by law, the warranties and remedies set forth above are exclusive and Axon disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty desc ribed above and limited by the other provisions contained in this Agreement. Axon’s cumulative liability to any Party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any Axon product will not exceed the purchase price paid to Axon for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either Party be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory . 8. Warranty Returns. If a valid warranty claim is received by Axon within the warranty period, Axon agrees to repair or replace the Product which Axon determines in its sole discretion to be defective under normal use, as defined in the Product instructions. Axon’s sole responsibility under this warranty is to either repair or replace with the same or like Product, at Axon’s option. For warranty return and repair procedures, including troubleshooting guides, please go to Axon’s website www.axon.com/support . A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair, whichever period is longer. Any replacement item becomes Purchaser’s property and the replaced item becomes Axon’s property. 9. TASER 60 Warranty Coverage. TASER 60 includes extended warranty coverage for TASER CEW hardware specifically identified in the Quote and as described in the Hardware Limited Warranty. TASER 60 warranty coverage starts at the beginning of the Term and continues as long as the Agency continues to pay the required annual fees for TASER 60 during the Term. The Agency may not have both an optional extended warranty and TASER 60 on the TASER CEW product. 10. Spare Product. For orders of more than 30 units, Axon will provide a predetermined number of Spare Product for the TASER CEW hardware listed in the Quote (Spare Products) to keep at the Agency location to replace broken or non-functioning units in order to improve the availability of the units to officers in the field. The Agency must return to Axon, through Axon’s RMA process, any broken or non-functioning units for which a Spare Product is utilized, and Axon will repair or replace the non-functioning unit with a replacement product. Axon warrants it will repair or replace the unit which fails to function for any reason not excluded by the warranty coverage, during the Term with the same product or a like product, at Axon’s sole option. Within 30 days of the end of the Term, the Agency mus t return to Axon all Spare Products. The Agency will be invoiced for and are obligated to pay to Axon the MSRP then in effect for all Spare Products not returned to Axon. 11. Product Warnings. See our website at www.axon.com for the most current product warnings. 12. Design Changes. Axon reserves the right to make changes in the design of any of Axon’s products and services without incurring any obligation to notify the Agency or to make the same change to products and Axon Enterprise, Inc.’s TASER 60 Terms and Conditions Page 3 of 6 services previously purchased. Axon may replace end of life products with the next generation of that product without notifying the Agency. 13. If the Term of this Agreement continues beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of Agency on September 30 (end of Agency’s fiscal year) each year of the Term, and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent Agency’s provision of written notice of non-renewal to Axon at least five (5) days prior to the end of the then-current fiscal year. Such non-renewal will constitute a termination for non-appropriations by Agency, and the provisions of Section 14 of the Agreement will apply. 14. TASER 60 Termination. If an invoice for TASER 60 is more than 30 days past due, then Axon may terminate TASER 60. Axon will provide notification that TASER 60 coverage is terminated. Once TASER 60 coverage is terminated for any reason, then: 13.1 TASER 60 coverage will terminate as of the date of termination and no refunds will be given. 13.2 The Agency will be invoiced and obligated to pay for the remainder of the MSRP for TASER 60 Products received before the termination date. In the case of termination for non -appropriations, Axon will not invoice the Agency if the Agency returns the CEW, battery, holster, and unused cartridges to Axon within 30 days of the date of termination. 13.3 The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 60 plan. 15. Excusable Delays. Axon will use commercially reasonable efforts to deliver all products and services ordered as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond Axon’s reasonable control Axon has the right to delay or terminate the delivery with reasonable notice. 16. Proprietary Information. The Agency agrees that Axon has and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute Axon products and services, and that the Agency will not directly or indirectly cause any proprietary rights to be violated. 17. Import and Export Compliance. In connection with this Agreement, each Party will comply with all applicable import, re- import, export, and re-export control laws and regulations. 18. Assignment. The Agency may not may assign or otherwise transfer this Agreement without the prior written approval of Axon. 19. Severability. This Agreement is contractual and not a mere recital. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. 20. Governing Law; Venue. The laws of the state where the Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between the Parties. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. Axon Enterprise, Inc.’s TASER 60 Terms and Conditions Page 4 of 6 21. Entire Agreement. This Agreement and the quote provided by Axon, represents the entire agreement between the Parties. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between the Parties, whether written or verbal, regarding the subject matter of this Agreement. No modification or amendment of any portion of this Agreement wil l be effective unless in writing and signed by the Parties to this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed. Each Party warrants and represents that its respective signatories whose signatures appear below have been and are, on the date of signature, duly authorized to execute this Agreement. Axon Enterprise, Inc. City of Milton Signature: Signature: Name: Name: Title: Title: Date: Date: Axon Enterprise, Inc.’s TASER 60 Terms and Conditions Page 5 of 6 TASER Assurance Plan (Purchased with TASER 60 Only) Appendix If The TASER Assurance Plan or “TAP” has been purchased in addition to the TASER 60 plan, this Appendix will apply to the Agency’s purchase. TAP provides Upgrade Models at the end of the TAP Term. TAP only applies to the Axon Product listed in the Quote with the exception of any initial hardware or any software services offered for, by, or through the Evidence.com website. The Agency may not buy more than one TAP for any one covered Product. 