Loading...
HomeMy WebLinkAboutAgenda Packet - CC - 07/22/20192006 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, July 22, 2019 City Council Meeting Agenda 6:00 PM INVOCATION – Sarah LaDart 1)CALL TO ORDER 2)ROLL CALL 3)PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 4)APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 19-154) 5)PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 22, 2019 Page 2 of 5 6) CONSENT AGENDA 1. Approval of an Emergency Construction Services Agreement between the City of Milton and HAD Enterprises, Inc. dba Banks Septic for the Installation of a New Septic System at Fire Station 42. (Agenda Item No. 19-155) (Sara Leaders, Interim Public Works Director) 2. Approval of an Automatic Aid and Mutual Aid Agreement between the City of Milton and the City of Roswell to Provide Supplemental Fire Suppression and Emergency Services for the City of Milton and the City of Roswell. (Agenda Item No. 19-156) (Robert Edgar, Fire Chief) 3. Approval of a Right of Way and Field Mowing Agreement between the City of Milton and Ashford Gardeners, Inc. (Agenda Item No. 19-157) (Sara Leaders, Interim Public Works Director) 4. Approval of an Intergovernmental Agreement between Fulton County, Georgia and the City of Milton, Georgia for Freemanville Road and Providence Road Roundabout Project. (Agenda Item No. 19-158) (Sara Leaders, Interim Public Works Director) 5. Approval of the Mayfield Road Regional Storm Water Management Facility Use Agreement between the City of Milton, Stan W. Sparrow and Taylor Morrison of Georgia, LLC. (Agenda Item No. 19-159) (Sara Leaders, Interim Public Works Director) 6. Approval of the Mayfield Road Regional Storm Water Management Facility Use Agreement between the City of Milton, Crabapple Ventures, LLC and Taylor Morrison of Georgia, LLC. (Agenda Item No. 19-160) (Sara Leaders, Interim Public Works Director) 7. Approval of the Mayfield Road Regional Storm Water Management Facility Use Agreement between the City of Milton, Red Barn Crabapple, LLC and Taylor Morrison of Georgia, LLC. (Agenda Item No. 19-161) (Sara Leaders, Interim Public Works Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 22, 2019 Page 3 of 5 8. Approval of the Mayfield Road Regional Storm Water Management Facility Use Agreement between the City of Milton, Strawberry Fields Milton, LLC and Taylor Morrison of Georgia, LLC. (Agenda Item No. 19-162) (Sara Leaders, Interim Public Works Director) 7) REPORTS AND PRESENTATIONS 1. Discussion of Milton Trails Project Kick Off (Parag Agrawal, Community Development Director) 8) FIRST PRESENTATION (None) 9) PUBLIC HEARING 1. Consideration of a Resolution Transmitting a Draft Capital Improvements Element (CIE) 2019 Annual Update, Relating to the City’s Impact Fee Program to the Atlanta Regional Commission for Regional and State Review. (Agenda Item No. 19-163) (Discussed at the July 15, 2019 City Council Work Session) (Parag Agrawal, Community Development Director) 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2020; and for Other Purposes. (Agenda Item No. 19-152) (First Presentation at July 22, 2019 9:00 AM Special Called City Council Meeting) (First Public Hearing Held at 9:00 AM July 22, 2019 Special Called City Council Meeting) (Bernadette Harvill, Finance Director) 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS 1. Consideration of An Ordinance to Amend Article 1, Section 5.4 of the Milton Tree Canopy Conservation Ordinance to Extend the Date for Mandatory Compliance. (Agenda Item No. 19-146) (First Presentation at July 8, 2019 City Council Meeting) (Parag Agrawal, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 22, 2019 Page 4 of 5 2. Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election. (Agenda Item No. 19-148) (First Presentation at July 8, 2019 City Council Meeting) (Ken Jarrard, City Attorney) 3. Consideration of an Ordinance to Amend Chapter 52, Taxation Sections 52-22 (Due Date) and 52-23 (Fines for Delinquent Payments) of the Code of the City of Milton, Georgia. (Agenda Item No. 19-147) (First Presentation at July 8, 2019 City Council Meeting) (Bernadette Harvill, Finance Director 4. Consideration of An Ordinance of the Mayor and Council of the City of Milton, Georgia, To Adopt Amendments to the Fiscal 2019 Budget for the General Fund of the City of Milton, Georgia Amending the Amounts Shown as Expenditures, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 19-149) (First Presentation at July 8, 2019 City Council Meeting) (Bernadette Harvill, Finance Director) 12) NEW BUSINESS 1. Consideration of a Resolution Transmitting a Draft Capital Improvements Element (CIE) 2019 Annual Update, Relating to the City’s Impact Fee Program to the Atlanta Regional Commission for Regional and State Review. (Agenda Item No. 19-163) (Discussed at the July 15, 2019 City Council Work Session) (Public Hearing Held on July 22, 2019 City Council Work Session) (Parag Agrawal, Community Development Director) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Finance 3. Information Technology 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT MILTON CITY COUNCIL REGULAR COUNCIL MEETING JULY 22, 2019 Page 5 of 5 (Agenda Item No. 19-164) MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: Ju lyj6, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Emergency Construction Services Agreement between the City of Milton and HAD Enterprises, Inc. dba Banks Septic for the Installation of a New Septic System at Fire Station 42. MEETING DATE: Monday, July 22, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4"A'PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( ?YES () NO CITY ATTORNEY REVIEW REQUIRED: (1YES () NO APPROVAL BY CITY ATTORNEY: VAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: C' -?11-4 z`'cl 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 info@cifyofmiltonga.us I www.cityofmilfonga.us To: Honorable Mayor and City Council Members From: Mathew Fallstrom, Capital Projects Manager Date: Submitted on July 11, 2019 for the July 22, 2019 Regular City Council Meeting Agenda Item: Approval of an Emergency Construction Services Agreement between the City of Milton and Banks Septic for the Installation of a New Septic System at Fire Station 42. ____________________________________________________________________________________ Department Recommendation: The Public Works Department recommends approval of this contract for the emergency septic repair. Executive Summary: The contractor will be clearing, grubbing and grading to install a new septic system. The work includes installation of a new 1500-gallon septic tank, 640 feet of new chambered drain field, and a pump lift station. This also includes all permitting, electrical connections, and debris cleanup and removal. Procurement Summary: Purchasing method used: Emergency Purchase Account Number: 100-3510-522210001 Requisition Total: $32,166.00 Vendor DBA: Banks Septic Other quotes or bids submitted (vendor/$): NA Financial Review: Bernadette Harvill, July 15, 2019 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, June 26, 2019 Concurrent Review: Sara Leaders, Interim Public Works Director Attachment(s): Construction Services Agreement HOMEOF'iHF B=pi G-.A.LiTY OF LIFE N GEORGIA' MILTON *t ESTABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT — SHORT FORM Fire Station 42 Septic Replacement Project This Construction Services Agreement (the "Agreement") is made and entered into this , day of , 2019 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Milton City Council, located at 2006 Heritage Walk (hereinafter referred to as the "City"), and HAD Enterprises, Inc. dba Banks Septic., a domestic corporation, having its principal place of business at 5765 Hubbard Town Rd, Cumming, GA 30028, (hereinafter referred to as the "Contractor"), collectively referred to herein as the "Parties". WITNESSETH THAT: WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below) and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below). NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties hereto do mutually agree as follows: Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents: A. Scope of Work, attached hereto as "Exhibit A"; B. Insurance Certificate, attached hereto as "Exhibit B"; C. Contractor Affidavit, attached hereto as "Exhibit C"; D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and E. City of Milton Code of Ethics (codified in the official Code of the City of Milton). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work; A gcncral description of the Project is as follows: At the Firc Station at 15240 Thompson Road., Milton, GA, the contractor will be clearing, grubbing and grading to install a new septic system. The work includes installation of a new 1500 -gallon septic tank, 640 feet of new chambered drain field, and a pump lift station. This also includes all permitting, electrical connections, and debris cleanup and removal. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit A", attached hereto and incorporated herein by reference, provided that the body of this Agreement shall supersede any inconsistent terms in "Exhibit A". The Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 3. Contract Term; Termination: Contractor understands that time is of the essence of this Agreement and ConsuAuCtion SCI-VICC, -1L1,rCCnu:nt I Version 1.0 warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor shall commence Work pursuant to this Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall ftilly complete the Work within ten (10) business days of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $32,166.00 ("Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a Flat Fee and Contractor represents that the Conti -act Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work- within the budgetary limitations established without disregarding Sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed, and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Conti -actor upon the City's receipt and approval of an invoice, setting forth in detail the Work performed, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. The invoice shall be submitted upon completion of the Work. 'File invoice shall be accompanied by a Waiver and Release upon Final Payment procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. Section 6. Covenants of Contractor: A. 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 required by this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept fi-om another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the Content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City rL11-diul- dCk-nOWICdgC that it is pi-ollibitcd for ally PdYlUCIII, gratuity, or offer OrCInploynient. to be made by or on behalf ofa sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor; City's Reliance on the Work-. 'The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Conti -actor's Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work- under professional and industry standards. C. Conti -actor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided ('0iIStR!CI'Ikffl SCTOC�2S AUNNICD 11L 1 VC!"JO11 1 .0 by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. D. Contractor's Representative; Meetings. Matt Gravitt shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Conti -actor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E. 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. 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 and payment of subcontractors, agents, or employees to complete the Work-, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right 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. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to 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, attorneys and volunteers (individually an "indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited to, attorney's fees and costs of defense (-"Liabilities"), "Liabilities"), which may arise frorn or be the result of a willful, negligent, or tortious act or omission arising out of the Work, performance of contracted services, or operations by the Conti -actor, 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 negligent 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. This obligation to indemnify, defend, and hold harmless the Inderrinified Party(ies) shall survive expiration or termination of dais Agi-ccmunt, pruvidL;d that ffic claims arc Masud upon or arise Out Of dCOOHN 01- 011lis'OOIIN Uldl, OCCUrrect during the performance ofthis Agreement. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its officials, employees or agents are named as additional insureds. H. Assignment of As Z� Z� Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, not - delegate any duties of, this Agreement, without the prior express written consent of the City. Con"trucdon ' Crvius AL711"'enlem I Versioll 1.0 I. Employment of Unauthorized Aliens Prohibited— E-Verify,Vfidavit. Pursuant to O.C.G.A. § 13-10-91, the City shall not enter into a contract for the physical performance of services unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits "C" and "D" (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 4' ) or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2) above. 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. § 133-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event the Contractor 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 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 D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process fora period of five (5) years following completion of the contract. Conti -actor agrees that the employee -number category designated below is applicable to the Conti -actor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees, 100 or more employees. Fewer than 100 employees. 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. J. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or staff to likewise protect such coiiiIii-IcnLial inforintition. K. Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor- shall ontractorshall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or Z� customarily secured for proper execution and completion of the Work. 11. Authority to Contract. The individual executing this Agreement on behalf of 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. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other materials, including those in electronic form, prepared or in the process of being prepared for the Work- ("Materials") shal I be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed ('0HSt1-UC60t1 '\Qk:C11-W'11t I VC�'Sinll I .1) by the City. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, asamended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplatedunder this Agreement. Section 7. Final Project Documents; Warranty: Prior to final payment, Contractor shall deliver to City .copies of any as -built drawings, operations; and maintenance manuals, and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within the greater of (a) any warranties listed in Exhibit A or (b) one (1) year from the date of completion, at no additional cost to the City. Section 8. Miscelianeous: A. Complete Agreement; Counterparts; Third PartyRights. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy„ claim, liability, reinlbursernent, cause of action or other right. B. Governing Law; Business License; Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern DistrictofGeorgia— Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the .Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seer.). C. Notices. All notices; requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be dccincd received, and shall be effective, when (r) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. D. Waiver, Sovereign Immunity. No express or implied waiver shall affect any tern or condition other than the one specified in such waiver, and that one only to the extent specifically stated. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. E. Agreement Construction and Interpretation; Invalidity of Provisions, Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to ( onstructi n k` ervicc A _'ret°87,s n[ I Version I J? be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective Date first above written. ISIGNATURES ON FOLLOWING PAGE] Con'A.ruction S crvic.cs "I Cement vc)-sion 1.0 [CORPORATE SEAL] CITY OF MILTON, GEORGIA Signature: Steven Krokoff, City Manager [CITY SEAL] Attest:____ By: Its: City Clerk Approved as to form: CONTRACTOR: HAD Enterprises, Inc. dba Banks Septic By: Its: PresidentNice President VAt est,/Witness: By: Its: ((Assistant) Corporate Secretary if corporation) RATIFIED BY CITY COUNCIL Signature: Joe Lockwood, Mayor City Attorney C011SU'Licli'm Sevvicc,, A��rccmcm versiOn iM "EXHIBIT A" Banks Septic 5765 Hubbard Town Road Cumming, GA 30028 770-889-2708 Office 770-889-2431 Fax ibrookshire,' banksepbc qfg Proposal Job location 06105!19 MG City of Milton 15315 Thompson Mill Road Milton, GA 30004 678-242-2558 June 6, 2019 We_hereby submit specifications and estimates for: Install: ' 640 root of chamber drain field ' 15oD gallon tank • Pump and lift station ' Electric Permit ' Cut drive and haul off • Tree removal ' Grind stumps Extra sleeve By signing this proposal you agree to the terms and conditions of this proposal After we receive the signed copy of this proposal we will schedule the cab and you will receive a confirmation call, we vnll then apply for the permit if needed and also contact UPC (Utilities Protection Center) this is a GA law- so you will notice a locator come out to mark any underground utilities prior to our arrival Any utilroes that are not IoMted by UPC are not our responsibility for repairs (sprinkler lines, water lines. gutter pipes, or packed dhvewaysi Banks Septic will do our best to preserve any and all landscape but we do not replace or move plants, trees, shrubs or grass, unless specified pilot to job Sod, grass seed and hay are available for an additional fee. WE RECOMMEND SEED AND HAY AFTER JOB TO HELP WITH ANY RAIN RUN OFF OR EROSION, WE WILL NOT BF RESPONSIBLE FOR REGRADING AFTER COMPLETION OF JOB IF WE ARE REQUIRED TO REGRADE OR ADD DIRT DUE TO SETTLING THERE IS A FEE ASSOCIATED WITH DOING SO We take great pride in our work and if you have any questions of concerns please do not hesitate to contact our office. There will be a $125 40 cancelation lee if we receive signed proposal and lob is canceled Payment is due upon completion if we are required to tum account over to oolkectons or magistrate court you will be responsible for any and all fees associated with collecting amount owed. Any returned checks will be awed plus 550.00 fee for returned check We recommend soil worK for all drain field repairs We cannot guarantee a life expectancy of a drain field We Propose hereby to furnish matenal and labor - complete in accordance with the above specifications for the sum of Thirty two thousand one hundred sixty six dollars and 00.100 $32.166.00 Payment is due upon completion of job. Please note price can change per recommendation of the health department requirements. All material is guaranteed to be as specified All work to be completed in a professional !manner according to standard practices Any alteration of devralion from above specifications involving extra costs will be executed only upon written orders, and roll become an extra charge over and above the estimate All agreements contingent upon stakes, accidents or delays beyond out control Owner to carry fire, tornado and other necessary insurance Our workers are fully covered by Worker's compensation insurance Acceptanco of Proposal - Tha abava pnoes spebGaatlonx and oondFtions pre sarsfnctury and ore hervoy eccepted You ate authonzed to do this work as specified Payment will be made o3 outlined above Please retum signed c Authorized Signature: Date of Acceptance: Signature: _ Note This proposal may be withdrawn by us if not accepted vMh,n ninety (50) days. "EXHIBIT B" !96 CERTIFICATE F LIABILITY I DATE (MM/DD/YYYY) 06/24/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lindsay Allen NAME: PointeNorth Insurance Group, LLC PO Box 724728 PHONE (770) 858-7540 FAX (770) 858-7545 A(C No Ext): A/C, No): E-MAIL lallen@pointenorthins.com INSURER(S) AFFORDING COVERAGE NAIC # Atlanta GA 31139 INSURERA: Selective Way Insurance Co 26301 INSURED INSURER B: Builders Insurance Group (A Mutual Captive Company) 10704 HAD Enterprises, Inc., DBA: dba Banks Septic Tank Service INSURERC: 5765 Hubbard Town Road INSURER 0: INSURERE : Cumming GA 30040 INSURER F: COVERAGES CERTIFICATE NUMBER: 19-20 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 TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ABIDE INSD R WVD I POLICYNUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIALGENERALLIABILITY CLAIMS -MADE 1 OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $. 15,000 PERSONAL &ADV INJURY $ 1,000,000 A Y Y S 2340899 03/01/2019 03/01/2020 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY ® PECT E LOC2,000,000 GENERAL AGGREGATE $ 2,000,.000 PRODUCTS-COMP/OPAGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANYAUTO _ BODILY INJURY (Per person) $ AIX OWNED SCHEDULED AUTOS ONLY X AUTOS Y Y S 2340899 03/01/2019 03/01/2020 BODILY INJURY (Per accident) $ HIRED �/ NON -OWNED AUTOS ONLY /� AUTOS ONLY PROPERTY DAMAGE $ Per accident $ X UMBRELLA. LAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LAB CLAIMS -MADE S 2340899 03/01/2019 03/01/2020 AGGREGATE $ 5,000,000 DED X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFACERlMEMBER EXCLUDED? NIA Y WCV 0019261 16 03101/2019 03!01/2020 X PER OTH- STATUTE ER E. L. EACH ACCIDENT $ 1,000,000 EA E.L. DISEASE - EA EMPLOYEE S: 1,000,000 (Mandatory in NH) If yes,: describe under aescrttr°nvry Of- or-'ertf1l0t4b oeiu. E.L.. DISEASE- POLICY LIMIT $. 11000,000 DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is. required) ** / *** Fire Station 42, Septic Replacement SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Walk AUTHORIZED REPRESENTATIVE Milton GA 30004 r d Ji f__ /J i1 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD General Liability orserneril COMMERCIAL GENERAL LIABILITY CG 73 00 01 16 This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3 -through -8) for changes affecting your insurance protection. DESCRIPTION PAGE FOUND Additional Insureds - Primary and Non -Contributory Provision Page 7 Blanket Additional Insureds - As Required By Contract Page 6 Broad Form Vendors Coverage Page 6 Damage To Premises Rented To You (Including Fire, Lightning or Explosion) Page 3 Electronic Data Liability ($100,000) Page 4 Employee Definition Amended Page 8 Employees As Insureds Modified Page 5 Employer's Liability Exclusion Amended (Not applicable in New York) Page 3 Incidental Malpractice Exclusion modified Page 7 Knowledge of Occurrence, Claim, Suit or Loss Page 7 Liberalization Clause Page 7 Mental Anguish Amendment (Not applicable to New York) Page 8 Newly Formed or Acquired Organizations Page 5 Non -Accumulation Of Limits (Not applicable in New York or Wisconsin) Page 7 Non -Owned Aircraft Page 3 Non -Owned Watercraft (under 60 feet) Page 3 Not-for-profit Members - as additional insureds Page 5 Personal And Advertising Injury - Discrimination Amendment (Not applicable in New York) Page 8 Products Amendment (Medical Payments) Page 4 Supplementary Payments Amended - Bail Bonds ($5,000) and Loss of Earnings ($1,000) Page 4 Unintentional Failure to Disclose Hazards Page 7 Waiver of Transfer of Rights of Recovery (subrogation) Page 7 When Two or More Coverage Parts of this Policy Apply to a Loss Page 3 Copyright, 2015 Selective Insurance Company of America. All rights reserved. CG 73 00 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 Copyright, 2015 Selective Insurance Company of America. All rights reserved. CG 73 00 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 01 16 This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. However, if (a) two or more Coverage Parts of this policy, or (b) two or more forms or endorsements within the same Coverage Part apply to a loss, only the broadest coverage of this policy will apply, unless specifically stated otherwise within the particular amendment covering that loss. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. COVERAGES - Amendments SECTION I - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY EXCLUSIONS Employer's Liability Amendment (This provision is not applicable in the State of New York). The following is added to Exclusion e. Employer's Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion also does not apply to any "temporary worker Non -Owned Aircraft, Auto or Watercraft A. Paragraph (2) of Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclus- ions is deleted in its entirety and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 26 feet long and not being used to carry persons or property for a charge; or (b) At least 26 feet, but less than 60 feet long, and not being used to carry persons or property for a charge. Any person is an insured who uses or is responsible for the use of such watercraft with your expressed or implied consent. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. B. The following is added to Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion does not apply to; (6) Any aircraft, not owned or operated by any insured, which is hired, chartered or loaned with a paid crew. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage' that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS. Damage To Premises Rented to You A. The last paragraph of Paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted in its entirety and replaced with the following: Exclusions c. through n. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. Copyright, 2015 Selective Insurance Company of America. All rights reserved. CG 73 00 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of'8 B. Paragraph 6. under SECTION III - LIMITS OF INSURANCE is deleted in its entirety and replaced with the following: 6. Subject to Paragraph 5. above, the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage caused by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner, for all such damage caused by fire, lightning or explosion proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of the three, is the amount shown in the Declarations for the Damage To Premises Rented To You Limit. C. Paragraph a. of Definition 9. "Insured contract" under SECTION V DEFINITIONS is deleted in its entirety and replaced with the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to prem- ises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; Electronic Data Liability A. Exclusion p. Access or Disclosure Of Confidential Or Personal Information And Date -related Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclus- ions is deleted in its entirety and replaced by the following.- p. ollowing:p. Access or Disclosure Of Confidential Or Personal Information And Date -related Liability Damages arising out of (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, finan- cial information, credit card information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. B. The following paragraph is added to SECTION III - LIMITS OF INSURANCE: Subject to 5. above, the most we will pay under COVERAGE A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is a sub -limit of $100,000.. SECTION I - COVERAGE C MEDICAL PAYMENTS EXCLUSIONS Any Insured Amendment Exclusion a. Any Insured under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following: a. Any Insured To any insured. This exclusion does not apply to: (1) "Not-for-profit members"; (2) "Golfing facility" members who are not paid a fee, salary, or other compensation; or (3) "Volunteer workers". This exclusion exception does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. Product Amendment Exclusion f. Products -Completed Operations Hazard under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following: f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". This exclusion does not apply to "your products" sold for use or consumption on your premises, while such products are still on your premises. This exclusion exception, does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. SECTION I - SUPPLEMENTARY PAYMENTS COVERAGES A AND B Expenses For Bail Bonds And Loss Of Earnings A. Subparagraph 1.b. under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is deleted in its entirety and replaced with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies,. We do not have to furnish these bonds. Copyright, 2015 Selective Insurance Company of America. All rights reserved_ CG 73 00 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 B. Subparagraph 1.d. under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is deleted in its entirety and replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1;000 a day because of time off from work. SECTION 11 - WHO IS AN INSURED - Amendments Not -for -Profit Organization Members The following paragraph is added to SECTION 11 - WHO IS AN INSURED: If you are an organization other than a partnership, joint venture, or a limited liability company, and you are a not- for-profit organization, the following are included as additional insureds: 1. Your officials; 2. Your trustees; 3. Your members; 4. Your board members; 5. Your commission members; 6. Your agency members; 7. Your insurance managers; 8. Your elective or appointed officers; and 9. Your "not-for-profit members". However only with respect to their liability for your activities or activities they perform on your behalf. Employees As Insureds Modified A. Subparagraph 2.a.(1)(a) under SECTIONII - WHO IS AN INSURED does not apply to "bodily injury' to a "temporary worker" caused by a co -"employee" who is not a "temporary worker". B. Subparagraph 2.a.(2) under SECTION 11 - WHO IS AN INSURED does not apply to "property damage' to the property of a "temporary worker" or "volunteer worker" caused by a co -"employee' who is not a "temporary worker" or "volunteer worker". C. Subparagraph 2.a.(1)(d) under SECTION 11 - WHO IS AN INSURED does not apply to "bodily injury' caused by cardio -pulmonary resuscitation or first aid services administered by a co -"employee". With respect to this provision only, Subparagraph (1) of Exclusion 2. e. Employer's Liability under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply. Newly Formed Or Acquired Organizations A. Subparagraph 3.a. under SECTION II - WHO IS AN INSURED is deleted in its entirety and replaced with the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. However, COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. B. The following paragraph is added to SECTION II WHO IS AN INSURED, Paragraph 3 If you are engaged in the business of con- struction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. However, this provision only applies if you maintain or maintained an interest of at least fifty percent in that partnership or joint venture for the period of that partnership or joint venture. This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than thirty-six months. With respect to the insurance provided by this provision, Newly Formed or Acquired Organizations, the following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY, Paragraph 4. Other Insurance, Subparagraph b. Excess Insurance: The insurance provided by this provision, Newly Formed or Acquired Organizations, is excess over any other insurance available to the insured, whether primary, excess, contingent or on any other basis. (All other provisions of this section remain unchanged). Copyright, 2015 Selective Insurance Company of America. All rights reserved. CG 73 00 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 Blanket Additional Insureds - As Required By Contract A. Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION 11 - WHO IS AN INSURED is amended to include as an additional insured any person or organization whom you have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your ongoing operations, "your product", or premises owned or used by you; With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any profes- sional architectural, engineering or surveying services by or for you, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; and b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong- doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. 2. Your maintenance, operation or use of equip- ment, other than aircraft, "auto" or watercraft, rented or leased to you by such person or organization. A person or organization's status as an additional insured under this endorsement ends when their contract, or agreement with you for such rented or leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the rental agreement or equipment lease expires. The provisions of this coverage extension do not apply unless the written contract or written agreement has been executed (executed means signed by the named insured) or written permit issued prior to the "bodily injury" or "property damage" or "personal and advertising injury Broad Form Vendors Coverage Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) whom you have agreed in a written contract or written agreement to add as an additional insured on your policy. Such person or organization is an additional insured only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, however the insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement; however this exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer; and then repackaged in the original container; e. Any failure to make such inspections, adjust- ments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; or f. Products which, after distribution or sale by you, have been labeled or re -labeled or used as a container, part of ingredient of any other thing or substance by or for the vendor; however this insurance does not apply to any insured person or organization, from who you have acquired such products, or any ingredient, part or con- tainer, entering into, accompanying or containing such products. The provisions of this coverage extension do not apply unless the written contract or written agreement has been executed (executed means signed by the named insured) prior to the "bodily injury" or "property damage". Copyright, 2015 Selective Insurance Company of America. All rights reserved. CG 73 00 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 Incidental Malpractice Subparagraph 2.a.(1)(d) under SECTION II - WHO IS AN INSURED is deleted in its entirety and replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. This does not apply to nurses, emergency medical technicians or paramedics if you are not in the business or occupation of providing any such professional services. This provision does not apply if you are a Social Service or Senior Living risk. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS - Amendments Knowledge Of Occurrence, Claim, Suit Or Loss The following is added to Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirements under this paragraph do not apply until after the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An "executive officer" or insurance manager, if you are a corporation; 4. Your members, managers or insurance manager, if you are a limited liability company; or 5. Your elected or appointed officials, officers, mem- bers, trustees, board members, commission mem- bers, agency members, or your administrator or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. Primary and Non -Contributory Provision The following is added to Paragraph 4. Other Insur- ance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance shall be excess with respect to any person or organization included as an additional insured under this policy,, any other insurance that person or organization has shall be primary with respect to this insurance, unless: (1) The additional insured is a Named Insured under such other insurance; (2) You have agreed in a written contract, written agreement or written permit to include that additional insured on your General Liability policy on a primary and/or non-contributory basis; and (3) The written contract or written agreement has been executed (executedmeans signed by the named insured) or written permit issued prior to the "bodily injury" or "property damage" or "personal and adver- tising injury'. Unintentional Failure To Disclose Hazards The following is added to Paragraph 6. Representations under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you should unintentionally fail to disclose any existing hazards in your representations to us at the inception date of the policy, or during the policy period in connection with any additional hazards, we shall not deny coverage under this Coverage Part based upon such failure to disclose hazards. Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery we may have against a person or organization because of payments we make for "bodily injury or "property damage" arising out of your ongoing operations or "your work" done under a written contract or written agreement and included in the "products -completed operations hazard", if: 1. You have agreed to waive any right of recovery against that person or organization in a written con- tract or written agreement; 2. Such person or organization is an additional insured on your policy; or 3. You have assumed the liability of that person or organization in that same contract, and it is an "insured contract". The section above only applies to that person or organization identified above, and only if the "bodily injury' or "property damage" occurs subsequent to the execution of the written contract or written agreement. Liberalization The following condition is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our filed company rules, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Non -Accumulation Of Limits (This provision is not Applicable in the state of New York or Wisconsin). The following condition is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: If you have other insurance provided by us or one of our affiliates that will respond to a claim or "suit also covered under this coverage, the maximum limit of insurance under all collectible insurance shall not exceed the highest applicable limit under any one of the other coverage part(s), form(s) or policy(ies). Copyright, 2015 Selective Insurance Company of America. All rights reserved. CG 73 00 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 SECTION V - DEFINITIONS Discrimination (This provision does not apply in New York). A. The following is added to Definition 14. "Personal and advertising injury". "Personal and advertising injury" also means "discrimination" that results in injury to the feelings or reputation of a natural person, however only if such "discrimination" or humiliation is: 1. Not done by or at the direction of: a. The insured; or b. Anyone considered an insured under SECTION II - WHO IS AN INSURED; 2. Not done intentionally to cause harm to another person. 3. Not directly or indirectly related to the employ- ment, prospective employment or termination of employment of any person or persons by any insured. 4. Not arising out of any "advertisement" by the insured. B. The following definition is added to SECTION V - DEFINITIONS: "Discrimination" means: a. Any act or conduct that would be considered discrimination under any applicable federal, state, or local statute, ordinance or law; b. Any act or conduct that results in disparate treatment of, or has disparate impact on, a per- son, because of that person's race, religion, gender, sexual orientation, age, disability or physical impairment; or c. Any act or conduct characterized or interpreted as discrimination by a person based on that person's race, religion, gender, sexual orienta- tion, age, disability or physical impairment. It does not include acts or conduct characterized or interpreted as sexual intimidation or sexual harass- ment, or intimidation or harassment based on a person's gender. Electronic Data The following definition is added to SECTION V - DEFINITIONS: "Electronic data" means information; facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applica- tions software, hard or floppy disks, CD-ROMS, tapes, drives, cell, data processing devices or any other media which are used with electronically controlled equipment. For the purpose of the Electronic Data Liability coverage provided by this endorsement, Definition 17. "Property damage" is deleted in its entirety and replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purpose of the Electronic Data Liability coverage provided by this endorsement, "electronic data" is not tangible property. Employee Amendment Definition 5. "Employee" under SECTION V - DEFINI- TIONS is deleted in its entirety and replaced by the following: 5. "Employee" includes a "leased worker", or a "tempo- rary worker". If you are a School, "Employee" also includes a student teacher. Golfing Facility The following definition is added to SECTION V - DEFINITIONS: "Golfing facility" means a golf course, golf club, driving range, or miniature golf course. Mental Anguish Amendment (This provision does not apply in New York). Definition 3. "Bodily injury" under SECTION V - DEFINITIONS is deleted in its entirety and replaced with the following: 3. 'Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. This includes mental anguish resulting from any bodily injury, sickness or disease sustained by a person. (In New York, mental anguish has been determined to be "bodily injury"). Not-for-profit Member The following definition is added to SECTION V - DEFINITIONS: "Not-for-profit member" means a person who is a member of a not-for-profit organization, including clubs and churches, who receives no financial or other compensation. Copyright, 2015 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 73 00 01 16 Page 8 of 8 COMMERCIAL GENERAL LIABILITY CG 79 88 01 16 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. BLANKET ADDITIONAL INSUREDS a. Ongoing Operations SECTION 11 — WHO IS AN INSURED is amend- ed to include as an additional insured any person or organization you have agreed in a written contract, written agreement, or written permit to add as an additional insured on your policy, but only with respect to liability arising out of your ongoing operations performed under that con- tract, agreement, or permit when that contract, agreement, or permit requires the additional insured be added with respect to liability arising out of your ongoing operations. If the written contract, written agreement, or written permit does not require that the additional insured be added with respect to liability arising out of your ongoing operations, then SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization you have agreed in a written contract, written agreement, or written permit to add as an addi- tional insured on your policy, but only with re- spect to "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your ongoing operations performed under that contract; agreement, or permit. b. Completed Operations SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization you have agreed in a written contract, written agreement, or written permit to add as an additional insured on your policy, but only with respect to their liability arising out of "your work" performed under that contract, agreement, or permit and included in the "products -completed operations hazard" when that contract, agreement, or permit requires the additional insured be added with respect to liability arising out of "your work' performed under that contract, agreement, or permit and included in the "products -completed operations hazard". If the written contract`, written agreement, or written permit does not require that the additional insured be added with respect to liability arising out of "your work" performed under that contract; agreement, or permit and included in the "products -completed operations hazard", then SECTION 11 WHO IS AN INSURED is amended to include as an addi- tional insured any person or organization you have agreed in a written contract, written agree- ment, or written permit to add as an additional insured on your policy, but only with respect to liability for "bodily injury","property damage" or '.personal and advertising injury" caused, in whole or in part, by "your work" performed under that contract, agreement, or permit and included in the "products -completed operations hazard". G. The coverages provided in Paragraphs a. and b. do not apply unless the written contract or written agreement has been executed (executed means signed by the named insured) or written permit issued prior to the "bodily injury", "property damage" or "personal and advertising injury". d. Exclusions (1) With respect to the insurance afforded to additional insureds under a. Ongoing Oper- ations the following is added to 2. Exclu- sions under SECTION I — COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY: This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" occurring after: (a) All work, including materials; parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or Copyright, 2015 Selective Insurance Company of America. All rights reserved. CG 79 88 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 3 (b) That portion of "your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contrac- tor or subcontractor engaged in perform- ing operations for a principal as a part of the same project. (2) With respect to the insurance afforded to these additional insureds under a. Ongoing Operations and b. Completed Operations, the following is added to 2. Exclusions under SECTION 1 — COVERAGE A — BODILY INJURY AND PROPERTY DAM- AGE LIABILITY: This insurance does not apply to: "Bodily injury", "property damage", or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field orders; change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. e. Conditions 2. PROPERTY DAMAGE CARE, CUSTODY OR CONTROL With respect to the insurance afforded to these additional insureds under a. Ongoing Opera- tions and b. Completed Operations the follow- 3 ing is added to Paragraph 4. Other Insurance, a. Primary Insurance under SECTION IV— COMMERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is primary and will not contribute with any other insurance available to an addi- tional insured under this coverage part provided that: (1) The additional insured is a Named Insured under such other insurance. (2) You have agreed in a written contract, written agreement or written permit to in- clude that additional insured on your General Liability policy on a primary and/or non- contributory basis. The following is added to Exclusion j. under SECTION I - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Paragraphs (4) and (5) do not apply for the limited purpose of providing the coverage and sub -limits of liability as set forth below. We will pay those sums that the insured becomes legally obligated to pay as damages arising out of " property damage" to: (1) Personal property in the care, custody or control of the insured; and (2) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are perform- ing operations, if the "property damage" arises out of those operations. The most we will pay under (1) and (2) above in any one "occurrence" or for all damages during any one policy period is a sub -limit of $100,000. These limits are included in and not in addition to the Limits of Insurance shown in the Declarations of the Commercial General Liability Policy. Our right and duty to defend the insured against any "suit" for damages under (1) and (2) above ends when we have used up the applicable sub -limit of liability in the payment of judgments or settlements under it. OTHER INSURANCE AMENDMENT — SUPPLE- MENTAL COVERAGE FOR INSURED'S INVOLVE- MENT IN A CONSOLIDATED (WRAP-UP) INSUR- ANCE PROGRAM OR SIMILAR PROJECT The following is added to SECTION IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS, Para- graph 4. Other Insurance b_ Excess Insurance (1)(a); (v) That is covered by a consolidated (wrap-up) or similar insurance program provided by the prime contractor/project manager or owner of the construction project in which you are involved for your ongoing operations or operations included within the "products -completed operations haz- ard", unless such consolidated (wrap-up) or simi- lar program is specifically excluded from cover- age on this policy. Copyright, 2015 Selective Insurance Company of America. All rights reserved. CG 79 88 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 3 4. FELLOW EMPLOYEE EXTENSION Under SECTION II — WHO IS AN INSURED Para- graphs 2.a. and 2.a. (1) are replaced by the follow- ing: Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "execu- tive officers" (if you are an organization other than a partnership, joint venture, or limited liabil- ity company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. The Employers Liability exclusion (SECTION I — COVERAGES; COVERAGE A, exclusion e.) does not apply to this provision. However, none of these "employees" or "volun- teer workers" are insureds for: (1) "Bodily injury' or "personal and advertising injury': (a) Arising out of his or her providing or fail- ing to provide professional health care services. 