1 TAP Term. The TAP Term start date is based upon the shipment date of the hardware covered under TAP. If the shipment of the hardware occurred in the first half of the month, then the Term starts on the 1st of the following month. If the shipment of the hardware occurred in the second half of the month, then the Term starts on the 15th of the following month. TAP for CEWs is a 5 year term. 2 TAP Upgrade Models. Any Products replaced within 6 months prior to the scheduled upgrade will be deemed the upgrade. Within 30 days of receiving an upgrade, the Agency must return the original Products to Axon or destroy the Products locally and provide a certificate of destruction to Axon that includes the serial numbers for the destroyed Products. If the Agency does not return the Products to Axon or destroy the Products, Axon will deactivate the serial numbers for the Products received by the Agency. If the Agency makes all TAP CEW payments, 5 years after the start of the TAP Term, Axon will provide the Agency with a new CEW that is the same Product or a like Product, in the same we apon class (CEW Upgrade Model), as well as a battery. The Agency may elect to receive the CEW Upgrade Model anytime in the 5th year of the TAP term as long as the final payment has been made. 3 TAP Termination. If an invoice for TAP is more than 30 days past due or the Agency defaults on its payments for the Evidence.com Services, then Axon may terminate TAP and all outstanding Product related TAPs. Axon will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason , then: 3.1. TAP coverage will terminate as of the date of termination and no refunds will be given. 3.2. Axon will not and has no obligation to provide the free upgrades. 3.3. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TAP. 3.4. If the Agency received a credit towards the first TAP payment as part of a trade -in promotion, then upon cancellation/termination the Agency will be assessed a $100 cancellation fee for each covered Axon Enterprise, Inc.’s TASER 60 Terms and Conditions Page 6 of 6 product. , AXON, Axon, TASER, and TASER CAM are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information visit www.axon.com/legal. All rights reserved. © 2018 Axon Enterprise, Inc. MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2018 FROM: Steven Krokoff, City Manager 0 AGENDA ITEM: Proclamation Recognizing Milton Investment Program/Pathway LLC created by Austin Braverman, Jordan Wainscott and Luke Aumur. MEETING DATE: Monday, November 19, 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 („ j4 O APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: j1)'aj261V () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Recognizing Austin Braverman, Jordan Wainscott and Luke Aumur WHEREAS, Austin Braverman, Jordan Wainscott and Luke Aumur have created the Milton Investment Program/Pathway LLC, which began as a club to help Milton High School students grow in their understanding of the foreign exchange market; and WHEREAS, they have now decided to take this club to a new level by becoming a business that helps people on a larger scale; and WHEREAS, Austin, Jordan and Luke are building a program for money savvy youth to create a better and well-informed future citizen as well as a strong successful business to fulfill the American dream; and WHEREAS, they believe knowledge and training in money along with the knowledge of investment, the working of the economy, and training in both fundamental and analytical analysis are truly virtues that can help one through life; and WHEREAS, Austin, Jordan and Luke want to grow Milton Investment Program/Pathway LLC as a learning program, to expand and provide a valuable education to those who want it in other schools, eventually becoming a nationally accredited program. Now, therefore, we, the Mayor and City Council of the City of Milton, recognize the originality, resourcefulness and ambition of these Milton High School students. We wish them much success in empowering youth to become fiscally responsible through their educational program. Given under our hand and seal of the City of Milton, Georgia on this 19th day of November, 2018. _________________________________ Joe Lockwood, Mayor TO: FROM: MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: November 13, 2018 Steven Krokoff, City Manager/ 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 19, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (•-)IAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,�-NO CITY ATTORNEY REVIEW REQUIRED: () YES (,,yAo APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: i+J)Zc;i�, 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info @cityofmiltong a. 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) 11/15/2018 Page 1 of 22 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) 11/15/2018 Page 2 of 22 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 requested a deferral of the request to the November Planning Commission Meeting to allow additional time to revise the site plan to better accommodate adjacent and nearby residents. PLANNING COMMISSION RECOMMENDATION – 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) 11/15/2018 Page 3 of 22 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) 11/15/2018 Page 4 of 22 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) 11/15/2018 Page 5 of 22 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) 11/15/2018 Page 6 of 22 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) 11/15/2018 Page 7 of 22 RZ18-13/VC18-07 SUBJECT SITE AND BACKGROUND: The subject site contains 2 parcels totaling47.1145 acres and is developed with a single family residence as part of a site with a designated Conservation Use Valuation Assessment (CUVA)for the undeveloped portion of the site. 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 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. 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 lakes. 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 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) 11/15/2018 Page 8 of 22 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) 11/15/2018 Page 9 of 22 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. The following comments were made: 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) 11/15/2018 Page 10 of 22 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 applicant’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 The DRB provided the following comments: 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) 11/15/2018 Page 11 of 22 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 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) 11/15/2018 Page 12 of 22 RZ18-13/VC18-07 septic systems can be developed. Staff does note that a request to revise the Intergovernmental Agreement has been made. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and sati sfies 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). 1) 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. 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) 11/15/2018 Page 13 of 22 RZ18-13/VC18-07 2) The applicant has not demonstrated that there are extraordinary and exceptional situations that would create an unnecessary hardship due to size shape or topography. The size of the property would allow for alternative plans that would not require a concurrent variance. Therefore, it is Staff’s opinion that the subject site can be developed in such a way as not to delete the 25 foot setback. 3) Further, relief if granted would cause a substantial detriment to the public good and surrounding properties. 4) 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. In addition when a concurrent variance is requested for a stream buffer, pursuant to Sec. 64-1890 (d), the following factors shall be considered in determining whether to issue a variance: 1) The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property. The size of the property would allow for alternative plans that would not require the concurrent variance. It is Staff’s opinion that the proposed development does not meet this factor regarding shape, size, topography, slope soils, vegetation and other physical characteristics of the property. 2) The locations of all streams on the property incl uding along property boundaries. It is Staff’s opinion that the location of the lakes and stream do not require there to be a reduction in the setback. 3) The location and extent of the proposed buffer or setback intrusion. It is Staff’s opinion that the location and extent of the proposed setback does not cause an intrusion in the development of the site. 4) Whether alternative designs are possible which require less intrusion or no intrusion. Staff notes that the applicant has not provided any alternative designs which would require less or no intrusion of the setback. 5) The long-term and construction water quality impacts of the proposed variance. The applicant has not provided the long term and construction water quality impacts of the proposed concurrent variance. 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) 11/15/2018 Page 14 of 22 RZ18-13/VC18-07 6) Whether issuance of the variance is at least as protective of natural resources and the environment. The applicant has not provided the long term and construction water quality impacts of the proposed concurrent variance. Therefore, it is Staff’s opinion that if this concurrent variance is approved it would not provide the same amount of protection of the natural resources and the environment. Based on the above considerations and factors, 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 the lots abutting one acre lots in 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) 11/15/2018 Page 15 of 22 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 S/D 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) 20,000 s.f. adj. to Andover Norh, 18,000 s.f adj. to Providence Oaks S/D, 1 acre for 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) 11/15/2018 Page 16 of 22 RZ18-13/VC18-07 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) 11/15/2018 Page 17 of 22 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) 11/15/2018 Page 18 of 22 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 such as lower property values and smaller lots. 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 the Hopewell Middle School and Cambridge High School and existing streets 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. 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) 11/15/2018 Page 19 of 22 RZ18-13/VC18-07 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? 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. It is Staff’s opinion that these are grounds for disapproval of the proposal. 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) 11/15/2018 Page 20 of 22 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) 11/15/2018 Page 21 of 22 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 2,500 square foot heated floor area per dwelling unit 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. c) Provide a 5 foot sidewalk along entire Hopewell Road frontage and connecting to existing infrastructure on adjacent parcels or 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) 11/15/2018 Page 22 of 22 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 6 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 attached hereto as Exhibit A, be approved for a single family subdivision zoned R- 3A (Single Family Dwelling) with conditions; and SECTION 2. That the single family subdivision in the attached conditions of approval, be approved subject to 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, as Exhibit B provided that any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. 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 ; 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 6 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) Page 3 of 6 EXHIBIT A Page 4 of 6 EXHIBIT B 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. 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. Page 5 of 6 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. 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. 