5. CONTRACTUAL LIABILITY (RAILROADS) Definition 9. Insured Contract is amended as fol- lows: Paragraph c. is deleted in its entirety and replaced with the following: Any easement or license agreement; Paragraph f.(1) is deleted in its entirety. 6. CONTRACTUAL LIABILITY AMENDMENT — (PERSONAL AND ADVERTISING INJURY) If it is required in a written contract, written agree- ment or written permit with the insured that any contractual liability exclusion for Personal Injury be removed from the policy, then Exclusion e. Contrac- tual Liability under COVERAGE B PERSONAL AND ADVERTISING INJURY, 2. Exclusions is de- leted in its entirety and replaced with the following: e. Contractual Liability "Personal and advertising Injury" for which the insured has assumed liability in a contract or agreement arising out of an "advertisement". This exclusion does not apply to liability for dam- ages that the insured would have in the absence of the contract or agreement. 7. WAIVER OF GOVERNMENTAL IMMUNITY We will waive, both in the adjustment of claims and in the defense of "suits against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. 8. DAMAGE TO PREMISES RENTED TO YOU The Limit of Insurance for Damage To Premises Rented To You is increased to $1,000,000. Copyright, 2015 Selective Insurance Company of America. All rights reserved. CG 79 88 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-s4) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "ALL WRITTEN CONTRACTS THAT REQUIRE A WAIVER OF SUBROGATION" This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Policy No. WCV 0019261 16 Endorsement No. Insured HAD ENTERPRISES INC Insurance Company Builders Insurance (A Mutual Captive Company) Countersigned by WC 00 03 13 (Ed. 4-84) ©1983National Council on Compensation Insurance. ElitePac° Commercial Automobile Extension COMMERCIAL AUTO CA 78 09 01 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by the endorsement. AMENDMENTS TO SECTION II - LIABILITY COVERAGE If this policy provides Auto Liability coverage for Owned Autos, the following extensions are applicable accord- ingly: NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following is added to SECTION 11, A.I. - Who Is An Insured: Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no similar insur- ance available to that organization. However: 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organiza- tion or the end of the policy period, whichever is earlier; 2. Coverage does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organ- ization. No person or organization is an "insured" with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. LIMITED LIABILITY COMPANIES The following is added to SECTION 11, A.1. - Who Is An Insured: If you are a limited liability company, your members and managers are "insureds" while using a covered "auto" you don't own, hire or borrow during the course of their duties for you. AJ,I;J110YI=1 1►61111J:7=19b9 If this policy provides Auto Liability coverage for Non - Owned Autos, the following is added to SECTION II, A.1. - Who Is An Insured: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name with your permission, while performing duties related to the conduct of your busi- ness. BLANKET ADDITIONAL INSUREDS The following is added to SECTION II, A.1. - Who Is An Insured: Any person or organization with whom you agreed in a written contract, written agreement or written permit to add as an additional "insured" on your policy is an addi- tional "insured". Such person or organization is an addi- tional "insured" only with respect to your ownership, maintenance or use of a covered "auto". This coverage shall be primary and non-contributory with respect to the additional "insured". This provision only applies if: 1. It is required in the written contract, written agree- ment or written permit identified in this section; 2. It is permitted by law; and 3. The written contract or written agreement has been executed or written permit issued prior to the "bodily injury" or "property damage". EXPENSES FOR BAIL BONDS AND LOSS OF EARNINGS Paragraphs (2) and (4) of SECTION II, A.2.a. - Supplementary Payments are deleted in their entirety and replaced with the following: (2) Up to the Limit of Insurance shown on the ElitePac Schedule for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" covered under this policy. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request. This includes actual loss of earnings because of time off from work, which we will pay up to the Limit of Insurance shown on the ElitePac Schedule. Copyright, 2015 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CA 78 09 01 16 Page 1 of 5 EMPLOYEE INDEMNIFICATION AND EMPLOYER'S LIABILITY AMENDMENT The following is added to SECTION Il, B.4. - Exclusions: This exclusion does not apply to a "volunteer worker" who is not entitled to workers compensation, disability or unemployment compensation benefits. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion, SECTION II, B.5. - is deleted in its entirety. CARE, CUSTODY OR CONTROL AMENDMENT The following is added to SECTION II, B.6. - Exclusions: This exclusion does not apply to property owned by anyone other than an "insured", subject to the following: 1. The most we will pay under this exception for any one "accident" is the Limit of Insurance stated in the ElitePac Schedule; and 2. A per "accident" deductible as stated in the ElitePac Schedule applies to this exception. AMENDMENTS TO SECTION III - PHYSICAL DAMAGE COVERAGE If this policy provides Comprehensive, Specified Causes of Loss or Collision coverage, the following extensions are applicable for those "autos" for which Comprehen- sive, Specified Causes of Loss or Collision coverage is purchased: TOWING AND LABOR SECTION III, A.2. - Towing is deleted in its entirety and replaced with the following: We will pay all reasonable towing and labor costs up to the maximum Limit of Insurance shown on the ElitePac Schedule per tow each time a covered "Private Passen- ger Auto", "Social Service Van or Bus" or "Light Truck" is disabled and up to the maximum Limit of Insurance per tow each time a covered "Medium Truck", "Heavy Truck" or "Extra Heavy Truck" is disabled. For labor charges to be eligible for reimbursement the labor must be performed at the place of disablement. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. GLASS BREAKAGE DEDUCTIBLE The following is added to SECTION III, A.3. - Glass Breakage - Hitting A Bird Or Animal - Falling Objects or Missiles: If damaged glass is repaired rather than replaced, no deductible will apply for such repair. This extension does not apply to Emergency Services Organizations and Governmental Entities. ADDITIONAL TRANSPORTATION EXPENSES SECTION III, A.4.a. - Transportation Expenses is deleted in its entirety and replaced with the following: We will pay up to the maximum Limit of Insurance shown on the ElitePac Schedule for temporary transportation expenses that you incur because of any "loss" to a covered "auto", but only if the covered "auto" carries the coverages and meets the requirements described in 1. or 2. below: 1. We will pay temporary transportation expenses for total theft of a covered "auto". We will only pay for such expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". 2. For "loss" other than total theft of a covered "auto" under Comprehensive or Specified Causes of Loss Coverage, or for any "loss" under Collision Coverage to a covered "auto", we will only pay for those tem- porary transportation expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the number of days reasonably required to repair or replace the covered "auto" or 30 days. Paragraph 2. of this extension does not apply while there are spare or reserve "autos" available to you for your operations. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. HIRED AUTO PHYSICAL DAMAGE COVERAGE The following is added to SECTION III, A.4. - Coverage Extensions: Physical Damage coverage is hereby extended to apply to Physical Damage "loss" to "autos" leased, hired, rented or borrowed without a driver. We will provide cov- erage equal to the broadest coverage available to any covered "auto" shown in the Declarations. But, the most we will pay for "loss" to each "auto" under this coverage extension is the lesser of: 1. The Limit of Insurance stated in the ElitePac Schedule; or 2. The actual cash value of the damaged or stolen property as of the time of the "loss"; or 3. The actual cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. A part is of like kind and quality when it is of equal or better condition than the pre- accident part. We will use the original equipment from the manufacturer when: Copyright, 2015 Selective Insurance Company of America. All rights reserved. CA 78 09 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 INSURED'S COPY (a) The operational safety of the vehicle might otherwise be impaired; (b) Reasonable and diligent efforts to locate the appropriate rebuilt, aftermarket or used part have been unsuccessful; or (c) A new original equipment part of like kind and quality is available and will result in the lowest overall repair cost. For each leased, hired, rented or borrowed "auto" our obligation to pay "losses" will be reduced by a deductible equal to the highest deductible applicable to any owned "auto" for that coverage. No deductible will be applied to "losses" caused by fire or lightning. SECTION IV, B.5. Other Insurance Condition, Para- graph 5.b. is deleted in its entirety and replaced by the following: For Hired Auto Physical Damage Coverage, the follow- ing are deemed to be covered "autos"' you own: 1. Any covered "auto" you lease, hire, rent, or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract or agreement in that "employee's" name, with your permission, while per- forming duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. HIRED AUTO LOSS OF USE COVERAGE The following is added to SECTION III, A.4. - Coverage Extensions: We will pay expenses for which you are legally responsi- ble to pay up to the Limit of Insurance shown on the ElitePac Schedule per "accident" for loss of use of a leased, hired, rented or borrowed "auto" if it results from an "accident". This coverage extension does not apply to Emergency Services Organizations, Governmental Entities, and Schools. AUTO LOAN/LEASE GAP COVERAGE (Not Applica- ble in New York) The following is added to SECTION III, A.4. - Coverage Extensions: In the event of a total "loss" to a covered "auto" we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear, high mileage or similar charges; c. Security deposits not refunded by the lessor or financial institution; d. Costs for extended warranties, credit life, health, accident, or disability insurance purchased with the loan or lease; and e. Carry-over balances from previous leases or loans. You are responsible for the deductible applicable to the "loss" for the covered "auto". This extension only applies if the lessor or financial institution is an additional "insured" under this Coverage Form. PERSONAL EFFECTS The following is added to SECTION III, A.4. - Coverage Extensions: If this policy provides Comprehensive Coverage for a covered "auto" you own and that covered "auto" is stolen, we will pay up to the Limit of Insurance shown on the ElitePac Schedule, without application of a deducti- ble, for lost personal effects that were in the covered "auto" at the time of theft. Personal effects do not include jewelry, tools, money, or securities. This coverage is excess over any other collectible insurance. AIRBAG COVERAGE The following is added to SECTION III, B.3.a. - Exclusions: Mechanical breakdown does not include the accidental discharge of an airbag. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. EXPANDED AUDIO, VISUAL, AND DATA ELEC- TRONIC EQUIPMENT COVERAGE SECTION III, B.4. - Exclusions This exclusion does not apply to the following: 1. Global positioning systems; 2. "Telematic devices"; or 3. Electronic equipment that reproduces, receives or transmits visual or data signals and accessories used with such equipment, provided such equipment is: a. Permanently installed in or upon the covered "auto" at the time of the "loss"; b. Removable from a housing unit that is perma- nently installed in the covered "auto" at the time of the "loss",- Copyright, loss"; Copyright, 2015 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CA 78 09 01 16 Page 3 of 5 c. Designed to be solely operated by use of power from the "auto's" electrical system; or d. Designed to be used solely in or upon the covered "auto". For each covered "loss" to such equipment, a deductible of $50 shall apply, unless the deductible otherwise applicable to such equipment is less than $50, at which point the lower deductible, if any, will apply. COMPREHENSIVE DEDUCTIBLE - LOCATION TRACKING DEVICE The following is added to SECTION III, D. - Deductible: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the covered "auto" is equipped with a location tracking device and that device was the sole method used to recover the "auto". PHYSICAL DAMAGE LIMIT OF INSURANCE SECTION III, C. - Limit Of Insurance is deleted in its entirety and replaced with the following: The most we will pay for a "loss" in any one "accident" is the lesser of: 1. The actual cash value of the damaged or stolen property as of the time of the "loss"; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. AMENDMENTS TO SECTION IV - BUSINESS AUTO CONDITIONS DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The following is added to SECTION IV, A.2.a. - Duties In The Event Of Accident, Claim, Suit Or Loss: The notice requirements for reporting "accident" claim, "suit" or "loss" information to us, including provisions related to the subsequent investigation of such "acci- dent", claim, "suit" or "loss" do not apply until the "accident", claim, "suit" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance manager, if you are a corporation; 4. Your members, managers or insurance manager, if you are a limited liability company; 5. Your elected or appointed officials, trustees, board members or your insurance manager, if you are an organization other than a partnership, joint venture or limited liability company. But, this section does not amend the provisions relating to notification of police or protection or examination of the property that was subject to the "loss". WAIVER OF SUBROGATION SECTION IV, A.5. - Transfer Of Rights Of Recovery Against Others To Us is deleted in its entirety and replaced with the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" resulting from the ownership, maintenance or use of a covered "auto" but only when you have assumed liability for such "bodily injury" or "property damage" in an "insured contract". In all other circumstances, if a person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. MULTIPLE DEDUCTIBLES The following is added to SECTION IV, A. - Loss Conditions: If a "loss" from one event involves two or more covered "autos" and coverage under Comprehensive or Specified Causes of Loss applies, only the highest applicable deductible will be applied. CONCEALMENT, MISREPRESENTATION OR FRAUD The following is added to SECTION IV, B.2. - Concealment, Misrepresentation Or Fraud: If you should unintentionally fail to disclose any existing hazards in your representations to us prior to the inception date of the policy or during the policy period in connection with any newly discovered hazards, we will not deny coverage under this Coverage Form based upon such failure. POLICY PERIOD, COVERAGE TERRITORY SECTION IV, 6.7. - Policy Period, Coverage Territory is deleted in its entirety and replaced with the following: Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the "Coverage Territory". We also cover "loss" to or "accidents" involving a cov- ered "auto" while being transported between any of these places. Copyright, 2015 Selective Insurance Company of America. All rights reserved. CA 78 09 01 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5 INSURED'S COPY TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US - DEDUCTIBLES The following is added to SECTION IV, B.8. - Two Or More Coverage Forms Or Policies Issued By Us: If a "loss" covered under this Coverage Form also involves a "loss" to other property resulting from the same "accident" that is covered under this policy or another policy issued by us or any member company of ours, only the highest applicable deductible will be applied. AMENDMENTS TO SECTION V - DEFINITIONS BODILY INJURY INCLUDING MENTAL ANGUISH (Not Applicable in New York) The definition of bodily injury is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death resulting from any of these. "Bodily injury" includes mental anguish resulting from bodily injury, sickness or disease sus- tained by a person. ADDITIONS TO SECTION V - DEFINITIONS COVERAGE TERRITORY "Coverage Territory" means: 1. The United States of America (including its territories and possessions), Canada and Puerto Rico; and 2. Anywhere in the world, except for any country or jurisdiction that is subject to trade or other economic sanction or embargo by the United States of America, if a covered "auto" is leased, hired, rented, or borrowed without a driver for a period of 30 days or less, and the insured's responsibility to pay "damages" is determined in a "suit" on the merits in and under the substantive law of the United States of America (including its territories and possessions), Puerto Rico, or Canada, or in a settlement we agree to. If we are prevented by law, or otherwise, from defending the "insured" in a "suit" brought in a location described in Paragraph 2. above, the insured will conduct a defense of that "suit". We will reimburse the "insured" for the reasonable and necessary expenses incurred for the defense of any such "suit" seeking damages to which this insurance applies, and that we would have paid had we been able to exercise our right and duty to defend. EXTRA HEAVY TRUCK "Extra Heavy Truck" means a truck with a gross vehicle weight rating of 45,001 pounds or more. HEAVY TRUCK "Heavy Truck" means a truck with a gross vehicle weight rating of 20,001 pounds to 45,000 pounds. LIGHT TRUCK "Light Truck" means a truck with a gross vehicle weight rating of 10,000 pounds or less. MEDIUM TRUCK "Medium Truck" means a truck with a gross vehicle weight rating of 10,001 pounds to 20,000 pounds. PRIVATE PASSENGER AUTO "Private Passenger Auto" means a four-wheel "auto" of the private passenger or station wagon type. A pickup, panel truck or van not used for business is included within the definition of a "private passenger auto". SOCIAL SERVICE VAN OR BUS "Social Service Van or Bus" means a van or bus used by a government entity, civic, charitable or social service organization to provide transportation to clients inci- dental to the social services sponsored by the organiza- tion, including special trips and outings. TELEMATIC DEVICE "Telematic Device" includes devices designed for the collection and dissemination of data for the purpose of monitoring vehicle and/or driver performance. This in- cludes Global Positioning System technology, wireless safety communications and automatic driving assistance systems, all integrated with computers and mobile com- munications technology in automotive navigation sys- tems. VOLUNTEER WORKER "Volunteer worker" means a person who performs busi- ness duties for you, for no financial or other compensa- tion. Copyright, 2015 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CA 78 09 01 16 Page 5 of 5 "EXHIBIT C" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE OFGe-pr OL I COUNTY OF By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization User identification number and date of authorization are as follows: (Je S I C-) S I Federal Work Authorization User Identification Number �n__cu� N'L . Date of Authorization HAD Enterprises, Inc. dba Banks Septic Name of Contractor Fire Station 42 Septic Replacement Project Name of Project CiLY Of Milton, Georgia Narne of Public Employer EXPIRES GEORGIA June 28. 2019 I hereby declare under penalty of - pet jury that the foregoing is true and correct. Z� Executed on 2-1 �,,`Q_q,201 9 in CA A Vnny_y_N*% r\Q -(city), SN (state). Si&ature o17A_u_Tro­r`izcd Officer or Agent ':Z'kP -X�A_.1Q-CS'% Q- G'r_C1-\J 'I AA Le bPr_ini�e Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE oQJ DAY OF Tol C_ 201 G. NOTIRY kAIC My Commission Expires: LQ -A _M "EXHIBIT D" SUBCONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(3) STATE OF G ,r % q COUNTY OF - By executing this affidavit, the 91, statinj affirmatively that the ind of servidtfi under a contact with H Georgia, known a deadline; the feder contract who pre subcontrao[ot notice that a registered �vith, is erify, orny subset )fished i O.C.G.A. perform u dersigned subcontractor verifies its compliance with O.C.G.A. § 13 -10 - iv dual, firm or corporation which is engaged in the physical performance Enterprises, Inc. dba Banks Septic on behalf of the City of Milton, rireplacement zed to use and uses the federal work authorization program commonly program, in accordance with the applicable provisions and 13-10-91. Furthermore, the undersigned subcontractor will continue to use am throughout the contract period, and the undersigned subcontractor will e of services i satisfaction of such contract only with sub -subcontractors an ffi vit to the subcontractor "Ithe information required by O.C.G.A. § 13-10-91(b). the ersignce s _Contractor I f ward notice of the receipt of an affidavit from a sub - to the contractor thin five (5) Ines days of receipt. If the undersigned subcontractor receives sub-subcontractof has received n of davit from any other contracted sub -subcontractor, the undersigned subcontractor contractor. Subcontractor hereby attes authorization are as follows: Federal Work A Number Nx-C&r' Gln 12, A. Date of Authorization forward, wit in five (5) business days of receipt, a copy of the notice to the that its User identificallion Sp s, I mc, Name of Subcontractor Fire Station 42 Septic Replacement Project Name of Project user identification number and date of I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 7T 2-_1 , 20 ]A in C&AAAPA&i 041. (city), 6 t (state). Si ature o Authorized Officer or Agent ceo Printedmeand Title of Authorized Officer or Agent City of Milton, Georgia &%uuiuua,,,,h SUBSCRIBED AND SWORN BEFORE ME ft Name of Public Employer 0O,'`�g ON THIS THE gR r7— DAY OF Tq�f u V1 r- , 201 cf . �EXP�RES a m June 28, 2019 I Z N AR+PB IC r � My Commission Expires: ��nnknnn�aaa°� LP . 0'1 0 — l 1 TO: &1ILTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 16, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of an Automatic Aid and Mutual Aid Agreement between the City of Milton and the City of Roswell to Provide Supplemental Fire Suppression and Emergency Services for the City of Milton and the City of Roswell. MEETING DATE: Monday, July 22, 2019 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: (41YES () NO CITY ATTORNEY REVIEW REQUIRED: (.