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 6 SITE PLAN SUBMTITED ON AUGUST 23, 2018 Page is too large to OCR. MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 13, 2018 FROM: Steven Krokoff, City Manag<r�) AGENDA ITEM: ZMIB-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 19, 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 (IrNO CITY ATTORNEY REVIEW REQUIRED: () YES v. qo APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ) d I CO 76% E 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 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,) 11/15/2018 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 8.881 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,) 11/15/2018 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,) 11/15/2018 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,) 11/15/2018 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,) 11/15/2018 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,) 11/15/2018 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 aesthetically 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 houses. 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. Based on the above analysis, Staff recommends APPROVAL of ZM18-03 – Conditions 3.g. and 3.h. as shown above. 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,) 11/15/2018 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,) 11/15/2018 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 8.881 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 8.881 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) Page is too large to OCR. MItTON111 ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: November 14, 2018 Steven Krokoff, City Manager Consideration of a Resolution Adopting the 2019 City of Milton Council Regular Meeting and Work Session Schedule. Monday, November 19, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,V-A' PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (�10 CITY ATTORNEY REVIEW REQUIRED: () YES (10 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 1010619 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: Sudie Gordon, City Clerk Date: Submitted on November 13, 2018 for the November 19, 2018 City Council Regular Meeting Agenda Item: Consideration of a Resolution Adopting the 2019 City of Milton City Council Regular Meeting and Work Session Schedule. ____________________________________________________________________________ Department Recommendation: Approve the Council and Work Session meeting dates for 2019. Executive Summary: The City of Milton is committed to conducting city business in a manner that complies with all legal requirements, fosters citizen confidence in city government, and promotes efficient and effective government operations. As part of our open and transparent government process, the Mayor and City Council will adopt a yearly meeting schedule. Funding and Fiscal Impact: N/A Alternatives: N/A Legal Review: N/A Concurrent Review: Steve Krokoff, City Manager Attachment(s): Resolution Adopting the 2019 City of Milton City Council Regular Meeting and Work Session Schedule Council and Work Session Meeting Schedule 2019 City of Milton 2019 Holiday Schedule STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION ADOPTING THE 2019 CITY OF MILTON CITY COUNCIL REGULAR MEETING AND WORK SESSION SCHEDULE BE IT RESOLVED by the City Council of the City of Milton, Georgia while in Regular Session on the 19th day of November 2018 at 6:00 pm as follows: SECTION 1. That the schedule for the 2019 City Council Regular and Work Session Council Meeting Dates is hereby approved as attached; and SECTION 2. That resolutions in conflict with this Resolution are hereby repealed; and SECTION 3. That this Resolution will become effective January 1, 2019. RESOLVED this 19th day of November 2018. Approved: __________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk J A N U A R Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 F E B R U A R Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 M A R C H S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A P R I L S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 M AY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 J U N E S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 J U L Y S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 A U G U S T S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S E P T E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 O C T O B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 N O V E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 D E C E M B E R S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2019 CITY COUNCIL MEETING CALENDAR Work Session Meeting Regular Council Meeting 2019 Holidays Observed 1/1 New Year’s Day 1/21 Martin Luther King Day 2/18 Presidents Day 5/27 Memorial Day 7/4 Independence Day 9/2 Labor Day 11/11 Veterans Day 11/28-29 Thanksgiving 12/24 City Manager’s Floating Day 12/25 Christmas Day January 25-28 Mayor’s Day Conference Atlanta, GA June 21-25 GMA Conference Savannah, GA CITY OF MILTON 2019 HOLIDAY SCHEDULE HOLIDAY DATE OBSERVED New Year’s Day Tuesday, January 1, 2019 Martin Luther King, Jr. Birthday Monday, January 21, 2019 President’s Day Monday, February 18, 2019 Memorial Day Monday, May 27, 2019 Independence Day Observed Thursday, July 4, 2019 Labor Day Monday, September 2, 2019 Veterans Day Monday, November 11, 2019 Thanksgiving Day Thursday, November 28, 2019 Day After Thanksgiving Friday, November 29, 2019 City Manager’s Floating Holiday Tuesday, December 24, 2019 Christmas Holiday Wednesday, December 25, 2019 Employee’s Holiday Employee’s Birthday MILTON, r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 15, 2018 FROM: Steven Krokoff, City Manage AGENDA ITEM: Consideration of Contract Forfeiture and Termination for Allegiance Sanitation, LLC MEETING DATE: Monday, November 19, 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: (.�IES () NO CITY ATTORNEY REVIEW REQUIRED: (-4--YES () NO APPROVAL BY CITY ATTORNEY: (-,�PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: n/19 to1E 2006 Heritage Walk Milton, GA P: 678.242,25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on November 15, 2018 for the November 19, 2018 Regular Council Meeting Agenda Item: Consideration of Contract Forfeiture and Termination for Allegiance Sanitation, LLC ____________________________________________________________________________ Department Recommendation: Staff recommends the revocation of the non- exclusive solid waste management contract with Allegiance Sanitation, LLC due to non-compliance with the requirements of the City of Milton Solid Waste Ordinance. Executive Summary: Pursuant to Section 46-70 of the Milton Code of Ordinances (“Code”), waste haulers are contractually obligated to pay to the City a quarterly infrastructure maintenance fee amounting to 5% of the gross receipts generated for services provided within the City’s jurisdiction. As of the date of this memo, Allegiance Sanitation, LLC is five quarterly payments in arrears. If no funds are received by November 15, 2018, they will be six quarters in arrears. Payment has been requested by the city in letters dated May 2, 2018 and June 18, 2018. A certified letter from Jarrard & Davis dated August 23, 2018 was sent requesting payment as well. Additionally, waste haulers are required to sign an affidavit agreeing to be bound by the requirements of the solid waste ordinance, which includes holding adequate insurance to protect our residents. The 2018 paperwork has not been received by Allegiance. In addition to non-payment, the City has received 11 complaints about Allegiance Sanitation, LLC from residents since June 2017. These complaints are from residents from two subdivisions who attempted to end service with Allegiance Sanitation, LLC. The complaints detail attempts by Allegiance Sanitation, LLC to impose a cancellation fee without a signed contract agreeing to such a fee beforehand as well as failure to pick up garbage or cans. Funding and Fiscal Impact: Quarterly payments are based on gross receipts which have not been reported to the City since March 2017. Allegiance Sanitation, LLC owes the following amounts to the City: 1. Infrastructure Maintenance Fee due August 15, 2017 plus a one time 10% penalty and 1.5% monthly interest 2. Infrastructure Maintenance Fee due November 15, 2017 plus a one time 10% penalty and 1.5% monthly interest 3. Infrastructure Maintenance Fee due February 15, 2017 plus a one time 10% penalty and 1.5% monthly interest 4. Infrastructure Maintenance Fee due May 15, 2017 plus a one time 10% penalty and 1.5% monthly interest 5. Infrastructure Maintenance Fee due August 15, 2018 plus a one time 10% penalty and 1.5% monthly interest Alternatives: Council could allow Allegiance additional time for compliance (specifically, to provide proof of insurance, pay outstanding amounts due, and submit affidavit agreeing to comply with requirements of the Code. Legal Review: Jeff Strickland – Jarrard & Davis (October 2, 2018) Concurrent Review: Steve Krokoff, City Manager Carter Lucas, Community Development Director Attachment(s): Correspondence from City of Milton to Allegiance Sanitation, LLC Correspondence from Jarrard & Davis to Allegiance Sanitation, LLC ESTA LISHED 10M May 2, 2018. Allegiance Sanitation P.D. Box: 2635 Cumming, GA 30028 RE: Solid Waste Infrastructure Maintenance Fee Dear Allegiance Sanitation, Our records indicate that you have not paid your infrastructure fees for the last` three quarters.. As. outlined in the. City of Milton Code .of Ordinances, the City reserves the right to terminate the contract and all rights and privileges of any company failing to pay the fees due (Section 46-93(a) 1), plus applicable fees and. interest (Section. 46-70) 0 fn order to operate as a solid waste: hauler within the City of Milton; it is imperative that infrastructure fee forms and payments for the aforementioned delinquent periods delivered to 2006 Heritage Walk by May 18, 2018. Should you have.any questions, contact me at 478-242.2509. Regards, Teresa Stickels Conservaflon Projects Manager 2005 Heritage Walk Milton GA 30004 2006 Hedtag® Walk Milton, GA 30004 P; 678.242.25001 F:. 678:242,2444 info,9cifyofmiltonga.us I www.citynftniltangaw i< 'i ESTABLISHED M June 18, 2018 Allegiance Sanitation P.O. Box 2635 Cumming, GA 30028 RE: Solid Waste Infrastructure.Maintenance Fee Dear Allegiance Sanitation, Our records indicate that you have not paid your infrastructure fees for the fast four quarters. As outlined in the. City of Milton Code. of Ordinances, the City reserves the right to terminate the contract and all rights. and privileges of any company tailing to paythe fees due .(Section 46-93 (a) 1), plus applicable fees and interest (Section 4.6-70), In order to operate as a solid waste hauler within the City of Milton, please. deliver your infrastructure fee forms and payments.for the aforementioned delinquent period delivered to 2006 Heritage Walk by .July 2> 2018.. Should you have any questions; contact me at 678-242-25D9.. Ragards, r pd Teresa Stickers Conservation Projects Manager 2006 Heritage Walk Milton GA 30.004 2006.11 -eFiioge Wuik.Mlitor% GA 3CM, 4 P: 67&242.25100 1 F: 678.242:2499 irtfoG ci�yot�rtiltort i�.us j tiyNcv.ci3yCifrrr'iltonga.�3s. UN E, JARKAR11-FO As;cl.A E. DAYUS i i IRIS'ra114[:Ii J. I.1AM11, I'ON% KEN:<1I:TH R 1tr RP -41' SARAH VANVUF.tii7Nj3jjRC,i4' JARRARD 0 DAVIS, L.LP Limited. Liability Partnership 222 Wehh Street Cunwnilig. Georgia 3O040 TN'Fi'finNE: 678-455M50 FACsITti9 LEI .078.455.7149 .15TftiL KI.A1�fIJ;Cf!]ARRAR[7-i7,�VI5.CGitii A[sa 1slnnllyd dz TCniicsst� 9 Also Admirted ill Wisconsin Also:Admiltc4 in,Unbnma 1A15a Ad,Lwted iii F1d6da {,Uso Adnlill«iin IUitnnis and CMKomi a VIA CERTIFIED.MAIL Tracking.No. 701714504001 [278.7471 Allegiance Sanitation, LIX Attn: Kyle Bevis, Registered Agent 6910.. View Lane. Cumming, Georgia 30041. Tracking No. 70171450000162787495 Allegiance. Sanitation, LLC Attn: Kyle Bevis, President P,0, Box.2635 Cumming, Georgia 30028 August 23, 2018 G. AAKON MFYER MoLLYN. EsSwEaq SAN[ P. VAi VOLKENBURGH 0 3F.FFPFY M. STRICfKLAND 1. PAUL MITC14F..U. PATRW K DOY LE DODSON * JESSICA KTHO AA3t MELISSA A. KLATZKOW1 Tracking No. 70171450000162787488 Allegiance Sanitation, LLC . Atin: Kyle.Bevis, President P.O. Box 501172 Atlanta; Georgia 3115.0 Re: City of .Milton — Solid Waste Infrastructure Maintenance Fee Delinquency Notice Dear Mr. Bevis, This office represents the City of Milton, Georgia ("City" ), as its City Attorney. Please direct any response you -may -have to this officeat the address listed above. Pursuant to Section 46-70 of the Milton Code of Ordinances ("Code"), Allegiance Sanitation, LI.C., is