-rYES () NO APPROVAL BY CITY ATTORNEY: (1PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2429 0000 info(&dtyofmiltonga.us I www.cityofmiltonga.us V To: Honorable Mayor and City Council Members From: Robert Edgar, Fire Chief Date: Submitted on July 8, 2019 for the July 22, 2019 Regular City Council Meeting Agenda Item: Approval of an Automatic Aid and Mutual Aid Agreement between the City of Milton and the City of Roswell to Provide Supplemental Fire Suppression and Emergency Services for the City of Milton and the City of Roswell _____________________________________________________________________________________ Department Recommendation: Approve the attached Automatic Aid and Mutual Aid Agreement for fire suppression and emergency services between the City of Milton and the City of Roswell. Executive Summary: The Fire Department realizing that many areas of the City of Milton are contiguous to the City of Roswell where an Automatic Aid agreement would be beneficial for both the Cities. Automatic Aid is assistance that is dispatched automatically by a contractual agreement between two fire departments, communities or fire districts. Mutual Aid is assistance that is dispatched, upon request, by the responding fire department. The Automatic Aid agreement would be limited to first response areas outlined in Exhibit A. The Mutual Aid component of this agreement would be based on operational need and limited to available resources. The agreement includes communications interoperability and joint training. Currently, the City of Milton has an Automatic Aid agreement with the City of Alpharetta, eliminating all City boundaries for fire and EMS responses. This proposed agreement between the City of Milton and the City of Roswell will be in addition to that agreement, allowing for additional resources to be available for other calls for service. Page 2 of 2 Additional benefits to this agreement would be the possibility of additional credit from the Insurance Services Office (ISO). Credit is available for engine and ladder companies from outside the fire protection area boundaries and within five (5) road miles of the boundaries. The automatic aid companies must respond under a legal contract or resolution and operate under a predetermined response plan for initial alarms. Funding and Fiscal Impact: Staff is recommending approval of the new Automatic Aid and Mutual Aid Agreement with the City of Roswell. There are no direct costs associated with the agreement. The indirect costs from providing services within their jurisdiction would be balanced out with their response into the City. Alternatives: The City may opt to continue operating without an agreement with the City of Roswell, but the City of Milton will increase its firefighting capabilities without incurring the cost of personnel and equipment. Legal Review: Jeff Strickland, Jarrad & Davis, July 8, 2019 Concurrent Review: Steve Krokoff, City Manager Attachment(s): 1. Automatic Aide Agreement 2. Exhibit A, Map 1 STATE OF GEORGIA COUNTY OF FULTON AGREEMENT OF MUTUAL AND AUTOMATIC AID FOR FIRE AND EMERGENCY MEDICAL SERVICES This Agreement is made and entered into this _____ day of __________, 2019, by and between the City of Roswell, a Georgia municipal corporation, acting by and through its duly elected Roswell City Council (“Roswell”); and, the City of Milton, a Georgia municipal corporation, acting by and through its duly elected Milton City Council (“Milton”). WITNESSETH: WHEREAS, Roswell and Milton are contiguous and share common jurisdictional boundaries; WHEREAS, Roswell and Milton each maintain and staff a fire department for the purpose of providing fire suppression, protection, prevention, and emergency medical services; WHEREAS, Roswell and Milton have determined that it is to the mutual advantage and benefit of each of the parties hereto that they render supplemental assistance in providing local emergency, fire suppression, protection, prevention and emergency medical services to the other party in the event of a fire or other local emergency, and to take part in joint training exercises; and WHEREAS, it is the desire of the parties hereto to enter into this Agreement for mutual aid and first response pursuant to the 1983 Constitution of the State of Georgia Article IX, Section II, Paragraph 3 and Article IX, Section Ill, Paragraph 1. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the parties hereto agree to follow: 2 ARTICLE 1 - TERM OF AGREEMENT This Agreement shall commence as of the date first written above and shall continue until June 30, 2020. This agreement shall automatically be renewed by the parties each year thereafter unless and until such time as written notice of intention not to renew or notice of modification is received by either party within ninety (90) days prior to the expiration of the term of this agreement. ARTICLE 2 - TERMINATION Either party to this Agreement may terminate the agreement by giving not less than ninety (90) days written notice to the other party. Upon the running of ninety (90) days from such written notice, this Agreement shall be terminated. Notice to Roswell should be mailed to: Fire Chief City of Roswell Fire Department 1810 Hembree Road Alpharetta, GA 30009 Notice to Milton should be mailed to: Fire Chief City of Milton Fire Department 750 Hickory Flat Rd. Milton, GA 30004 ARTICLE 3 - LIABILITY There shall be no liability imposed on any party or its personnel for failure to respond to requests for aid. Every employee shall be deemed to be the employee and agent of his/her regular employer, and under no circumstance shall any employee be deemed to be an employee or agent of any entity other than his/her regular employer. All damages or repairs to any equipment or apparatus that occur in the normal operation shall be the responsibility of the party owning such equipment. 3 ARTICLE 4 - COMPENSATION No party under this Agreement will be required to pay any compensation to the other party under this Agreement for services rendered pursuant to this Agreement. The mutual advantage and protection afforded by this Agreement is considered adequate compensation to both parties. Each party to this Agreement shall comply with workers' compensation laws of the State of Georgia without any cost to the other party. Each party shall pay its own personnel without cost to the other party. ARTICLE 5 - RELEASE OF CLAIMS Each of the parties agrees to release the other party from any and all liabilities, claims, judgments, costs or demands for damage to that party's property whether arising directly or indirectly out of the use of any vehicle, equipment or apparatus by the other party during the provision of service pursuant to this Agreement. ARTICLE 6 - INJURIES TO PERSONNEL Any damage or other compensation which is required to be paid to any employee by reason of an injury occurring while their services are being utilized pursuant to this Agreement shall be the sole liability and responsibility of the party regularly employing such person. ARTICLE 7- REQUEST FOR MUTUAL AID ASSISTANCE Each party agrees that the timing of the request for mutual aid is critical to the effectiveness of the assistance being requested. Each party agrees that in order to expedite the response to the request for mutual aid, field officers or dispatch center personnel may make the request for mutual aid as soon as possible and in the most direct manner and that the requesting party's designee may be the incident commander or the officer (or acting officer) on apparatus responding to the incident. 4 When either party determines that it is necessary to request mutual aid, the requesting party or its designee is authorized to make the request in these ways: 1. Via radio directly from the requesting jurisdiction's unit to the dispatch center, or 2. Via telephone directly to the dispatch center. ARTICLE 8 - AUTOMATIC AID ASSISTANCE In addition to the Agreement for mutual aid assistance, the parties shall establish a mutually beneficial response district (the “Automatic Aid Area”) within their jurisdictions up to certain feasible boundary limits. Such Automatic Aid Area is depicted on the map attached hereto marked “Exhibit A” and by this reference incorporated herein. Roswell and Milton agree that the first available and closest unit shall respond to emergency calls for service within the Automatic Aid Area regardless of jurisdiction. The closest unit will be dispatched by the dispatch center for emergency medical services, fire suppression, prevention, protection and rescue services without any request for mutual aid. "Closest unit" will include fire engine/pumpers, ladders trucks, and rescue trucks and/or fire-rescue supervisor. This closest unit response will be referred to as an automatic aid response. Representation from the jurisdiction in which a multiunit incident is taking place will be established on the scene in a timely manner. Command and control in the mitigation of a multiunit incident within their respective jurisdiction will be accomplished by that jurisdiction in a timely manner. Operational command of an automatic aid response will fall under the following criteria: 1. All units at the scene of an emergency incident will be under the command of an Incident Commander. 5 2. Command shall be transferred to the jurisdictional fire department in which the incident is occurring on structure fires, multiple unit responses involving more than one jurisdiction or incidents considered significant by the jurisdiction in a timely manner. 3. It shall be the responsibility of the designated Public Information Officer (PIO) and/or Chief of the Fire Department to disseminate information regarding ongoing incidents or incidents which have occurred in their respective jurisdictions. Fire reports, responding unit reports, and other emergency incident information reporting are the responsibility of the responding agency in the event of single unit responses or multiple unit responses from the same jurisdiction. In the event of multiple unit responses involving both jurisdictions, said data requirements become the responsibility of the jurisdiction within which the incident is located. The Agreement shall in no way impair the ability to provide a minimal level of fire service for either jurisdiction. As the minimum level of resource availability, each jurisdiction shall maintain both local and regional mutual aid agreements with surrounding jurisdictions to facilitate additional resources as may be needed. In addition to provision of automatic aid support through on-duty and on-call personnel and equipment, up to and including reserve apparatus in accordance with NFPA and ISO guidelines, in exceptional circumstances, departments will also be able to access such equipment as necessary to ensure that the minimum level of fire service to both cities is continuous and uninterrupted. Such access is contingent upon coordination with the other jurisdiction's command staff and shall be managed to ensure the continued minimum level of fire service for the automatic aid partner. 6 ARTICLE 9 - QUALITY ASSURANCE To ensure the effectiveness of this Agreement, a committee with designees from Roswell Department of Public Safety, Milton Department of Public Safety, and the 911 Communications Center will meet on a monthly basis to analyze response distributions, discuss any needed Agreement modifications, and share feedback on Agreement performance. This committee shall proactively address any issues which may impact this Agreement and provide valuable information back to its respective departments. ARTICLE 10 - ADMINISTRATION It is agreed that for the purpose of liaison and administration, the Directors of Public Safety shall be jointly responsible. ARTICLE 11 - MISCELLANEOUS This Agreement shall not be construed as, or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. This Agreement shall constitute the entire agreement between the parties, and no modification shall be binding upon the parties unless evidenced in writing and signed by both parties. In the event any part or provision of this Agreement is held to be invalid, the remainder of this agreement shall not be affected thereby and shall continue in full force and effect. This Agreement shall be governed in all respects as to the validity, construction, capacity, performance, or otherwise by the laws of the State of Georgia. [Signature Page Follows] 7 IN WITNESS WHEREOF, the parties set their hands and seals this ____ day of __________________, 2019. ROSWELL, GEORGIA By: _______________________________ ________________________ Lori Henry, Mayor Date ATTEST: By: _______________________________ Print Name: ________________________ Title: _____________________________ MILTON, GEORGIA By: ________________________________ ________________________ Joe Lockwood, Mayor Date ATTEST: By: _______________________________ Print Name: ________________________ Title: _____________________________ 8 EXHIBIT A Automatic Aid Area Map Page is too large to OCR. MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 16, 2019 FROM: Steven Krokoff, City Manager (�) AGENDA ITEM: Approval of a Right of Way and Field Mowing Agreement between the City of Milton and Ashford Gardeners, Inc. MEETING DATE: Monday, July 22, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (-,V'(ES () NO CITY ATTORNEY REVIEW REQUIRED: (11YES () NO APPROVAL BY CITY ATTORNEY. (j,4PPROVED () NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 infoacifyofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Interim Public Works Director Date: Submitted on July 16, 2019 for the July 22, 2019 Regular City Council Meeting Agenda Item: Approval of a Right of Way and Field Mowing Agreement between the City of Milton and Ashford Gardeners, Inc. _____________________________________________________________________________________ Project Description: The city’s annual mowing program includes right of ways on paved and gravel roads and pastures within city properties. Right of way cutting includes the following general requirements: • Horizontal and vertical cutting • Mowing area will be uniform in appearance at a height less than six inches • Debris, trash and litter will be cleaned up before and after mowing • Trimming around all roadside obstacles. Procurement Summary: Purchasing method used: Bid Award-ITB (Over $50,000) Account Number: 100-4101-523850002 Requisition Total: $100,500 (August – December 2019) Vendor DBA: Ashford Gardeners, Inc. Other quotes or bids submitted (vendor/$): Vendor/Firm Quote/Bid Ashford Gardeners, Inc $199,500 Yellowstone Landscape- Southeast, LLC 268,423 Tri Scapes, Inc 203,000 Russell Landscape, LLC 305,320 Financial Review: Bernadette Harvill, July 16, 2019 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, July 8, 2019 Attachment(s): Right of Way and Field Mowing Agreement MILTON ESTABLISHED 2006 RIGHT OF WAY AND FIELD MOWING AGREEMENT THIS AGREEMENT is made and entered into this day of , 20 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City"), and Ashford Gardeners, Inc., a Georgia corporation, (herein after referred to as the "Contractor"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Contractor to provide right of way and field mowing and vegetation control services in one or more Project(s) (defined below); and WHEREAS, Contractor desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Agreement, the Project(s), and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — City Solicitation Documents Exhibit "B" — Contractor Response/Proposal Exhibit "C" — Scope of Work Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit Exhibit "F" — Key Personnel B. The Work. The work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the Project and any approved Work Orders, as defined in Section H. Unless otherwise stated, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Project Scope of Work or applicable Work Orders, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. The Work shall comply with all applicable requirements, standards, conditions and specifications set forth in the City Solicitation Documents, Exhibit "A", and representations in the Contractor Response/Proposal, Exhibit "B", attached hereto and incorporated herein by reference. C. Timing and Term of Agreement. Contractor understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Term") will be from the Effective Date until December 31, 2019. On January 1, 2020, and on January 1 of each following year, this Agreement shall automatically renew for a twelve (12) month Term unless either Party provides written notice of nonrenewal at least thirty (30) days prior to the expiration of the then -current Term. This Agreement shall automatically renew no more than five (5) times, finally expiring on December 31, 2024, and shall not renew if affirmatively terminated by either Party pursuant to Section VII of this Agreement A. The Project. The project contemplated by this Agreement is right of way and field mowing and vegetation control, asset forth in the Project Scope of Work at Exhibit "C", attached hereto and incorporated herein by reference. B. Work Orders. Where services within the Project Scope of Work require specific authorization or direction from the City or where such services would result in additional cost to the City, the City will issue orders ("Work Orders") for performance of the Work. Contractor shall suggest Work Orders to the City when it observes any right of way mowing conditions in need of special attention. All Work Orders shall be in writing and issued by the City's Representative (as defined herein) or his or her delegate, and accepted in writing by the Contractor's Representative (as defined herein) or his or her delegate. Each Work Order shall identify the location and nature of the requested Work and any associated additional charge to the City. C. Supplemental Work. The City may request Work not covered by the Project Scope of Work. Such Work is considered "Supplemental" and subject to additional compensation at the unit prices set forth in Exhibit "B", subject to the spending budget for Supplemental Work as set forth in Section III.A. Each Work Order for Supplemental Work shall specify the expected price of any Supplemental Work. A revised estimate must be approved in writing by the City's Representative before Contractor may exceed any initially -estimated price for the Supplemental Work. The City shall follow its procurement policy in processing Supplemental Work Orders. 2 A. Payment Amount. The total amount paid to Contractor in any Tenn shall be the lump sum price for performing the Project Scope of Work for that Term, plus the sum of all Supplemental Work services provided during the Term at the unit prices set forth in Exhibit "B". During the initial Term (August — December 2019), Contractor shall receive the lump sum price of $85,500.00, in three equal installments for the months of August, September, and October. During the initial Term, the City's representative will have a spending budget for Supplemental Work services of $15,000.00, which budget may not be exceeded without an amendment to this Agreement. During each twelve-month renewal Term (January — December), Contractor shall receive the lump sum price of $199,500.00, in seven equal installments for the months of April through October. During each renewal Term, the City's representative will have a spending budget for Supplemental Work services of $100,000.00, which budget may not be exceeded without an amendment to this Agreement. B. Maximum Payment Amount. The maximum amount that can be paid to Contractor for Work performed and reimbursement for costs incurred during the initial Tenn shall be $100,500.00; and during any renewal Term the maximum amount shall be $299,500.00. In order to increase this amount, the Parties must execute a written amendment to this Agreement. C. Payment 'Perms. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. The lump sum payments for the Project shall be invoiced and paid in monthly installments as set forth in Sub -Section A above. Invoices for Supplemental Work shall be submitted monthly as that Work is performed. Compensation shall be paid to Contractor upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Any material deviations in Work performed compared to Work ordered shall be clearly communicated to City before charges are incurred and necessary changesshall be handled through Work Orders as described in Section Il above. City shall pay Contractor within thirty (30) days after approval of the invoice by City staff. A. Performance Monitoring. City may inspect the timeliness and quality of Contractor's Work at any time. If City notifies Contractor of any improperly -performed Work or late performance of Work, Contractor shall correct the deficiencies at no additional cost to the City. B. Performance Review Meetings; Probation. Representatives for City and Contractor shall meet every three months to review Work performance, at no additional cost to City. In the event of a serious or repetitive deficiency, the City may inform Contractor that it is on Probation status; while on such status, City and Contractor shall meet every month to review performance, at no additional cost to City. Contractor shall remain on Probation status until two successive months of acceptable performance have elapsed. 3 C. Liquidated Damages. Contractor specifically acknowledges that TIME IS OF THE ESSENCE of this Agreement and that City will suffer loss, inconvenience and additional administrative burden if the Work is not completed timely and properly. The City and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed as required. If the City reasonably determines that the Contractor's performance deficiencies have continued during any month while on Probation status, the City shall so inform the Contractor at the next monthly meeting. As liquidated damages for nonperformance (but not as a penalty), the City shall be entitled to 10% of the invoiced bill for the month in question. If, at the end of the Term, the Contractor has spent fewer than three months of the Term on Probation status and is not then on Probation status, the City shall refund any liquidated damages amounts withheld to the Contractor-. This liquidated damages provision shall not take the place of any of City's other contractual rights, including the right to terminate this Agreement for cause. D. Replacement of Unsatisfactory Workers. Contractor shall promptly remove and permanently replace any employee or subcontractor declared by the City to be unsuitable to provide Work under this Agreement, including for reasons of chronic tardiness or absenteeism, improper job attire, unprofessional attitude or behavior, or demonstrated inability or unwillingness to properly perform Work. The City shall have absolute discretion in making this determination, provided it does not act in bad faith. Contractor's failure to comply with this provision will constitute a material breach of this Agreement. a , A. Expertise of Contractor; Licenses, Certification and Permits. Contractor accepts the relationship of trust and confidence established between it and City, recognizing that City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work. Contractor shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Contractor by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Contractor agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Work, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Contractor, including as a result of not meeting the applicable standard of care or quality, will be provided by Contractor at no additional cost to City. B. Budgetary Limitations. Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, 0 Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's profession and industry, Contractor will give written notice immediately to City. C. City's Reliance on the Work Contractor acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Contractor and that, therefore, City bears no responsibility for Contractor's Work performed under this Agreement. Contractor acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be performed under this Agreement. D. Contractor's Reliance on Submissions by City.,Contractor must have timely information and input from City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by City, but Contractor shall provide immediate written notice to City if Contractor knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Contractor's Representative KEITH MILLS shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative, provided that this designation shall not relieve either Parry of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Contractor covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Contractor shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts or omissions Contractor or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Contractor, its subcontractor, anyone directly or indirectly employed by Contractor or subcontractor or anyone for whose acts Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Contractor or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Contractor agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of Contractors, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Contractor. Any provisions of this Agreement that may appear to give City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Contractor agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements Contractor enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Contractor, its agents, 31 representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: 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. (c) Reserved. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Contractor is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Contractor must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, Contractor shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $2,000,000 (two million dollars) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Contractor; self-insured retentions should be included on the certificate of insurance. 7 (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liabili and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, employees, representatives, Contractors, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, leased, or used by Contractor; automobiles owned, leased, hired, or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Contractor to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Contractor's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf" basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of 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 V(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. (5) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder's rate of no less than "A-" and with a financial rating of Class VII or greater. The Contractor shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Contractor shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Contractor is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each 9 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. (7) 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. (8) 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. (9) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment Linder the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (10) 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. (11) ProgressPayments: 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. L. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E- 10 Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period; or (2) Contractor provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing; or (3) If Contractor does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of this Agreement, in accordance with O.C.G.A. § 13-10-91(b)(5) Contractor shall provide a copy of Contractor's state issued driver's license or state issued identification card and a copy of the state issued driver's license or identification card of each independent contractor utilized in the satisfaction of part or all of this Agreement. Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "W', 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, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized 11 aliens on City contracts. By entering into a contract with City, Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Contractor's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Contractor shall be liable for all damages and delays occasioned by City thereby. Contractor agrees that the employee -number category designated below is applicable to Contractor. [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, 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. M. Records, Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Contractor in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Contractor by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety 12 of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Contractor shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a fonnat compatible with City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City or City's representative(s) for examination all Records. Contractor will permit City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Contractor shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's office. Further, Contractor shall permit City or City's representative(s) to observe and inspect any or all of Contractor's facilities and activities during normal hours of business for the purpose of evaluating Contractor's compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. N. Ethics Code; Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Contractor shall immediately notify City. If City determines that a conflict of interest exists, City may require that Contractor take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Contractor when such services were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Contractor and City acknowledge that itis prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -Contractor under a contract to the prime Contractor or higher tier sub - Contractor, or any person associated therewith, as an inducement for the award of a subcontract or 13 order. O. Confidentiality. Contractor acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, Contractors, and/or staff to likewise protect such confidential information. Contractor agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to or discussed with, any individual or organization, including the news media, without prior written approval of City. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. P. Key Personnel. All of the individuals identified in Exhibit 'IF", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor's Project Manager or members of the Project team, as listed in Exhibit "F", without written approval of City. Contractor recognizes that the composition of this team was instrumental in City's decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Contractor's obligations under this Agreement and shall be grounds for termination. Q. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares that it has obtained all necessary approvals of Contractor's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. R. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Contractor ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Contractor may retain a copy of any deliverables for its records. Contractor assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Contractor agrees to 14 execute any additional documents that may be necessary to evidence such assignment. S. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Contractor agrees that, during performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. T. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict-of- interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Consultant, the Consultant's employees, or the Consultant's agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. A. light of Entry. City shall provide right of entry for Contractor and Contractor's materials and equipment required to complete the Work; provided that Contractor shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Roddy Motes shall be authorized to act on City's behalf with respect to the Work as City's designated representative on this Agreement, provided that delivery of official notice to the City must comply with the notice provisions of Section VIII.F. A. For Convenience. City may terminate this Agreement for convenience at_any time upon providing, written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Contractor shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay Contractor within thirty (30) 15 calendar days of Contractor providing City with notice of a delinquent payment and an opportunity to cure. In the event of Contractor's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Contractor at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Contractor fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Contractor for the costs of curing the default against any sums due or which become due to Contractor under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Payment Upon Termination. Upon termination, City shall provide for payment to Contractor for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Project, as determined at the time of termination, not otherwise covered by the remaining unpaid price for the Project. D. Conversion to 'Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VII(A) above. E. Reguirements Upon Termination. Upon termination, Contractor shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Contractor in performing this Agreement, whether completed or in process, in the form specified by City. F. Reservation of Rights and Remedies. The rights and remedies of City and Contractor provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only in a written document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in 16 accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Contractor shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Contractor provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work, and Work Orders, shall be exchanged between City's Representative (named above) for City and Contractor's Representative (named above) for Contractor. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NO'T'ICE TO CI'T'Y shall be sent to: Procurement Manager City of Milton, Georgia 2006 Heritage Walk Milton, GA 30004 17 NOVICE TO CONTRACTOR shall be sent to: Ashford Gardeners, Inc Attn: Ed Whittle 16040 Birmingham Hwy Milton, GA 30004 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City's right to demand exact and strict compliance by Contractor with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Contractor or any successor in interest in the event of any default or breach by City or for any amount which may become due to Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor's performance of services under this Agreement shall not subject Contractor's individual employees, officers, or directors to any personal contractual liability, except where Contractor is a sole proprietor. The Parties agree that, except where Contractor is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Contractor or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, Contractors, servants, agents, attorneys and volunteers. In L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Contractor represents that it has reviewed and become familiar with this Agreement. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure, Neither City nor Contractor shall be liable for its respective non - negligent or non -willful failure to perfonn or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONTRACTOR; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Contractor's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for tennination or exercise of any other remedies available to City at law or in equity. IN WITNESS WHEREOF City and Contractor have executed this Agreement, effective as of the Effective Date first above written. �'"i1►7 x�17�i��7.11 IC�T�c�/ ►`Cl�7rlJ� 19 Attest/Witness: Signature: Print Name: Title: BUSINESS MANAGER Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CONTRACTOR: Asl,�d eners, Inc. Signature: �— _� Print Name: ED WHITTLE - VP Title: President/Vice President (Corporation) [CORPORATE SEAL] (required if corporation) CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 20 [CITY SEAL] EXHIBIT "A" Topic Definitions Invitation to Bid Schedule of Events Bidding Instructions (What must be submitted) Insurance Requirements Qualifications Signature and Certification Corporate Certificate List of Subcontractors Contractor Affidavit and Agreement (eVerify) Disclosure Form Project Specifications Bid Submittal Form Sample Contract Agreement ITB 19-PWO9 2 1 Page b 7 8 12 12 13 14 15 16 25 27 COMPW: City of Milton Public Works Department CY: Cubic Yard GDOT Georgia Department of Transportation ENGINEER: The City of Milton Director of Public Works or a duly authorized representative. ADA: Americans with Disabilities Act EA: Each GAL: Gallon LF: Lineal Feet LM: Lineal Mile LS: Lump Sum SY: Square Yard TN: Ton MUTCD: Manual on Uniform Traffic Control Devices OSHA: Occupational Safety and Health Administration FHWA: Federal Highway Administration AASHTO: American Association of State Highway and Transportation Officials ITB 19-PWO9 3 1 Page MITTONIP ESTABLISHED 2006 Invitation to Bid 19-PW09 The City of Milton is accepting sealed bids from qualified firms for the Right of Way Mowing Services for the Public Works Department. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on June 18, 2019. Sealed bids shall be submitted to: City of Milton Attn: Honor Motes, Purchasing Office, 2006 Heritage Walk Milton, GA 30004. At approximately 2:05 PM Local Time on the day bids are received the bids will be publicly opened and the bidder's name and total bid amount will be read aloud at: City of Milton City Hall, 2006 Heritage Walk, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number (19-PW09) and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD or FLASH DRIVE MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Honor Motes at honor.motes@cityofmiltonga.us. Deadline for questions is June 3, 2019 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about June 6, 2019. Any other form of interpretation, correction, or change to this ITB will not be binding upon the City. It is the bidder's responsibility to check the websites for potential updates. Please refer to Bid (19-PW09) and bid name (Right of Way Mowing Services) when requesting information. Bidders must sign and return any addendum with their ITB submittal. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. ITB 19-PW09 4 1 P 0 a F_ *Important to remember when submitting digital files: 1. Mark all CD's or Flash Drives with Bidder's name and ITB 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 City is unable to open files due to data -corruption, password or encryption error, etc., the Bidder's proposal may be considered incomplete. 4. NOTE: All digital copies must include exactly the same information as provided in the hard copy "Original". ITB 19-Pw09 5 1 Page SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE EVENT ITB Issue Date Deadline for Receipt of Written Questions DATE May 23, 2019 5 PM on June 3, 2019 Posting of Written Answers by City to Websites on or about ITB DUE No Later than 2:00 PM on Tentative Contract Award (on/about) Notice to Proceed (on/about) June 6, 2019 June 18, 2019 July 8, 2019 August 1, 2019 NOTE: PLEASE CHECK THE CITY WEBSITE (hftp://www.cityofmiltonga.us) FOR ADDENDA AND SCHEDULE UPDATES. ITB 19-PW09 6 1 P o g e FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid (Cover Sheet) 1 2 Qualifications Signature and Certification 12 3 List of Subcontractors 13 4 Contractor Affidavit and Agreement (eVerify) 14 5 Disclosure Form 15 6 Bid Submittal Form 25-26 The purpose of this solicitation is to enter into a lump sum "purchasing contract" with one firm to be the primary supplier of the Right of Way Mowing Services, ITB 19-PW09. The term of this Agreement shall commence on or about August 1, 2019 and shall automatically renew, in accordance with the contract documents, each year for an initial term of three (3) years. Upon mutual agreement of both parties the Agreement may be extended on an annual basis for an additional two (2) years. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. Unless clearly shown as "no substitute" or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturer's number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. ITB 19-PW09 7 1 Page The City reserves the right to cancel the contract at any time with 30 days written notice. Title to any supplies, materials, equipment or other personal property shall remain the Contractors' until fully paid for by the City. All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor's expense to the complete satisfaction of the City of Milton with no additional expense to the City. Aylxkrl_�fi The City intends to evaluate the ITB on the lowest, responsible, and responsive bidder. Bids may be found nonresponsive at any time during the evaluation or contract process, if any of the required information is not provided; the submitted price is found to be inadequate; or the proposal is not within the specifications described and required in the ITB. If a bid is found to be non- responsive or non-qualified, it will not be considered further. Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, ITB 19-PW09 8 1 Page representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) Limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor's insurance and shall not contribute with it. ITB 19-PW09 9 1 Page (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) 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) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (b) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor's insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any ITB 19-PW09 10 1 P a g e time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers' Compensation policy. Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not Liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. ITB 19-PWO9 11 1 Page MILTON ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. 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 this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature Date Print/Type Name Print/Type Company Name Here CORPORATE CERTIFICATE I, , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that who signed said bid in behalf of the Contractor, was then (title) of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of This (Signature) day of 20 (Seal) ITB 19-PW09 12 1 Page MILTON ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name:. ITB 19-PW09 13 1 Page TC-) NJIlt ESTABLISI [ED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT" D " 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 Riaht of Way Mowina Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _, 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: ITB 19-PW09 14 1 Page T MILN At ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM 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 bid package when it is submitted. Name of Bidder 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 9 months) by the City of Milton and your relation: ITB I9-PW09 151 " << M1JTC)r\it ESTABLISI IED 2006 PROJECT SPECIFICATIONS Right of Way Mowing: A. General Requirements. 1. The grass cutting program will consist of the following activities: Right - of -Way (ROW), paved and gravel roads, and pastures within City properties. In each instance, the following will be required: a. ROW cutting will be defined as horizontal and vertical. i. The vertical component expectation is to match vertical to horizontal when necessary to increase sight visibility above grade "L" pattern. The intent here is to remove the foliage that interferes with operator when cutting from the shoulder. ii. The vertical component linked with the above expectation may be necessary only once per season. iii. The additional vertical component is associated to sight visibility issues usually greater that 60" above grade to a height of 15', tree limbs or shrubs encroaching into the roadway especially in and around inside curve radii. (Not to exceed 10 directional miles annually). b. Mowing Complete status means the Mowing Limits area will be left uniform in appearance at a height less than six (6) inches after mowers have passed. i. All mowing equipment will use turf tires ii. Damaged r/w due to mowing will be repaired by Contractor c. Clean up all debris, trash and litter, before and/or after mowing for proper disposal in accordance with local, state and federal regulations. Contractor may utilize the 30cy dumpster at the Public Works yard (16050 Old Bullpen Road). d. Trimming around all roadside obstacles, i.e. sign posts, fire hydrants, traffic control boxes, guardrail etc., within the right-of- way. ITB 19-PW09 161 P L, c e. If used, tractors will have a road gear >19 MPH and zero turn type mowers will be transported vs. driving in roadway. The objective is to reduce traffic congestion. 2. As require by NPDES the Contractor shall include with the monthly invoice the applicable sheets "Milton Collectors" and "Unpaved Roads" (enclosed herein) listing the dates and amount of litter/debris removal. 3. The Contractor shall provide a communication link to include (Voice, Text, and Email) for all essential crews, to provide communication between the crews and the city representative. This contact information will be provided to the city representative. 4. The Contractor will notify the city contact, via email, when they enter the city to start the monthly program and upon exit for final review by the city representative. The city representative will determine and confirm the Mowing Complete status. If such status is not granted upon City's review, the Contractor shall bring the mown area(s) into compliance at no additional cost to the City. 5. All debris removed in the execution of any work order or project shall be properly disposed in accordance with all applicable local, state and federal regulations. Debris returned to the Public Works yard area for disposal shall be transferred to the provided 30 cubic yard dumpster immediately. If any question arises about disposal it will be the Contractor's responsibility to notify the City for instructions. Scattering or wasting debris along the right of way or edge of wood lines will not be permitted without prior approval from the city representative. 6. The Contractor shall maintain adequate traffic control for in conformance with current GDOT and MUTCD standards MPart 6 - Temporary Traffic Control while performing all maintenance tasks that require work in the right of way. The Contractor shall provide all ITB 19-PW09 171 P a personal protection equipment for all employees. 7. Contractor shall appoint a Project Lead that may be required to attend staff meetings during mowing season. The Project Lead will be held responsible for quality control of his/her work force. Project Lead shall notify the City via email of roads to be mowed in the upcoming week, and work completed in the prior week. 8. The Contractor will notify the City representative of any rotation of crew members a minimum of one (1) week prior any rotation. The rotation of certified staff with non -certified staff will not be permitted. Key staff members, as identified in the contract documents, may only be replaced as outlined in those documents. The City reserves the right to require the replacement of any team members that the City determines do not meet the minimum educational, training or experience standards expected by the industry, or by their actions and demeanor have failed to display the character and professionalism required by the City. 9. In the event the designated Project Manager terminates employment with the Contractor or is requested by the City to be removed from the role of Project Manager, the position shall be assumed by an individual with equivalent qualifications, experience, and knowledge. Such replacement shall require the City's prior approval. 10. The Contractor shall be solely and completely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to all employees on the work site and other persons including, but not limited to, the general public who may be affected thereby. 11. The Contractor shall not replace the approved Project Manager without written approval of the City, which approval will not be ITB 19-PWO9 18 1 11 a g unreasonably withheld. 