contractually obligated to pay to. the City a quartetly "infrastructure maintenance fee" amounting to five. percent (:51A) of the gross receipts generated. for services provided. within the Cit-y's jurisdiction. The City has already sent you two delinquency notices {.copies are included herein) and has received no response or payment to cure. such delingpency. To date, Allegiance Sanitation, LLG,. is five (5) quarterly payments in. arrears. JAWARD & DAVIS, LLP Page 2of Cade Section 46-70(l) provides, in part, that, "If the infrastructure maintenance fee. is not paid .by the due date m set forth .herein, the company firarn whom the fee was due shall be assessed.and shall pay a late fee in the arnount of: 10% of the amount not timely paid. In addition, all arnounts :otherwise due, including late fees, shall accrue interest at the rate. of 1..5% per calendar month beginning 30. days after the origirial:due date." Allegiance Sanitation, LLC, owes the folIowing.:amounts. to the City: 1. lnf6sttucttu-e .Maiintenaace Fee due August 15, 2017 — 5% of gross receipts generated between April 1; 2017 and June 30,20-17. a. 10% late fee. b. l..s% interest per calendar month beginning September 14,:7017 2. Infrastructure Maintenance Fee due November 15; 20.17 --5% of gross receipts generated between July 1., 2017 and September 30, 2017. a. 10%. late Fee. b. 1.5% interest per calendar naonth.beginning December 15,.2017 3. Infrastructure Maintenance Fee due February 15, 2018 5% of gross receipts generated between Octobcr-1, 2017 and December 31, 2017. a. 10% late fee b, 1,5% interest per calendar month beginning March l7, 201.8 4. Infiastructure Maintenance .Fee due May 15, 2.018:-- 5% of gross receipts generated between January 1., 20.1 Sand March 3.1, 2018. Q. 1.01/o late fee b.. 1.5% interest per calendar month beginning June 14, 201.8 5. Infrastructure Mainterince Fee dire August 15,, 201.8 — 5% of gross receipts generated between April 1, 201.8 and June 3.0,.20 I.S. a, I Q% late fe.e b. 1.5% hiterest per Calendar month beginning September 14, 2018. City Code Section 46-71. provides that Allegiance Sanitation; LLC shall remain "in compliance with the material provisions. of all applicable local, state and federal laws, rules and regulations, and with the.gencral specifications contained in this article." City Code Section 46-93(a)(1) provides that, in addition WAR other rights and powers. retained by the City, the City reserves the .right to declare any contract. forfeited and to terminate the contract and all nights and privileges in the event of a. material breach of the contract terms and conditions, including failure to pay the quarterly infrastructure ma rutenance fees. JARRARD & DAV15,.LLP Page 3 of.3 Pursuant to City Code Section 4693(d), Allegiance Sanitation, LLC, has thirty (30) days frorn the date of this notice to pay ager to the City all past due infrastructure maintenance tees, plus late fees and interest, calculated to the date of payment. If Allegiance Sanitation, LLC; fails to fully -satisfy all arrears within that. time, it will he deemed. in breach and its contract mill be. subject to forfeiture and. termination proceedings before the City Council:. You. immediate attention to this matter is appreciated. Sincerely, JARRARiD & IDAVIS, LLP Jeffrey Strickland Enclosures CO: Steven Krokoff, City Manager Teresa Stickels, Conservation Projects Manager .JMSlkgs KF,N E. JARRARD* ANGELA E. DAVIS CHRISTOPHER J. HAMILTON MEGAN N. MAR-rN KENNETH P. RORTN PAvi. B. F[ucKEY SARAH VANVOLKENBURGH+ JARRARD D.AVI S,j_l.P Limited Liability Partnership 222 Webb Street Cumming, Georgia 30040 TELEPHONE: 678.455.7150 FACS IM1 LE: 678.455.7149 JsTRICKLAND, JARRARD-DA V IS. C OM , Also Admitted in Illinois & California = Admitted in Alabama ' Also Admitted in Florida ' Also Admitted in Tennessee October 8, 2018 BY FORMAL SERVICE OF PROCESS Allegiance Sanitation, LLC Attn: Kyle Bevis, Registered Agent and President 6810 Creek View Lane Cumming, Georgia 30041 G. AARQN MEYER MOLLY N. ESSWEIN SAM P. VANVOLKENBURGH JEFFREY M. STRICKLAND J. PAUL MITCHELL PATRICK 37OYLE DODSON* JESSICA It. THOMAS; MELISSA A. KI,ATZKOWI Re: City of Milton — Solid Waste infrastructure Maintenance Fee Notice of City Council Hearing Mr, Kyle Bevis, Enclosed you will find a copy of the letter we sent to you dated August 23, 2018. Our records show that certified mailing was delivered on August 27, 2018. By that letter, you were provided thirty (30) days to pay over to the City all past due infrastructure maintenance fees, plus late fees and interest, calculated to the date of payment. More than thirty days have passed without any response or payment received from you. Your failure to pay the required fees under City Code Sec. 46-70 is a material breach of the contract. Notice is hereby provided to you that the City Administration is moving forward with forfeiture and termination proceeding before the City Council at the location and on the date and time provided below which is more than twenty (20) days from the date you receive this notice: Location: City Council Chambers Milton City Hall 2006 Heritage Walk Milton, Georgia 30004 Date: November 19, 2018 Time: 6:00 pm (local time) JARRARD & .DAVIS, LLP Page 2 of 2 At the City Council hearing referenced above, the City Administration will recommend termination of your contract... Your attention. to this matter is appreciated. Sincerely; JAIRARD & DAVIS, LLP Jeffrey Strickland Enclosures PC: Steven Krokoff, City Manaiger Teresa Stickers, Conservation Projects Manager 1MSIkgs MILTON'k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 14, 2018 FROM: Steven Krokoff, City Manager 9) AGENDA ITEM: Consideration of a Resolution Declaring the Results of the November 6, 2018 Election. MEETING DATE: Monday, November 19, 2018 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: („�IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES (-'NO CITY ATTORNEY REVIEW REQUIRED: (J YES (, NO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: ► i ► 9� 26 if 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 6, 2018 ELECTION WHEREAS, on May 21, 2018, the City Council adopted Resolution No. 18- 05-476 fixing the qualifying fees for the election of one council member (District 1/Post 2) for the City of Milton, and WHEREAS, on June 18, 2018, the City Council adopted Resolution No. 18- 06-192 approving a referendum on the creation of a local homestead tax exemption for the City of Milton, and WHEREAS, on July 23, 2018, the City Council adopted Resolution No. 18-07- 215 approving a referendum on the question of whether the governing authority of the City of Milton shoul d be authorized to permit and regulate Sunday sales of alcoholic beverages for beverage purposes by the drink from 11:00 A.M. to 12:30 P.M., and WHEREAS, by ordinance approved on August 6, 2018, the City Council amended Section 4-232 of the Code of Ordinances of The City of Milton, Georgia, to permit the sale of alcoholic beverages by the drink between the hours of 11:00 A.M. and 12:30 P.M. on Sundays, conditional upon voter approval; and WHEREAS, the ordinance revising Section 4-232 of the Code of Ordinances provided that, if approved by voters, the revisions would become effective once the results of the referendum have been certified to the Secretary of State and recognized by written resolution of the City Council ; and WHEREAS, the candidate for the District 1/Post 2 City Council office, the homestead tax exemption referendum, and the alcohol sales referendum were submitted to the qualified electors of the City of Milton in a November 6, 2018 election, and WHEREAS, the election results were certified by the Fulton County Board of Registration and Elections on November 13, 2018 (a true and correct copy of said certification is attached hereto as Exhibit A); and WHEREAS, in order to authorize prompt implementation of the will of the voters, as reflected in the certified results, the City Council intends to declare the attached certified election results; NOW THEREFORE BE IT RESOLVED by the City Council for the City of Milton that the results of the November 6, 2018 election are hereby declared to be true and correct as reflected in the certification by the Fulton County Board of Registration and Elections. BE IT FURTHER RESOLVED that Carol Cookerly is recognized as the Councilmember-elect for District One/Post 2. BE IT FURTHER RESOLVED that the local homestead tax exemption referendum resulted in favor of creating the exemption. BE IT FURTHER RESOLVED that the alcohol sales referendum resulted in favor of allowing the City to permit the sale of alcoholic beverages by the drink between the hours of 11:00 A.M. and 12:30 P.M. on Sundays. BE IT FURTHER RESOLVED that the conditional amendments to Section 4-232 of the Code of Ordinances of the City of Milton, Georgia, permitting the sale of alcoholic beverages by the drink between the hours of 11:00 A.M. and 12:30 P.M. on Sundays, shall be effective immediately upon approval of this resolution. SO RESOLVED this the 19th day of November, 2018. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk Exhibit A CONSOLIDATED MUNICIPAL/COUNTY CERTIFICATION OF RETURNS FOR: <X) SPECIAL ELECTION ( ) GENERAL ELECTION ( ) RUNOFF ELECTION l\0 v, 0o217fg &1w;i;:~ MunicipafuitCounty Instru ctions: Pre pare and print (4) copies of the Elec tion Summ ary (county consolidated vote totals report that is generated by GEMS). Attach copies of this consolidated certifica tion report as follows: 1. Whi te sheet is attached to Electi on Summary and return ed to Secretary of State. 2. Yellow sheet is attached to Election Summary and main tain ed by Superintendent. 3. Pink shee t is atta ched to E lecti on Summary and sent to Clerk of Superio r Court. 4. Go ldenrod C opy is attac hed to Election Summary and imm edia tely post ed at the City Hall ( city) or Courth ouse (county) E L ECTI O N S UMMAR Y Musr B E ATIA C RE D To Tms F O RM WRITE-IN VOTES: Record total nwnber of votes received by all qualified write-in candidates. Votes recorded here are the write-in totals from Direct Record Electronic Machines and Optical Scan Absentee/Provisional Ballots. WRITE-IN CANDIDATES (Insert Titles of Offices and Names of Candidates) Insert Vote Totals On Blanks Below: ____________ Votes ____________ Votes ____________ Votes ____________ Votes ____________ Votes ____________ Votes ____________ Votes We, the undersigned Superintendent of Elections and his/her Assistants, do jointly and severally certify that the attached Election Summary is a true and correct count of the votes cast in this City/County, and that the above listed Write-In Votes constitute. all votes cast for qualified Write-In Candidates on Direct Record Electronic Machines and Optical Scan Absentee/Provisional Ballots. In TES~NY WHEREOF, We have hereunto set our h ds and seals this /J day of ./:k!._tn<btr; .tr}/!. SIGNED IN UADR LIC TE. ~-lr---c... FORMI CR-SCM-ORE-03-C CONSOL~ATE D M UNI CIPAL /COUNTY CERTIFI CA& OF RE TURN S FOR: 'ti.) SPECIALELECTION . 1& b,1 MLJ! { ) GENERAL ELECTION ;dare/, L /2 ( ) RUNOFF ELECTION ~~J ti/; t7 /J unicipali /County (_ I Of/ Instru ctions: Pre pare and prin t (4) copies of the Electi on Summary (county conso lidated vote totals report tha t is generated by GEMS ). Atta ch copies of this conso lida ted certifi cation report as follows: 1. White sheet is attac hed to Election Summary an d return ed to Sec retary of State. 2. Yellow sheet is atta ched to Electi on Summary an d main tain ed by Superin tendent. 3. Pink sheet is atta ched to Electi on Summary an d sen t to Clerk of Superior Court. 4. Go ldenrod Copy is attach ed to Electi on Summary an d imm edi ately posted at the City Hall ( city) or Courth ouse (county) ELECTION SUMMARY Musr BE ATIACHED To Tms FORM REFERE ND UM QUES TIONS: Affix a copy of the complete wording of the question(s) as such appeared on the ballot. SHORT TITL E OF QUESTI ON(S) AS SHOWN ON ATTACHE D ELEC TION SUMMAR Y: QUESTION: Homestead Exemption Property Tax (Volo for Ono) I ·oo you •pprovo J_now homutc•d ••emption from Cil)' cl Minon properly t>tH for cay purpose, In tho amovnt of the dlllcrencc between the cu,rcnt year n,cssed valuo of• homo and It• lowest b110 ye11 value. provided th;t the lowest base year value wm be adjusted yearly by the fcs,er of 3 percent er the inn1tion rate?