1. Paved Roadway (62 centerline miles) - Mow and trim the entire area horizontally to a height less than six (6) inches within the Mowing Limits, and in some areas vertically. The Mowing Limits are defined from curb or edge of pavement to right of way limit (approx. 12' to 20' from edge of pavement), or to natural tree line if applicable, that is not currently being maintained by adjacent land owners. 2. Trim vegetation to a height less than six (6) inches within the Mowing Limits that are inaccessible by Tractor/Zero Turn Mower. This includes trimming in front of, behind, under or around, and beyond roadside obstacles, landscape beds, established/planted trees, shrubs or areas that provide an attractive uniform appearance and difficult terrain areas. 3. Trim vegetation located at, under, or near bridge structures including bridge end rolls and riprap areas within the right of way. a. Trim all vegetation under and around trees greater than three (3) inches caliper (4-1/2 feet above ground) that exists around bridges. b. Trim vegetation on bridge ends and bridge end rolls to the right of way or natural tree line. If trees exist within fifteen (15) feet around or adjacent to the bridge; trim vegetation under and around the trees, or as directed by the City. Continue trimming down slope or upslope to meet the Mowing Limits. 4. Gravel Roadway (13 centerline miles) - Mow and trim the entire area from edge of road to ROW limit (approx. 10'from edge of road) that is not currently being maintained by adjacent landowners. Contractor shall remove all debris that would be scattered from cutting. 5. Mowing operations will begin on or about April 1 of each year and end ITB 19-PWO9 19 1 P a g e on or about October 20 of each year. Begin mowing for each cycle on the first day of the month or on a date approved by the City and complete each cycle by the 20th of the same month. Complete a Mowing Cycle without interruption and before beginning a new Mowing Cycle. 6. Where trails, sidewalk or curb and gutter exist outside of established subdivisions the Contractor shall ensure those areas are edged and maintained. This includes where grass and/or weeds are growing between the curb and gutter and pavement, between the curb and gutter and sidewalk, expansion joints in the curb and gutter and expansion joints in the sidewalk. 7. Signalized Intersections, where islands exist, shall be trimmed and kept free of weeds maintaining a general neat appearance. This includes areas of grass and/or weeds between the curb and gutter and edge of pavement including all expansion joints. Grass islands must be kept to the same standard. C. Pasture and Pocket Park Cutting Contractor shall be responsible for pasture cuttings: ® Birmingham Park (approx. 15.5 acres) ® Pocket Park West (approx. 2 acres), ® Free manvil le/Birmingham Park (approx. 18 acres) This property will require weed control around the exterior up to the right of way and cross fencing; ® This activity shall be coordinated with a Public Works Representative prior to commencement. Properties identified in these sections shall be cut a minimum of twice per year in May and September unless otherwise instructed. Additional cuts requested by the City, as well as additional property acquisitions by the City, shall be charged at the rate established on the bid sheets. ITB 19-PW09 20 1 P to g e Table A.I. Paved Roads MILTON COLLECTORS Date Road Name From To Length Length in # of in Mi. Shoulder Litter Mi. Bags Removed Batesville Rd Bethany Bend Bethany Bend Bethany Bend Bethany Rd Bethany Way Birmingham Rd Birmingham Rd Broadwell Rd Charlotte Rd Cogburn Rd Cogburn Rd Cogburn Rd Cox Rd Deerfield Pkwy Deerfield Pkwy Dinsmore Rd Dorris Rd Ebenezer Rd Francis Rd Freemanville Rd Freemanville Rd Freemanville Rd Green Rd Hamby Rd Haygood Rd Henderson Rd Hickory Flat Rd Hopewell Rd Hopewell Rd King Rd Liberty Grove Rd Birmingham Hwy Hopewell Rd Cogburn Rd SR9 Cumming Hwy Mayfield Rd Haygood Rd SR372 Freemanville Rd Crabapple Rd Mayfield Rd Webb Rd Bethany Bend Alpharetta City Limits SR140 Cumming Hwy Webb Rd Freemanville Rd New Providence Rd Varies Cogburn Rd Providence Rd Birmingham Rd Birmingham Rd Arnold Mill Rd Hopewell Rd Redd Rd Birmingham Rd Birmingham Hwy Cogburn Rd Cogburn Rd Varies 200' East of Traffic Cherokee Co Line Cogburn Rd SR9 Cumming Hwy Morris Rd Haygood Rd Hopewell Rd Freemanville Rd Hopewell Rd City Limits Mid Broadwell Rd Bethany Bend Francis Rd Cogburn/Windward King Rd Webb Rd Alpharetta City Limits Thompson Rd Birmingham Hwy Forsyth County Line Mayfield Rd Providence Rd Mountain Rd Crabapple Rd Forsyth County Line Bethany Rd Freemanville Rd Cherokee County Line Alpharetta City Limits Phillips Rd SR372 (Birmingham Hwy) 1.28 2.56 1.07 2.14 0.42 0.84 1.37 2.74 1.50 3.00 0.68 1.36 0.73 1.46 1.97 3.94 0.35 .070 0.23 0.46 1.41 2.82 1.34 2.68 1.08 0.16 0.69 1.38 0.75 1.50 0.91 1.82 1.70 3.40 1.30 2.60 0.22 0.44 1.54 3.08 1.74 3.48 3.48 6.96 2.05 4.10 0.50 1.00 1.25 2.50 0.49 0.98 1.26 2.52 1.31 2.62 3.67 7.34 4.00 8.00 0.38 .076 0.37 0.74 Lively Rd I Longstreet Rd I Forsyth County Line I 0.28 I 0.56 ITB 19-PW09 21 11' a ,` Longstreet Rd Hopewell Rd Forsyth County Line 1.02 2.04 Mayfield Rd Birmingham Hwy Alpharetta City Limits 0.80 1.60 McGinnis Feng Rd Morris Rd Georgia 400 0.64 1.28 Mid Broadwell Rd Mayfield Rd Charlotte Dr 0.35 0.70 Morns Rd Deerfield Pkwy Webb Rd 0.78 1.56 Morris Rd Webb Rd McGinnis Ferry Rd 0.56 1.12 Mountain Rd Hopewell Rd Freemanville Rd 1.64 3.28 New Bullpen Rd Birmingham Hwy Cherokee County Line 0.78 1.56 New Providence Rd Birmingham Hwy Arnold Mill Rd 3.58 7.16 Phillips Rd Hopewell Rd Mountain Rd 0.60 1.20 Providence Rd Birmingham Hwy Freemanville Rd 0.67 1.34 Providence Rd Freemanville Rd Bethany Rd 0.98 1.96 Providence Rd Bethany Rd Alpharetta City Limits 1.29 2.58 Ranchette Rd Arnold Mill Rd New Providence Rd 0.60 1.20 Redd Rd Hopewell Rd Freemanville Rd 1.11 2.22 Taylor Rd Batesville Rd Birmingham Hwy 1.47 2.94 Thompson Rd Hopewell Rd Redd Rd 2.40 4.80 Thompson Rd Hopewell Rd Francis Rd 1.86 3.72 Webb Rd Cogburn/Windward SR9 Cumming Hwy 0.46 0.92 Webb Rd SR9 Cumming Hwy Deerfield Pkwy 0.40 0.80 Webb Rd Deerfield Pkwy Morris Rd 0.26 0.52 Total Mileage: 62.57 125.14 ITB 19-PW09 22 Table A.2. Unpaved Gravel Roads Date I Road Name Black Oak Rd Brittle Rd Burgess Cir Burgess Dr Christophers Run Clarity Rd Cowart Rd Darby Rd Day Rd Holly Rd King Cir Knox Hill Dr Lackey Rd Land Rd Landrum Rd Lively Rd Louis Rd Nix Rd Old Cogburn Rd Old Dorris Rd Old Holly Rd Old Henderson Rd Phillips Cir Rowe Rd Simmons Hill Rd Spring Falls Rd Summit Rd Sweet Apple Rd Westbrook Rd Westbrook Rd Wood Rd UNPAVED GRAVEL ROADS From I To Hopewell Rd Redd Rd Hopewell Rd Burgess Cir Thompson Rd Hickory Flat Rd Summit Rd Hickory Flat Rd Birmingham Rd SR140 King Rd Birmingham Hwy (SR372) SR140 Hopewell Rd Freemanville Rd Longstreet Rd Freemanville Rd Freemanville Rd Cogburn Rd Birmingham Hwy (SR372) SR140 Henderson Rd Freemanville Rd Hickory Flat Rd Birmingham Hwy (SR372) Birmingham Hwy (SR372) Brittle Rd SR140 Mountain Rd Mountain Rd Phillips Cir Dead End Haygood Rd Thompson Rd Dead End Dead End Cherokee County Line Dead End Rowe Rd Dead End Dead End Dead End Dead End Roswell City Limits Longstreet Rd Birmingham Hwy (SR372) Forsyth County Line Dead End Birmingham Hwy (SR372) Dead End Dead End Dead End Henderson Rd Freemanville Rd Dead End Dead End Dead End Freemanville Rd Ebenezer Rd Cherokee County Line Hopewell Rd Birmingham Hwy (SR372) Length in Mi. 0.28 0.78 0.04 0.35 0.41 0.36 0.07 0.55 0.10 0.29 0.36 0.25 0.53 0.34 0.57 0.18 0.13 0.92 0.16 0.10 0.10 0.30 0.71 0.70 0.14 0.13 0.82 0.46 0.25 1.30 1.42 Length in Shoulder Mi. 0.56 1.56 0.08 0.70 0.82 0.72 0.14 1.10 0.20 0.58 0.72 0.50 1.06 0.68 1.14 0.36 0.26 1.84 0.32 0.20 0.20 0.60 1.42 1.40 0.28 0.26 1.64 0.92 0.50 2.60 2.84 Total Mileage: I 13.10 I 26.20 ITB 19-PW09 23 !' # of Litter Bags Removed E. Pricing for Grass Cutting Provide line item costs in accordance with the requirements of Project specifications. Prices shall be all inclusive with labor, material, and expenses. ITB 19-PW09 24 1 P a g e LTO M IK -T ESTAB LIS 11ED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - (Page 1 of 2) Right of Way Mowing Services The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS AUTHORIZED SIGNATURE PRINT / TYPE NAME TITLE Print Total Bid Price ITB 19-Pwo9 251 P �1 " c MILTON't' ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - (Page 2 of 2) Right of Way Mowing Services Costs should include all labor, materials and equipment necessary to provide the item listed. Right of Way Mowing Services $ LS Supplemental Costs: Item Cost Unit Additional Right of Way Mowing Per Mile Additional Right of Way Mowing * Less than '/2 mile Additional Vertical Mowing Per Mile Additional Pasture/Open Area Cutting Per Acre * Some areas may require ROW mowing with a total area ranging from 150 ft to less than '/2 mile. The pricing ranges above are listed to address those applicable areas. ITB 19-PW09 26 1 P a g e HOW OF' '0NIt 1 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 19-PW09 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: EMAIL ADDRESS: Signature ADDENDUM #1 FAX: Date I I P a g e ITB 19-PW09-Addendum # I ADDENDUM #1 ITB 19-PW09 Questions, Answers and DUE DATE EXTENSION This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: DUE DATE EXTENSION: Responses to this ITB must be received no later than 2:00 p.m. EST on Tuesday, June 25, 2019. Additional questions to this Addendum # 1 must be submitted by 5:00 p.m. on Friday, June 14, 2019. If applicable, Addendum #2 will be posted on Wednesday, June 19, 2019. Questions and Answers 1. After riding all of the gravel roads, it appears as though there would be the need for Vertical mowing on many of them. In the scope discussion, specifically page 16and 19, are we to complete Vertical Mowing each cycle or will that be specified when/where by the city. It will be specified. On page 19, it specifies that vegetation and encroaching plant material should be trimmed away from the guardrails. Is this something that has been added to the current ITB and was not a part of the old RFP, because it doesn't appear to be taking place. Just trying to get a feel for the level of service expected for this specific service. It is and was required each cycle. Zero trimming has taken place in 2019. Concerning the Pasture mowing for the parks; we had trouble discerning & locating all three parks listed. We did find what we think was Freemanville/Birmingham park but were not sure if that is what we were looking at or Birmingham park. Can you please provide more specifics as to the locations because Google doesn't show these based on name alone. Thank you! The specific areas are identified in red on the images below: 2 1 P a ,u k2 ITBI9-PW09-AddenduIII i#1 AWox. 18 Acres Ll Birmingham Park 4. What is expectation for the vertical pruning? Vertical bush hogging that will leave splintered, broken, hanging limbs? Gas shear foliage back slightly? Proper arboricultural pruning with cuts all the way back to branch collars or sufficient lateral limbs? Straight up to 15' height leaving stub cuts? Vertical bush hogging. 5. Should we assume total mileage will need this type of vertical pruning? 10 directional miles per season. The City will provide the areas annually. 6. Would it be possible to break this piece out separately to not skew the mowing #? No. 7. Does the vertical mowing component apply to the gravel roads too? It could if sight visibility becomes an issue. 8. Please clarify what type of weed control, square footage, and boundaries, and frequency of weed control at Birmingham park noted here: TBD by bidder (see images below) o "Freemanville/Birmingham Park (approx. 18 acres) This property will require weed control around the exterior up to the right of way and cross fencing" 51 This area is owned by the City and it is wrapped and cross fenced with 4 board horse -fence. This area will require all of the r/w to be cut and weed control underneath the fencing as noted below. 61Page ITB 19-PW09-Add endLiin # I "The following page replaces Page 2 of the Original Bid Submittal Form" 7 ITB19-PW09- Addend um #I 11 MILTot'�11-111N ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] "This Page Replaces Page 2 of the Original Bid Submittal Form" [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - (Page 2 of 2) Right of Way Mowing Services Costs should include all labor, materials and equipment necessary to provide the item listed. Right of Way Mowing Services $ LS Supplemental Costs: Item Cost Unit Additional Right of Way Mowing Per Mile Additional Right of Way Mowing * Less than '/2 mile Additional Vertical Mowing Per Mile Additional Pasture/Open Area Cutting Per Acre Additional Finish Mowing (Zero Turn) Per Acre One Person String Trimming Per Hour One Person Debris Blowing Per Hour Fertilizer 13-13-13 300# per acre applied Per Acre Applied Lime 1.5 Tons per acre applied Per Acre Applied * Some areas may require ROW mowing with a total area ranging from 150 ft to less than %2 mile. The pricing ranges above are listed to address those applicable areas. 811 ITB 19-PW09-Addendum # I HOME OF' M11TON't FS A511S111 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 19-PW09 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@citvofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #2 Date I I P a g e ITB19-PW09-Addend um #2 ADDENDUM # 2 ITB 19-PW09 This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: Questions and Answers 1. Some parts of the roadways drop off pretty significantly. Is it the City's intent that these are Boom mowed or by weed eating (specifically Freeman Rd)? - For these type areas we will require a minimum of 10' off edge of pavement trimmed flat not necessarily contoured. 2. On the areas that have not been serviced in years, specifically the ROW shoulders, is these areas an addition to previous scope or fall in with the current RFP scope of work? - They fall within the current scope of work. 21Page ITBI9-PW09- Add enduIII #-2 No Text EXHIBIT "B" CITY OF MILTON N41 LT INVITATION TO BID ESTABLISHED 2006 (THIS IS NOT AN ORDER) Bid Number: Project Name: 19-PW09 Right of Way Mowing Services Due Date and Time: Number of Pages: 92 June 18, 2019 Attn: Honor Motes, Purchasing Office Local Time: 2:00pm Special instructions: ISSUING DEPARTMENT INFORMATION Issue Date: May 23, 2019 City of Milton Phone: 678-242-2500 Public Works Department Fax: 678-242-2499 2006 Heritage Walk Website: www.cityofmiltonga.us Milton, GA 30004 INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/ Package: ASHFORD GARDENERS, INC. Bid Number: 19-PW09 City of Milton Name of Company or Firm Attn: Honor Motes, Purchasing Office Bidder FAX Number: Special instructions: 2006 Heritage Walk Milton, GA 30004 Deadline for Written Questions 58-2467733 June 3, 2019 at 5:00 pm BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE Email questions to Honor Motes at honor. motes@ciofmilton o.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: ASHFORD GARDENERS, INC. 16040 BIRMINGHAM HWY MILTON, GA 30004 (Please print na�,,grcinink)25� W 1 M, C �41 L� Bidder Phone Number: Bidder FAX Number: 770-664-1060 770-664-6476 Bidder Federal I.D. Number: Bidder E-mail Address: 58-2467733 INFO@ASHFORDGARDENERS.COM BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE ITB 19-PW09 1 I Page MILTON* ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. 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 this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature, Print/Type Name ED WHITTLE 6/24/2019 Print/Type Company Name Here ASHFORD GARDENERS, INC. CORPORATE CERTIFICATE GEORGE WHITTLE , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that ED WHITTLE who signed said bid in behalf of the Contractor, was then (title) VICE PRESIDENT of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of GEORGIA s 24TH day of JUNE —'20 19 (Seal) (Signature - ITB 19-PW09 12 Page M I LTOilk ESTABLISHED 20U5 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not XXXX , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name ASHFORD GARDENERS, INC. ITB 19-PW09 13 1 Page [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] EXHIBIT" D " 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: 226618 eVerify Number 6/30/2009 Date of Authorization ASHFORD GARDENERS, INC. Name of Contractor Right of Way Mowing Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 24TH JU*19 in MILT(@,), GA (state). Signator of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS TH 24THDAY QEJ NE —201119 6 J NOTARY PRdC [NOTARY SEAL] My Commission Expires ITB 19-PW09 14 1 Page MILTO:J�t ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] DISCLOSURE FORM 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 bid package when it is submitted. Name of Bidder ASHFORD GARDENERS, INC. 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 9 months) by the City of Milton and your relation: ITB 19-PW09 15 1 P a g e MILTO�\11� ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - (Page 1 of 2) Right of Way Mowing Services The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening, that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each Item, delivered to the designated point(s) within the time specified in the Bid Schedule. COMPANY ADDRESS ASHFORD GARDENERS, INC. 16040 BIRMINGHAM HWY, MILTON, GA 30004 AUTHORIZED SIGNATURE PRINT / TYPE NAME TITLE ED WHITTLE VICE PRESIDENT Print Total Bid Price $199,500.00 ITB 19-PW09 251 P a g e At MC')I LTN1- ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - (Page 2 of 2) Right of Way Mowing Services Costs should include all labor, materials and equipment necessary to provide the item listed. Right of Way Mowing Services $ 199,500.00 LS Supplemental Costs: Item Cost Unit Additional Right of Way Mowing $285.00 Per Mile Additional Right of Way Mowing * $140.00 Less than '/2 mile Additional Vertical Mowing $300.00 Per Mile Additional Pasture/Open Area Cutting $150.00 Per Acre * Some areas may require ROW mowing with a total area ranging from 150 ft to less than '/2 mile. The pricing ranges above are listed to address those applicable areas. ITB 19-PW09 261 P i M,1 LTON* SIMI Ylt. ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 19-PW09 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: -b WRA "C,gcCS IAIC, CONTACT PERSON: a w-rn ADDRESS: 100 LP_/'Irgf*M'i Nq CITY: MIL+ W STATE: (;A ZIP: 3Doa4 PHONE: 1.10 44b Wo FAX: -7-7a b �o �7 EMAIL�f�1, CA�t bkil,i Signature Date ADDENDUM #1 1 P a g e I7 B 19-P W09 -Addendum # I MILTON ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] "This Page Replaces Page 2 of the Original Bid Submittal Form"* [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] Bid Submittal Form - (Page 2 of 2) Right of Way Mowing Services Costs should include all labor, materials and equipment necessary to provide the item listed. Right of Way Mowing Services $ 199,500.00 LS Supplemental Costs: Item Cost Unit Additional Right of Way Mowing $285.00 Per Mile Additional Right of Way Mowing * $140.00 Less than t/z mile Additional Vertical Mowing $300.00 Per Mile Additional Pasture/Open Area Cutting $150.00 Per Acre Additional Finish Mowing (Zero Turn) $285.00 Per Acre One Person String Trimming $ 50.00 Per Hour One Person Debris Blowing $ 50.00 Per Hour Fertilizer 13-13-13 300# per acre applied $230.00 Per Acre Applied Lime l .5 Tons per acre applied $230.00 Per Acre Applied * Some areas may require ROW mowing with a total area ranging from 150 ft to less than %2 mile. The pricing ranges above are listed to address those applicable areas. sli'u� I'FBI 9-PW09- Addend Lim F M 1 LION ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 19-PW09 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Honor Motes, Purchasing Office 2006 Heritage Walk Milton, GA 30004 Phone: 678-242-2500 Fax: 678-242-2499 Email: honor.motes@cityofmiltoncia.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME:�Akd> CW1W1( CONTACT PERSON: 4J*7 " j ADDRESS: ! 6v o & eH1 &9&iit 'J "" y CITY: kol STATE: 64 ZIP: 3 "41� PHONE: 'JVD �(,'6�'--�ti�o FAX: EMAIL AD E Signature ADDENDUM #2 6/ 9 Date IIPn—t. ITB l9-PW09- Add end um z EXHIBIT "C" See Exhibit "A" Project Specifications section. EXHIBIT "D" STATE OF GEORGIA COUNTY OF FULTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 226618 Federal Work Authorization User Identification Number 6/30/2009 Date of Authorization Ashford Gardeners, Inc. Name of Contractor Right of Way Mowing; Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on JULY 10 , 20 � 9in MILTON (city), GA (state). Signature of Authorized Officer or Agent ED WHITTLE - VICE PRESIDENT Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 10TH DAYOF JULY , 2019 . &J NOTARY PUB [NOTARY SEAL] �•``0GHWE i11��i S � r My Commission Expires: sr ` 4/24/2022 " �' •� C7 dO I. PUS ��G�)•'•4pRll4&' ��,ION COUNT'�%% STATE OF COUNTY OF h�: N/A 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 Ashford Gardeners, Inc. on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Right of Way Mowing Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 in (city), (state). Signature of Authorized Officer or Agent Printed. Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF .20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: EXHIBIT "F" The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: [INSERT KEY PERSONNEL BELOW] Individual KEITH MILLS ADOLFO REYES DIEGO TINAURE ADRIAN ACOSTA ALVAREZ Position Project Manager CREW CHIEF W -WI CREW MEMBER MItTON'll ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 16, 2019 FROM: Steven Krokoff, City Manager ) AGENDA ITEM: Approval of an Intergovernmental Agreement between Fulton County, Georgia and City of Milton, Georgia for Freemanville Road and Providence Road Roundabout Project MEETING DATE: Monday, July 22, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ((PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,J4ES () NO CITY ATTORNEY REVIEW REQUIRED: (J -'(ES () NO APPROVAL BY CITY ATTORNEY: (411<1pPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0 712' ! 