· YES 0110 This Referendum was held in accordance with (Citation of Act calling for the Election): Local Act No., Year _ Ga. Laws page No. _ QUESTION: Sunday Brune Alcohol Sales (Voto ror Ono) "Sh>ll tho oovcmlno ;ulho tho c,1y or MIiton, Gtorol• ~ulhoth:c-d lo pcrmlt aed ro Sund•y ulo• cl dht~ltd •P atcoho1ic bovtr.lQOJ for be purposu hy U.o drin~ horn A.M. re 12:l0 P.J.t.r OYES 0110 - h rityof be gub.tc lflt, or vcraao 11:00 This Referendum was held in accordance with (Citation of Act calling for the Election): Loc al Act No. Year _ Ga. Laws page No _ We, the undersigned Superintendent/Supervisor of Elections and his/her Assistants, do jointly and severally certify that the attached Election Summary is a true and correct count of the votes cast in this City/County. In TESTIMONY WHEREOF, We have hereunto set our hands and seals this /,; day of N dv'~~ ,2/J/J>'_ I S NED IN QUADRUP ICATE n l ' . :) JI.. L__ Assistant FORM# CR-SCM-DRE-03-Q Election Summary Report Fulton County, Georgia General and Special Election November 6, 2018 Official and Complete CJTY OF MILTON Date: I 1/11/18 Time: 15: 12:36 Page: I or I Registered Voters 24990 - Cards Cast 164 36 65.77% MILTON -CITY COUNCIL DI P2 Total Number of Precincts 8 Precincts Reporting 8 100.0 % Times Counted 5517/8604 64.1 % Total Votes 4287 C. E. COOKERLY 4203 98.04% Write-in Votes 84 1.96% MIL TON - HOMESTEAD EXEMPTION Total Number of Precincts 19 Precincts Reporting 19 100.0 % Times Counted 16436/24990 65.8 % Total Votes 14769 YES 11640 78.81% NO 3129 21.19% Ml LTON - SUNDAY ALCOHOL SALES :, Total Number or Precincts 19 Precincts Reporting 19 100.0 % Times Counted 16436/24990 65.8 % T otal votes 15912 Y E S 12139 76.29% N O 377 3 23.71% Num. Report Precinct 19 - Num. Rcponing 19 100.00% Election Summary Report Fulton County, Georgia General and Special Election November 6, 2018 Official and Complete CITY OF MILTON Dmc:I 1/11/18 Time: 15:08:33 Page:! of I R egistered V oters 2499 0 - C ar ds C as t 164 36 65.77 % M l LT O N - C IT Y C O U N C IL D I P2 Polling A B M A IP I A IP 2 A IP 3 PR O T otal N um ber of Pre cincts 8 8 8 8 8 8 8 Precincts Repo rt ing 8 8 8 8 8 8 8 100.0 % T im es C ounted (R eg. voters 8604) 2024 223 49 3204 6 II 5517 6'1.1 % T otal Votes 1578 16 1 37 2503 6 2 4287 C . E. C O O K E R L Y 1555 159 36 244 5 6 2 4203 98.04% W rite-in Voles 23 2 I 58 0 0 84 1.96% I - - " N um . Report Precinct 19 - N um . Report ing 19 100.00% M IL T O N - HO M E ST E A D E X E M PT IO N Poll ing A B M A IP I A IP 2 A IP 3 PR O T o1al N um ber of Precincts 19 19 19 19 19 19 19 Precincts Reporting 19 19 19 19 19 19 19 100.0 % T im es C ounted (R eg. Voters 24990) 6385 700 141 9152 25 33 16436 65.8 % T otal Votes 5681 609 120 8328 22 9 14769 Y ES 4373 486 89 6666 19 7 1164 0 78.81% N O 13 08 123 31 1662 3 2 3129 21.1 9% M IL T O N - S U N D A Y A LC O H O L SA L ES Poll ing A B M A IP I A IP2 A IP 3 PR O T ota l N um ber of Pre cincts 19 19 19 19 19 19 19 Precincts Reporting 19 19 19 19 19 19 19 100.0 % T im es C oun ted (R eg. V oters 24990) 6385 700 141 9152 25 33 16436 65.8 % T otal votes 6172 668 135 8893 24 20 15912 Y E S 4681 494 110 6818 21 15 12 139 76.29% N O 1491 174 25 2075 3 5 3773 23.71% Statem ent of Votes Cast Dnte: 11/11/18 Fulton County, Georgia Time:15:51:45 Pagc:I of 4 General and Special Election November 6, 2018 Official and Complete CITY OF MIL TON TU RN OUT Reg. Voters Cruds Cnst % Turnout Jurisdiction Wide MLOII 2439 168 1 6S.92'/. ML012 -185 338 69.69'/. MLOIO 138 96 69.57'/. ML021 199 1 1369 68.76¾ ML022 2·11 148 61.41¾ ML023 1542 1027 66.60'/. ML024 113 70 61.95¾ MLOJ 3757 2575 68.S-1~: MLQ.IA 1747 1176 67.J~/ ML0.18 1206 838 69,-19'/4 MLO.IC 79 66 S3.54¾ ML05A 39 27 69.23% ML058 381 250 65.62'/. ML05C 4023 2615 65.00'/4 ML06A 1973 1024 51.90"/. ML068 2775 173•1 62.4~~ M.L071 105 7J 69.52'/. ML072 1249 857 68.61¾ ML07A 707 472 66.76¾ Total 24990 16436 65. 77'/4 S ta te m e n t o f V o te s Cast Date: 11/11/18 Fulton County, Georgia Timc:15:51:45 Pngc:2 of 4 General and Special Election November 6, 2018 Official and Complete CITY OF MILTON M il.TO N · CITY C O U N C Ii. DI P2 Reg. Vo1crs I Times ITotnl Votes IC E . C O O KER LY I Write-In votes Counted Jun sd icu on Wide MLOII 2439 1681 1312 1286 98 02"/4 26 1.98'1. ML012 485 338 273 265 97,07'/o 8 293¾ MLOIB 138 96 75 72 96.00¼ 3 4.00'1. ML022 241 148 110 109 99 ,09"/4 I 0.91¾ ML023 1542 1027 780 763 97 82"/4 17 2.1s,~ ML04A 1747 1176 90 8 892 98.24¼ 16 I 76¾ ML05A 39 27 15 14 93.33% I 6,67¾ ML06A 1973 102,1 814 S02 9853¾ 12 147¾ T otal 8604 5517 4287 4203 98.04% 84 1.96'-• Statem ent of Votes Cast Date: 11/11/18 Fulton County, Georgia Time: 15:51 :45 Page:3 of 4 General and Special Election November 6, 2018 Official and Complete CITY OF MIL TON ~Ill TON· HOMESTEAD EXEMPTION Reg. Voters Time, Counted Total Voles IYES 'NO Junsdicuon Wide ML0II 2439 1631 1502 1211 80.631/o 291 193r,~ ML0l2 485 338 310 248 80.0<r.'e 62 2000"/4 ML0IB 138 96 85 66 77,65% 19 22.35o/. ML021 1991 1369 1226 984 80.26% 242 19.NY. ML022 241 1-18 123 99 80,4~~ 24 19 51% ML023 1542 1027 906 728 80.35% 178 19,65Y. ML024 113 70 63 52 82.54% 11 17.46% ML03 3757 2575 2297 1852 80.63¾ 445 19.370/4 ML04A 1747 1176 1056 841 79.6-1% 215 20.36~~ ML04B 1206 838 776 6().1 77.84 ~~ 172 2216¾ ML04C 79 66 63 50 79,370/4 13 20.63¾ ML05,\ 39 27 21 16 76,190/4 5 23,81% Ml.058 381 250 217 167 76,96% so 23,()-1¾ ML05C -1023 2615 2362 1847 78,20% 515 21.80'/4 ML06A 1973 102-1 910 650 11 .n•;. 260 28.5701. ML068 2775 1734 1564 1193 76.28% 371 23.72°1. ML071 105 73 67 SI 76. l'r/4 16 23.SS°I. ML072 12·19 857 784 623 79.46% 161 20.54% ML07A 707 .172 437 358 81 92°/4 7'> 1808% To1al 24990 16-136 14769 116-10 78.81~, 3129 21.190/4 S tatem e n t o f V o tes C as t Date: l I/I l/18 Fulton County, Georgia T im e: 15:51 :45 Pagc:4 of4 General and Special Election November 6, 2018 Official and Complete CITY OF MIL TON Mil.TON - SUNOA Y Al.COIIOL SALES Reg, Voters I Times Counted I Total Votes 'YES NO Jurisdiction Wide MLOII 2•13 9 1681 1615 1277 79.07% 338 20.93¾ Ml.012 485 338 323 25 6 79.26% 67 20.74~1 Ml.010 138 96 90 74 82 22"/4 16 17.78"/4 ML021 1991 1369 1320 1029 7795¾ 291 22.05~~ ML022 241 148 142 111 78.11°/4 31 21.83¾ ML023 1542 1027 990 782 1s.m'. 20S 21.01¾ ML024 113 70 68 ·1·1 ~.11,~ 24 3529% Ml.OJ 3757 2S7S 2492 1936 77.69'/4 556 2231% ML04A 1747 1176 1132 861 76.06% 271 23.94¾ Ml.040 1206 838 82:? 650 79.0~~ 172 20.92¾ ML04C 79 66 6'1 54 84.JS-/o 10 15.63¾ ML05A 39 27 25 19 76.~. 6 24.00'/4 Ml.050 381 250 242 175 72.31% 67 27.69'/4 ML05C 4023 2615 255-1 1914 74.94% 640 25.06¾ ML06A 1973 102·1 981 728 74.:?t~• 253 25.79'/4 ~IL06B 2775 173·1 1679 1195 71 11°/4 484 28.83¾ ML071 105 73 73 5•1 73.91°/4 19 26.03¾ ML072 l'.!49 S57 838 612 73.03% 226 269io/, ML07A 707 -172 •162 368 79.65¾ 94 2035¾ Total 24990 16436 15912 12139 76.29'/4 3773 23.71¾