20 l� 2006 Heritage Walk Milton, GA P: 678.242.25001 F. 678.242.2499 info&dtyofmiltonga.us I www.dtyofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Interim Public Works Director Date: Submitted on July 16, 2019 for the July 22, 2019 Regular City Council Meeting Agenda Item: Approval of an Intergovernmental Agreement Between Fulton County, Georgia and City of Milton, Georgia for Freemanville Road and Providence Road Roundabout Project _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The intersection improvement at Freemanville Road and Providence Road shifted the roadway alignment that caused the placement of new pavement/travel lane over the existing water line locations. Fulton County reviewed the project and requested water line relocation to be included in the city’s construction project. This IGA provides for the city roadway project contractor to adjust and relocate the county’s facilities in an economical and efficient manner without disruption to the project construction. Funding and Fiscal Impact: The IGA provides for Fulton County to fund the water line relocation portion of the project. Alternatives: None Legal Review: Sam VanVolkenburgh – Jarrard & Davis (3/26/19) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Intergovernmental Agreement INTERGOVERNMENTAL AGREEMENT BETWEEN FULTON COUNTY, GEORGIA AND CITY OF MILTON, GEORGIA FOR Freemanville Rd. And Providence Rd. Roundabout Project THIS INTERGOVERNMENTAL AGREEMENT ("IGA") is executed as of day of 20_, by and between the CITY OF MILTON, GEORGIA ("City" or "City of Milton"), a municipality of the State of Georgia, and FULTON COUNTY GEORGIA ("County" or "Fulton County"), a political subdivision of the State of Georgia. The term "Party" refers individually to either City of Milton or Fulton County and the term "Parties" refers to both City of Milton and Fulton County. WHEREAS, the City has undertaken a project to improve the intersection of Freemanville Rd and Providence Rd. (hereinafter, "Project") through its competitive bidding procedures; and WHEREAS, the County has the following utility (Water) facilities which must be adjusted or relocated as a result of the proposed contract: The facilities include fire hydrant, water main, water meter and valve boxes, as shown on construction plans for the Project; and WHEREAS, the County does not have adequate equipment and staff to adjust its facilities or for other reasons considers it advantageous to have this work included in the City's construction contract; and WHEREAS, the Constitution of the State of Georgia provides, in Article IX, Section III, Paragraph I, Subparagraph (a), that any county or municipality of the State of Georgia may contract for any period not exceeding 50 years, with each other or with any other public agency, public corporation, or public authority for the provision of services, or for the joint or separate use of facilities or equipment when such contracts deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide; and WHEREAS, the County and City desire to enter into an IGA wherein the City, through its Contractor, can adjust and relocate the County's facilities in a more economical and efficient manner without disruption to the Project and WHEREAS, as consideration for the City's relocation work, County will reimburse the relocation cost to the City; and WHEREAS, the County and City have determined that this IGA serves the best interest of all parties and their citizens by the improvement of public infrastructure. NOW THEREFORE, incorporating the foregoing recitals, and in consideration of the mutual promises, covenants and undertakings of the parties hereinafter set forth, and for the public purposes herein contained and provided for, the County and the City covenant, agree and bind themselves as Page 1 of 10 Packet Page -361- follows: I. PURPOSE. This IGA is entered into with the understanding by the Parties that the primary purpose of this IGA is for the Parties to meet the public purpose of transportation and infrastructure improvements including water. II. COMPENSATION AND PAYMENT. The total estimated cost of work contemplated under this IGA is $302,558.17 (Three Hundred Two Thousand Five hundred Fifty Eight dollars and Seventeen Cents). This $302,558.17 amount shall be the total Fulton County contribution to the work contemplated under this IGA and is the maximum amount of Fulton County's obligation under this IGA, unless the IGA is amended by the parties. It is agreed that the compensation hereinafter specified includes both direct and indirect costs incurred in the performance of this IGA under generally accepted accounting principles and as allowed in the Federal Acquisition Regulations Subpart 31.6 and not prohibited by the laws of the State of Georgia. Should either party, pursuant to the provisions of this IGA, terminate the work under this TGA, the performing party/s shall be paid for the percentage of work completed at the point of termination, in addition to any just claims by the performing party/s. III. OVERVIEW. The Project contemplated by this IGA consists of: (i) Constructing the waterline relocation for the Freemanville Rd. and Providence Rd Intersection Improvements. Upon completion of the work and upon certification by the City's and County's Engineers that the work has been completed in accordance with the plans and specifications, the County will accept the adjusted and additional facilities and will thereafter operate and maintain said facilities without further cost to the City or its contractor. IV. FULTON COUNTY RESPONSIBILITIES. 1. County agrees that the Project design is accurately shown in the plans and specifications attached hereto as Exhibit A. 2. The County shall have the right to visit and to inspect the work at any time and to advise the City's Engineer -in -Charge of any observed discrepancies or potential problems. 3. The County shall respond, in a timely manner, to any issue that may arise during the construction phase. Every effort shall be made not to delay the contractor under any circumstances. 4. The County is responsible to reimburse all material and labor costs to the City related to specified utility relocations for this Project that are completed to the reasonable satisfaction of the County in accordance with the plans and specifications. The reimbursement shall be based on the actual construction costs and shall be paid by the County within fort -five (45) days after request by the City. Page 2 of 10 Packet Page -362- F.'s 5. The County shall be responsible to assure that all utility work is accomplished in accordance with the plans and specifications. V. CITY OF MILTON'S RESPONSIBILITIES. 1. The City shall undertake the contracting and assume responsibility for its management and completion. 2. All work, necessary for the adjustment or relocation of the described utilities in accordance with the final plans shall be included in the contract and let to bid by the City. 3. All construction, engineering and contract supervision shall be the responsibility of the City. The City shall consult with the County before authorizing any changes or deviations which affect the County's facilities. 4. The City shall respond, in a timely manner, to any issue that may arise during the construction phase. All efforts shall be made not to delay the contractor under any circumstances. VI. ADDITIONAL UNDERSTANDINGS. The Parties to this IGA have mutually acknowledged and agreed to the following: 1. The Parties shall work together in a cooperative and coordinated effort, and in such a manner and fashion to bring about the achievement and fulfillment of the goals and objectives of this IGA. 2. It is not the intent of this IGA to restrict the Parties to this IGA from their involvement or participation with any other public or private individuals, agencies or organizations. 3. It is not the intent or purpose of this IGA to create any rights, benefits and/or trust responsibilities by or between the Parties. 4. This IGA shall in no way hold or obligate either Party to supply or transfer funds to maintain and/or sustain the IGA or keep in place any contract, except as specifically provided in this IGA. VII. TERM. This IGA shall be effective upon execution by both Parties and continue until completion of the Project and full reimbursement for the cost of the work by the County, unless the IGA is terminated by either Party, and in no event shall exceed a fifty (50) year term. The parties may agree to amend this IGA at any time. VIII. TERMINATION. Anything contained herein to the contrary notwithstanding, either Party may terminate the IGA: 1. If the other Party commits a material breach of the IGA and fails to cure said breach to the non -breaching Party's satisfaction after receiving thirty (30) days written notice; or Page 3 of 10 Packet Page -363- 2. Without cause, if the terminating party gives ninety (90) days prior written notice to the other Party. IX. RESPONSIBILITY FOR CLAIMS AND LIABILITY. It is hereby stipulated and agreed between the parties that, with respect to any claim or action brought by a third panty and arising out of the activities described in this IGA or stems from any matter arising out of any actual or alleged infringement of any patent, trademark, copyright, or service mark, or other actual or alleged unfair competition disparagement of product or service, or other tort or any type whatsoever, or any actual or alleged violation of trade regulations, each party shall only be liable for payment of that portion of any and all liability, costs, expenses, demands, settlements, or judgments resulting from the negligence actions or omissions of its own agents, officers, and employees. Either party may self -fund its obligations under this IGA. However, nothing herein shall be construed as a waiver of any party's sovereign immunity or the immunities available to the officials, officers and employees of the parties City of Milton shall ensure that any contractor retained or selected by City of Milton to provide services related to the work contemplated in this agreement shall agree to indemnify and hold harmless Fulton County as well as Fulton County's commissioners, officers, officials, employees, and agents, from and against any and all loss and/or expense which they or any of them may suffer or pay as a result of claims or suits due to, because of, or arising out of any and all such injuries, deaths and/or damage, irrespective of Fulton County's negligence (except that no party shall be indemnified for their own sole negligence). Any contractor retained by City of Milton, if requested, shall assume and defend at the contractor's own expense, any suit, action or other legal proceedings arising there from in which Fulton County, and/or Fulton County's commissioners, officers, officials, employees, and agents, are named as a party, and the contractor must agree to satisfy, pay, and cause to be discharged of record any judgment which may berenderedagainst Fulton County, and/or Fulton County's commissioners, officers, officials, employees, and agents, arising therefrom. City of Milton shall ensure that the provisions of this Article are included in all contracts and subcontracts. X. INSURANCE. Prior to beginning work, City shall obtain and, where City is utilizing the services of a contractor to carry out the work, shall also cause its contractors to obtain and furnish certificates of insurance for the following minimum amounts of insurance prior to the undertaking of any of the activities contemplated under this IGA, as applicable: i. Workmen's Compensation Insurance in accordance with the laws of the State of Georgia. ii. Public Liability Insurance in an amount of not less than one hundred thousand dollars ($100,000) for injuries, including those resulting in death to any one person, and in an amount of not less than three hundred thousand dollars ($300,000) on an account of any one occurrence. Where City of Milton is utilizing the services of a contractor to carry out the work, it shall also cause its contractors Page 4 of 10 Packet Page -364- to obtain and furnish certificates of insurance in which Fulton County is named as an "Additional Insured." iii. Property Damage Insurance in an amount of not less than fifty thousand dollars ($50,000) from damages on account of any occurrence, with an aggregate limit of one hundred thousand dollars ($100,000). Insurance shall be maintained in full force and effect during the life of this IGA and until final completion of the work contemplated under this IGA. The scope and coverage of the insurance protection shall extend beyond the completion of the Project until the expiration of any applicable statutes of limitations. City shall retain the right to satisfy any or all of its insurance obligations under this IGA by means of a Self -Funded Plan or Program. Nothing herein shall be construed as a waiver of either party's sovereign immunity as a governmental body, or waiver of any governmental immunities available to its officers, officials, employees or agents. XI. CONFIDENTIALITY. The City agrees to establish appropriate administrative, technical, and physical safeguards to ensure that it does not provide and make available confidentiality, protected, proprietary or privileged data in the System. The City agrees to abide and comply with all applicable laws, rules and regulations relating to privacy and confidentiality of protected information. XII. REPRESENTATIONS REGARDING DATA. Each Party has made its best efforts to ensure the accuracy and completeness of the information and data transferred or made available through the performance of the IGA. Each Party makes no warranties or representations to the public, to the other Party or to third parties regarding data made available through the performance of the IGA. It shall be the responsibility of each Party or any third party to verify the accuracy of data. Each Party to this IGA accepts no liability that may arise from the use of data by any person or any third party. All information is provided "as is" with no warrantee of any kind concerning fitness of use. No Party to this IGA shall be liable for the use of data or any inferences, judgments, or decisions resulting from use of data. XIII. TIME OF PERFORMANCE. Time is of the essence in all matters pertaining to this IGA. The City shall perform its responsibilities under this IGA, commencing on receipt of written "Notice to Proceed" from Fulton County, shall complete the Project (based on the construction time). XIV. REVIEW OF WORK. Page 5 of 10 Packet Page -365- Authorized representatives of Fulton County may at all reasonable times review and inspect the activities and data collected under the terms of this IGA and any amendments thereto, including but not limited to, all reports, drawings, studies, specifications, estimates, maps and computations prepared by or for the City . Fulton County reserves the right for reviews and acceptance on the part of affected public agencies, railroads and utilities insofar as the interest of each is concerned. Acceptance shall not relieve the City of its professional obligation to correct, at its expense, any of its errors in the work. Fulton County's review recommendations shall be incorporated into the work activities of the City. The City shall keep accurate records in a manner approved by Fulton County with regard to the activities conducted under this IGA and submit to Fulton County upon request, such information as is required in order to ensure compliance with this agreement. Xv. MISCELLANEOUS. A. Entire Agreement; Counterparts. This IGA may be executed by the Parties in counterparts, each of which shall constitute an original. This IGA, including the attached exhibits, sets forth the entire understanding between the Parties pending the execution of the Agreement, and supersedes all previous agreements and understandings between them, oral or written, and may be amended only in a document executed by both Parties. No amendment, modification, termination, or waiver of any provision of this IGA, nor consent to any departure by the Parties, shall in any event be effective unless the same shall be in writing and signed by Fulton County and City, and then such waiver or consent shall be effective only in the specific instance and fbr the specific purpose for which given. B. Governing Law. This IGA and the Parties`' rights and obligations hereunder, shall be governed by, and construed and enforced in accordance with, the laws of the State of Georgia, without regard to its conflict of laws rules. C. Limitation on liability. No rights or limitation of rights shall arise or be assumed between the Parties as a result of the terms of this IGA, Nothing herein shall be construed as a waiver of any Party's sovereign immunity. D. Representations and Warranties of the Parties. In furtherance of the public purposes of this IGA, Fulton County and City hereby represent and warrant to each other (which representations and warranties shall be deemed independently material notwithstanding any prior inquiries) the following: Authority. Each Party hereto expressly represents and warrants that (i) it has the power to make,, deliver and perform this IGA, and has taken all necessary action to authorize the execution; delivery and performance of this IGA; (ii) this IGA when executed will constitute the valid obligations with respect to it legally binding upon the same and enforceable in accordance with the terms Page 6 of 10 Packet Page -366- hereof; and (iii) no further consent or approval of any other Party not specifically mentioned herein is required in connection with the execution, delivery, performance, validity and enforcement of this IGA. Without limiting the generality of the foregoing, each Party hereby expressly acknowledges and represents that it has officially adopted and otherwise approved this IGA at a meeting of its governing authority in accordance with the Constitution and laws of the State of Georgia, to include, without limitation, the Georgia Open Meetings Act, O.C.G.A. 50-14-1 et seq. 2. Public Purpose. This IGA and the services contemplated herein are for the public welfare and benefit and are undertaken in accordance with the laws and Constitution of the State of Georgia. Without limiting the foregoing, the parties specifically and expressly warrant and represent, and do hereby find, that this IGA (i) pertains to the provision of services and activities which the Parties are by law authorized to undertake and provide; (ii) is otherwise authorized under the Intergovernmental Contracts Clause of the Georgia Constitution of 1983, Art. IX, Sec. III, Par. 1(a) (iii) does not authorize the creation of new debt" as contemplated by Ga. Const. of 1983, Art. IX, Sec. V. Par. I(a); and (iv) does not violate O.C.G.A. § 36-30-3(a) or otherwise prevent fee legislation by any Party in matters of government, and shall be binding and enforceable against the Parties and their successors during the term hereof in accordance with its terms. E. No Conflicting Agreements, The execution, delivery and performance of this IGA will not violate or contravene any contract, undertaking, instrument or other agreement to which Fulton County and/or the City are a Party or which purport to be binding upon said parties. Furthermore, the execution, delivery and performance of this IGA does not violate the provisions of any Party's respective charter or Code of Ordinances, or any statutory or decisional laws of the State of Georgia respecting similarly situated municipal corporations or political subdivisions of said State (as the case may be). The representations and warranties contained in this section shall be true and correct as of the date hereof and such representations and warranties, and the obligation of Fulton County and the City to perform their respective obligations under this IGA shall be expressly conditioned upon said representations and warranties being true and correct on the date hereof. Furthermore, each Party hereto specifically acknowledges and agrees that they shall be forever estopped from making any claim, counterclaim, assertion, or other argument of any kind contrary to the representations and warranties set forth hereinabove or otherwise contained in this IGA. F. Assignment; Binding Effect. The rights and obligations of the Parties under this IGA are personal and may not be assigned without the prior written consent of Fulton County and the City. Subject to the foregoing, this IGA shall be binding upon and enforceable against, and Page 7 of 10 Packet Page -367- F'K shall inure to the benefit of, the parties hereto and their respective successors and permitted assigns. G. No Third -Party Beneficiaries. This IGA is made between and limited to Fulton County and the City, and is not intended, and shall in no event be construed to be, for the benefit of any person or entity other than Fulton County and the City, and no other person or entity shall be considered a third -party beneficiary by virtue of this IGA or otherwise entitled to enforce the teens of this IGA for any reason whatsoever. H. Exhibits. Each and every exhibit referred to or otherwise mentioned in this IGA is attached to this IGA and is and shall be construed to be made a part of this IGA by such reference or other mention at each point at which such reference or other mention occurs, in the same manner and with the same effect as if each exhibit were set forth in full and at length every time it is referred to or otherwise mentioned. 1. Relationship of Parties. Notwithstanding anything in this IGA to the contrary, neither Party shall have the power to bind nor obligates the other Party except as expressly set forth in this IGA. Survival of Representations. All terms, conditions, covenants, warranties contained in any determination of this IGA shall survive the termination of this IGA until amended by the applicable governing authority. K. Notices. Any notice or communication required or permitted under this IGA shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the following addresses: To Fulton County: David E. Clark Director Department of Public Works 141 Pryor Street, S.W., Suite 6001 Atlanta, Ga 30303 Copy to; County Attorney Office of the County Attorney 141 Pryor Street, S.W., Suite 4038 Atlanta, Ga 30303 Page 8 of 10 Packet Page -368- To City of Milton: Sara Leaders Director City of Milton Public Works 2006 Heritage Walk Milton, GA 30004 Copy to: Jarrard & Davis, LLP 222 Webb Street Cumming, GA 30040 L. Severability Clause. In the event that any provision of this IGA shall be deemed to be severable or invalid, and if any term, condition, phrase or portion of this IGA shall be determined to be unlawful or otherwise unenforceable, the remainder of the IGA shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this IGA to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. [SIGNATURES FOLLOW ON NEXT PAGE] Page 9 of 10 Packet Page -369- # 19-0438 IN WITNESS WHEREOF, the Parties, by and through their duly authorized representatives, have executed this IGA to be effective as of the date first set forth above. CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor Attest: By: City Clerk Approved as to Form: By: City Attorney FULTON COUNTY, GEORGIA By: Robert L. Pitts, Chairman Board of Commissioners Attest: By: Jesse A. Harris Clerk to the Commission Approved as to Form: By: : , �� County Attorney Page 10 of 10 Packet Page -370- Exhibit A m =eo nn �mN o�?a m 00•F01 00,901 / .1 J C J =�ull�N s� =amu m3 O„ � I-------- m 00•F01 n H� k4 Si�¢ U I�WW W six In �6U WNL 1 V � rbc 1 W Ig! o 'Lfl Ln O I- 1_ m I- Q Q t0 J Q j a y 2 W 7 I YI 1 � =�ull�N r n H� k4 Si�¢ U I�WW W six In �6U WNL 1 V � rbc 1 W Ig! o 'Lfl Ln O I- 1_ m I- Q Q t0 J Q j a y 2 W 7 I YI 1 � C: iz 7 - C4@¥�Al % ) —§ !•A# :� . i W Vi o I' <W ti 4 ><Z -O t Z; OiCW i m W z ¢ C I aU � Y a .^r Q «_h: Naaa C wv�e �� +�a mz i W Vi o I' <W ti 4 ><Z -O t Z; OiCW i m W z ¢ C I aU � Y 00.60F 1j1 rl ii 1 1 r 1 LU LL q 1 III 1' 1 h� zzW 4 ti m Wig C \ v - B 1 1 I I I 1 C 2 W W SiC �ytiy TWWO ' 00.60F 1j1 rl ii 1 1 r 1 LU LL q 1 III 1' 1 h� zzW 4 ti m 1 I 1 I Y 1 1 I I I 1 13 I �ytiy TWWO ' 111 1 { I 1 11 1 I - r ;• 1 a�{ud I 1 W m; - I I 1 1 d I , N� F000 I lZi • 1 �•�(( 1' �i W I O i N!Y O� oc4i� SOU a + 1' ; I e HI I i� ;:I ;:i �,ittttt000CC11111I x ' 1' :Y j i•'II Ilutiil r iks. , rt ��I�:i 'I• II' Nil I;11 rj: It ..F '1 I II 11 i i 1191 ii ' ,n * QO ' I I 11 i I'II U�Z -i i i ti i-i•:-..� IIID � �aaa X. 00 'I 1 1 I ti � LU LL q 3 � h� zzW 4 ti m oW •-�3 � J �ytiy TWWO ' U UO �Nm o Z NWS - \ •cam -71 'I LU - 16 9gen .;I - \ •cam Iry " :k '' "' , N� F000 -6Z �p�yN i N!Y O� oc4i� SOU a + -71 'I - 16 9gen .;I - \ •cam Iry " :k '' "' , N� F000 -6Z 9M/M'NO 335 /lJIq -71 TO: FROM: MILTON, r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 16, 2019 Steven Krokoff, City Manager 0 AGENDA ITEM: Approval of the Mayfield Road Regional Storm Water Management Facility Use Agreement between the City of Milton, Stan W. Sparrow and Taylor Morrison of Georgia, LLC. MEETING DATE: Monday, July 22, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (r,YAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,IVES () NO CITY ATTORNEY REVIEW REQUIRED: (.ES () NO APPROVAL BY CITY ATTORNEY: (�IAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: i71 vZI «1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoecityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Interim Public Works Director Date: Submitted on July 16, 2019 for the July 22, 2019 Regular City Council Meeting Agenda Item: Approval of the Mayfield Road Regional Storm Water Management Facility Use Agreement Between the City of Milton, Stan W. Sparrow and Taylor Morrison of Georgia, LLC _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The Mayfield Road Regional Storm Water Management Facility will, once improved by Taylor Morrison, satisfy all requirements of a regional facility to be available as an off-site storm water facility to developments that will tie into the system through infrastructure installed by the city’s Charlotte Drive Extension roadway project and Taylor Morrison’s Lakeside at Crabapple development project. This agreement includes sections on the storm water management design, plans, permits and legal matters associated with the use of the facility. Funding and Fiscal Impact: None Alternatives: None Legal Review: Jeff Strickland – Jarrard & Davis (4/5/19) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Regional Storm Water Management Facility Use Agreement – Stan W. Sparrow After recording, please return to: Jeff M. Strickland, Esq. Jarrard & Davis, LLP 222 Webb Street Cumming, Georgia 30040 Cross References: Deed Book 55759, Page 50 Deed Book 13390, Page 113 STATE OF GEORGIA COUNTY OF FULTON MAYFIELD ROAD REGIONAL STORM WATER MANAGEMENT FACILITY USE AGREEMENT THIS MAYFIELD ROAD REGIONAL STORM WATER MANAGEMENT FACILITY USE AGREEMENT ("Agreement") made this day of , 2019, by and between the CITY OF MILTON, a Georgia municipal corporation ("City"), and STAN W. SPARROW ("Owner"), and TAYLOR MORRISON OF GEORGIA, LLC, a Georgia limited liability company ("Developer"), is made under and shall be construed according to the laws of the State of Georgia. Reference herein to City, Owner, or Developer shall include their successors and assigns. WITNESSETH WHEREAS, Developer is the owner of certain real property located in Land Lots 1099, 1100, 1133, and 1134, Second District, Second Section, City of Milton, Fulton County, Georgia; made up of the following current Fulton County Tax Assessor parcel numbers: 22-416011001031, 22-416011001023, 22-416011000660, 22- 416111340388, 22-416111340370, and 22-416111340107; totaling approximately 15.85 acres, as legally described in those certain Limited Warranty Deeds recorded at Deed Book 55759, Page 50; Deed Book 58862, Page 5; and Deed Book 59962, Page 9, in the Fulton County Superior Court Clerk Real Property Records; and as described as Developer Parcel on the map attached hereto marked Exhibit A, incorporated herein by this reference ("Developer Parcel"); and WHEREAS, Owner is the owner of certain real property located in Land Lot s1133 and 1134, Second District, Second Section, City of Milton, Fulton County, Georgia; made up of the following Fulton County Tax Assessor parcel number: 22-416111340420, 22-416111340438, and 22-416111340446; as legally described in that certain Warranty Deed recorded at Deed Book 13390, Page 113, in the Fulton County Superior Court Clerk Real Property Records; and as shown on Exhibit A marked "Owner Parcel"; and WHEREAS, Developer Parcel and Owner Parcel are subject to federal, state and local laws, rules, and regulations ("Applicable Laws"), including but not limited to the City's Code of Ordinances ("Code"), Chapter 20 (Environment), Article IV (Storm Water Management) and Article VI (Soil Erosion, Sedimentation and Pollution Control); and Chapter 64 (Zoning), Article XIX (Crabapple Form -Based Code); and WHEREAS, as part of the City's storm water management program, the City requires that all new developments provide for storm water management, which may include, for example, but not limited to: drainage easements, detention ponds, retention ponds, storm sewers, and other storm water management infrastructure ("Storm Water Facilities") as may be necessary to manage the storm water issues resulting from the impervious surfaces created by the respective development; and WHEREAS, pursuant to the Code, future development of Owner Parcel will require applications, plans and other information to be submitted to the City for review and approval ("Plans"); and WHEREAS, as part of the Plans, Owner's Storm Water Management Plan shall provide for storm water management infrastructure to collect and route storm water from Owner Parcel through a drainage easement across Developer Parcel and into a detention pond located on Developer Parcel which easement and detention pond have capacity for the storm water drainage from Owner Parcel as well as other parcels near Developer Parcel; and WHEREAS, the drainage easement and detention pond on Developer Parcel shall only be used for storm water quantity detention purposes and water quality shall be addressed by Owner in accordance with all Applicable Laws before any storm water drains from Owner Parcel; and WHEREAS, Owner and Developer acknowledge that this Agreement shall run with the land to be binding upon Owner and Developer and their respective successors and assigns; and WHEREAS, Developer and City have entered into a separate agreement whereby Developer has agreed to convey a five -acre parcel, to include the detention pond, as dedicated civic space to the City, following certain required improvements to be made by Developer, and City will thereafter manage the detention pond as the Mayfield Road Regional Storm Water Management Facility. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and in consideration of One Dollar ($1.00) and other good and valuable consideration mutually exchanged this date between the parties hereto, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: Section 1. Storm Water Management Design, Plans and Permits 1.1 Storm Water Management Design, Regional Facility Access, Plans, Permits and Fees In accordance with the Code, Section 20-290(a) provides that storm water may be managed through regional facility in lieu of onsite management. The City acknowledges that the Mayfield Road Regional Storm Water Management Facility will, once improved by Developer, satisfy all requirements of a regional facility to be available to Owner as an off-site facility as such terms are defined in Code Section 20-238. Prior to any future development of Owner Parcel, Owner shall submit proposed storm water management plans to the City, which shall provide for adequate means necessary to properly collect and dispose of all storm water resulting from and related to the Owner Parcel development ("Storm Water Management Plan"). The Storm Water Management Plan shall provide for storm water management facilities and equipment, hereinafter collectively referred to as "Storm Water Facilities," which shall include the collection and routing of storm water from Owner Parcel through a drainage easement across Developer Parcel and into a detention pond located on Developer Parcel. The Storm Water Management Plan shall be reviewed and approved by the City as a condition of receiving any permits related to the land disturbance or the general development of the Owner Parcel, which approval shall be freely given so long as the Storm Water Management Plan provides for the proper management of storm water related to the Owner Parcel development and is otherwise satisfactory to the City. Owner shall pay a facility maintenance fee to the City for the access and use of the Mayfield Road Regional Storm Water Management Facility in lieu of developing and maintaining an on-site facility within the Owner Parcel development. Such fee shall be calculated based on the square footage of all impervious surface as shown on the Development Plans and as approved by the City in accordance with the following formula: $36,753.64 per impervious acre (43,560 sq. ft.) or $0.84374747 per impervious square foot The City will not issue any land disturbance permit to Owner until such fee is paid in full by Owner to the City. The maintenance fee covers a thirty (30) year period from January 1,, 2019, through December 31, 2048. The maintenance fee is valued as of January 1, 2019, and the fee shall increase each year thereafter, based on the applicable Consumer Price Index ("CPI"), until it is paid. At or prior to the end of the 30 -year term, a new maintenance fee will be calculated and assessed against Owner Parcel for the continued use of the regional storm water facility after that time. If, after payment of the any maintenance fee, additional impervious surface is approved and constructed within Owner Parcel, Owner will be responsible to pay an additional maintenance fee for the additional impervious surface area calculated based on the formula written above. If, however, after payment of any maintenance fee, the amount of impervious surface within Owner Parcel is decreased, Owner will not be entitled to a refund of any portion of the maintenance fee(s) previously paid. 1,2 Developer Grant of Drainaae Easement Upon Owner's request, and before any future development of Owner Parcel, Developer shall grant and convey to the Owner a perpetual, non-exclusive easement on, over and across a portion of Developer Parcel to facilitate storm water drainage from the Owner Parcel onto and across the Developer Parcel and into a detention pond on Developer Parcel which has been or will be improved by Developer for these purposes. 1.3 Construction of Storm Water Facilities All Storm Water Facilities shall be constructed in accordance with the Storm Water Management Plan, as approved by the City. No building permits shall be issued by the City until the Storm Water Management Plan is approved by the City. 1.4 Maintenance and Repair of Storm Water Facilities Any and all maintenance, repair and/or replacement of the Storm Water Facilities within the Owner Parcel development, and any and all costs related thereto, shall be performed by and/or be the obligation of the Owner. 1.5 Inspection, Easement and Richt of Entry Granted to Citv Pursuant to this Agreement, the City is hereby granted an easement and right of entry to the Owner Parcel for the purpose of inspecting the Storm Water Facilities to ensure that such are properly functioning and to conduct all necessary repairs and maintenance of the same if the Storm Water Facilities are not properly maintained by Owner. Nothing contained in this paragraph shall create a duty of the City to inspect, repair or maintain the Storm Water Facilities. 1.6 _Failure of Proper Maintenance, Repair or Operation of Storm Water Facilities If the City determines by inspection that the Storm Water Facilities, or any portion thereof, are not properly maintained or are not in good order, repair or operation, the City shall issue a written notice to the entity responsible for the Storm Water Facilities at the pertinent time describing such determinations and findings. Upon receipt of such notice, the responsible entity shall perform all such maintenance and/or repairs as are determined necessary by the City to ensure proper maintenance, repair and operation of the Storm Water Facilities. In the event that the responsible entity fails to take such necessary actions within thirty (30) days (or less in the event of an emergency as determined by the City), of receiving such notice, the City may at its discretion, conduct all repairs or maintenance of the Storm Water Facilities, as it deems necessary and appropriate at the expense of the responsible entity. 1.7 Assessment of Costs If the City undertakes the maintenance and/or repairs of the Storm Water Facilities pursuant to the terms above, any related costs associated with such actions shall be assessed against the entity responsible for such under the terms of this Agreement at the time the maintenance and/or repairs are performed. Such assessment shall be deemed a lien against the Owner Parcel until all charges are paid and satisfied, and Owner for itself, its heirs and assigns expressly consents to the creation of this lien. The City may proceed to foreclose upon this lien as it would a lien for unpaid taxes. Section 2. Legal Matters 2.1 Recording The City and Owner agree that this Agreement shall be recorded as a restriction and encumbrance against the Owner Parcel and shall run with the Owner Parcel such that upon taking title, all respective future owners shall be deemed to have assumed the obligations of Owner as set forth in this Agreement. Further, it is the intent of the parties that this Agreement should be cross-referenced in all vesting deeds to future landowners of any or all portions of the Owner Parcel. However, the foregoing notwithstanding, the failure of any cross-reference called for in this paragraph shall not affect the enforcement of this Agreement against all parties bound by it, to include but not limited to the future owners of the Owner Parcel or any portion thereof. 2.2 Owner Representations and Warranties Owner represents and warrants that: 2.2.1 It is the owner of the fee simple interest of the Owner Parcel and that all easements and other rights granted to the City or any third -party pursuant to this Agreement are given free of any encumbrances or restrictions; and 2,2.2 It is either an individual or a corporate entity, duly formed and in good standing under the laws of the State of Georgia and has the full power and authority to enter into this Agreement. 2.3 Developer Representations and Warranties Developer represents and warrants that: 2,3.1 It is the owner of the fee simple interest of the Developer Parcel and that all easements and other rights granted to the City or any third -party pursuant to this Agreement are given free of any encumbrances or restrictions; and 2.3.2 It is either an individual or a corporate entity, duly formed and in good standing under the laws of the State of Georgia and has the full power and authority to enter into this Agreement and 2.3.3 Upon request by Owner, Developer shall execute a permanent drainage easement agreement, in a form acceptable to the City and consistent with the terms and conditions herein, which agreement shall include the following restrictions and limitations as to the Developer Parcel: 2.3.3.1 No buildings or other permanent structures will be constructed upon, over or across the Drainage Easement area; and 2.3.3.2 The grade or amount of dirt upon, over and across the easements will not be altered without the prior permission of the Owner; and 2.3.3.3 No changes will be made to the surface within or adjoining the Drainage Easement that would create a condition whereby standing water would accumulate upon, over or across the easement area without the prior permission of the Owner. 2.4 Successors and Assigns; Third -Parties This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their successors and assigns. Whenever the parties are identified in this document, it shall include their successors and assigns unless specifically set forth to the contrary. Specifically, but without limitation on the foregoing, this Agreement shall be a covenant running with the Owner Parcel, binding upon all subsequent purchasers of the Owner Parcel or any portion thereof. 2.5 Indemnification Owner and any other party responsible for Storm Water Facilities under this Agreement or any future assignment, shall indemnify, defend and hold harmless the City, its agents and representatives against any and all claims, actions, liabilities, fines, losses, costs, damages or expenses, including, without limitation, reasonable attorney's fees, arising out of, resulting from, or related to the undertaking of the performance of the obligations under this Agreement. 2.6 Enforcement Each of the parties to this Agreement shall be entitled to enforce its rights under this Agreement by reason of any breach of any provision of the Agreement. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may, in that party's sole discretion, apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief to enforce any violations of the provisions of this Agreement. The prevailing party in any such proceeding shall be entitled to its reasonable attorney's fees and costs of litigation. 2.7 Additional Instruments Each party shall properly endorse, execute and deliver any instruments or documents as may be reasonably necessary from time to time to effectuate the provisions of this Agreement. 2.8 Entire Agreement, Severability, Binding Effect Each party agrees that this Agreement contains the entire understanding of the parties, there being no representation, promise, warranty, covenant or undertaking other than those expressly set forth herein. The covenants and conditions of this Agreement are to be construed together but, should any part or parts of this Agreement be interpreted or construed to be unenforceable, void or without meaning, the remaining part or parts shall continue in full force and effect. This Agreement shall apply to, bind and be obligatory upon the parties, and upon their heirs, assigns, personal representatives, administrators, and executors. 2.9 Mutual Cooperation and Notice Each of the parties hereto shall cooperate fully with the other party to ensure that the provisions of this Agreement are executed and carried out in good faith. This Agreement shall be effective upon execution hereof by each party. All notices required herein shall be addressed and delivered as follows: CITY City of Milton Attn: Community Development Department Director Milton City Hall 2006 Heritage Walk Milton, Georgia 30004 OWNER Stan W. Sparrow 875 Mayfield Road Milton, Georgia 30004 [SIGNATURE PAGE FOLLOWS] DEVELOPER Taylor Morrison of Georgia, LLC Attn: 4400 North Point Pkwy, Suite 295 Alpharetta, Georgia 30022 IN WITNESS WHEREOF, the parties have caused these present to be executed in its name by its duly authorized officers, this day of , 2019. CITY: Signed, sealed and delivered this day of CITY OF MILTON , 2019, in the presence of: Witness Notary Public f AI' ix notary Swmp] Signed, sealed and delivered this IZ day of J..ne. , 2019, in the presence of: imess Signed, sealed and Nk 2019, in i ess `u D ......,.q9 �P Tl i EXPIRES a 61:01 GIA November 11. 2019 ; day of of: By: Joe Lockwood, Mayor C111AIJ 104: (seal) By: W'. '_5 (seal) STAN W. SPARROW DEVELOPER: TAYLOR MORRISON OF GEORGIA, LLC (seal) Print Name- r)�- Title: 1/ M W c Y. N N o,ao°c�Op 2�dv�LL v - p owom�at c Q,v::ovA° m O ocLoccdH N o'm vd�Hoa d N A L � N. N d ° > p d N dd d " u >N°EASE,. O aN p d c o m v u$ _0 r m o c N N UCL ccm°:N m,�L LLamac�3U (l O L N rl N V t� C 7 :n H N b.. v _ � � � C o � V s4:r., LC M W TO: FROM: MILTON % ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 16, 2019 Steven Krokoff, City Manager 0 AGENDA ITEM: Approval of the Mayfield Road Regional Storm Water Management Facility Use Agreement between the City of Milton, Crabapple Ventures, LLC and Taylor Morrison of Georgia, LLC. MEETING DATE: Monday, July 22, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (j.,XPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (AYES () NO CITY ATTORNEY REVIEW REQUIRED: (U'S'ES () NO APPROVAL BY CITY ATTORNEY: (,.j`APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C:j l I I -z4 LO `q 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.u5 I www.cityofmiltonga.u5 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Interim Public Works Director Date: Submitted on July 16, 2019 for the July 22, 2019 Regular City Council Meeting Agenda Item: Approval of the Mayfield Road Regional Storm Water Management Facility Use Agreement Between the City of Milton, Crabapple Ventures, LLC and Taylor Morrison of Georgia, LLC _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The Mayfield Road Regional Storm Water Management Facility will, once improved by Taylor Morrison, satisfy all requirements of a regional facility to be available as an off-site storm water facility to developments that will tie into the system through infrastructure installed by the city’s Charlotte Drive Extension roadway project and Taylor Morrison’s Lakeside at Crabapple development project. This agreement includes sections on the storm water management design, plans, permits and legal matters associated with the use of the facility. Funding and Fiscal Impact: None Alternatives: None Legal Review: Jeff Strickland – Jarrard & Davis (4/5/19) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Regional Storm Water Management Facility Use Agreement – Crabapple Ventures, LLC After recording, please return to: Jeff M. Strickland, Esq. Jarrard & Davis, LLP 222 Webb Street Cumming, Georgia 30040 Cross References: Deed Book 55759, Page 50 Deed Book 57058, Page 582 Deed Book 57058, Page 586 STATE OF GEORGIA Deed Book 55887, Page 225 COUNTY OF FULTON Deed Book 55887, Page 228 Deed Book 55887, Page 231 MAYFIELD ROAD REGIONAL STORM WATER MANAGEMENT FACILITY USE AGREEMENT THIS MAYFIELD ROAD REGIONAL STORM WATER MANAGEMENT FACILITY USE AGREEMENT ("Agreement") made this day of , 2019, by and between the CITY OF MILTON, a Georgia municipal corporation ("City"), and CRABAPPLE VENTURES, LLC, a Georgia limited liability company ("Owner"), and TAYLOR MORRISON OF GEORGIA, LLC, a Georgia limited liability company ("Developer"), is made under and shall be construed according to the laws of the State of Georgia. Reference herein to City, Owner, or Developer shall include their successors and assigns. WHEREAS, Developer is the owner of certain real property located in Land Lots 1099, 1100, 1133, and 1134, Second District, Second Section, City of Milton, Fulton County, Georgia; made up of the following current Fulton County Tax Assessor parcel numbers: 22-416011001031, 22-416011001023, 22-416011000660, 22- 416111340388, 22-416111340370, and 22-416111340107; totaling approximately 15.85 acres, as legally described in those certain Limited Warranty Deeds recorded at Deed Book 55759, Page 50; Deed Book 58862, Page 5; and Deed Book 59962, Page 9, in the Fulton County Superior Court Clerk Real Property Records; and as described as Developer Parcel on the map attached hereto marked Exhibit A, incorporated herein by this reference ("Developer Parcel"); and WHEREAS, Owner is the owner of certain real property located in Land Lot 1134, Second District, Second Section, City of Milton, Fulton County, Georgia; made up of the following Fulton County Tax Assessor parcel numbers: 22-416111340073 and 22-416111340081; as legally described in that certain deed recorded at Deed Book 57058, Page 582; that certain deed recorded at Deed Book 57058, Page 586; that certain deed recorded at Deed Book 55887, Page 225; that certain deed recorded at Deed Book 55887, Page 228; and that certain deed recorded at Deed Book 55887, Page 231, in the Fulton County Superior Court Clerk Real Property Records; and as shown on Exhibit A marked "Owner Parcel"; and WHEREAS, Developer Parcel and Owner Parcel are subject to federal, state and local laws, rules, and regulations ("Applicable Laws"), including but not limited to the City's Code of Ordinances ("Code"), Chapter 20 (Environment), Article W (Storm Water Management) and Article VI (Soil Erosion, Sedimentation and Pollution Control); and Chapter 64 (Zoning), Article XIX (Crabapple Form -Based Code); and WHEREAS, as part of the City's storm water management program, the City requires that all new developments provide for storm water management, which may include, for example, but not limited to: drainage easements, detention ponds, retention ponds, storm sewers, and other storm water management infrastructure ("Storm Water Facilities") as may be necessary to manage the storm water issues resulting from the impervious surfaces created by the respective development; and WHEREAS, pursuant to the Code, future development of Owner Parcel will require applications, plans and other information to be submitted to the City for review and approval ("Plans"); and WHEREAS, as part of the Plans, Owner's Storm Water Management Plan shall provide for storm water management infrastructure to collect and route storm water from Owner Parcel through a drainage easement across Developer Parcel and into a detention pond located on Developer Parcel which easement and detention pond have capacity for the storm water drainage from Owner Parcel as well as other parcels near Developer Parcel; and WHEREAS, the drainage easement and detention pond on Developer Parcel shall only be used for storm water quantity detention purposes and water quality shall be addressed by Owner in accordance with all Applicable Laws before any storm water drains from Owner Parcel; and WHEREAS, Owner and Developer acknowledge that this Agreement shall run with the land to be binding upon Owner and Developer and their respective successors and assigns; and WHEREAS, Developer and City have entered into a separate agreement whereby Developer has agreed to convey a five -acre parcel, to include the detention pond, as dedicated civic space to the City, following certain required improvements to be made by Developer, and City will thereafter manage the detention pond as the Mayfield Road Regional Storm Water Management Facility. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and in consideration of One Dollar ($1.00) and other good and valuable consideration mutually exchanged this date between the parties hereto, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: Section 1. Storm Water Management Design, Plans and Permits 1.1 Storm Water Management Design, Regional Facilitv Access. Plans. Permits and Fees In accordance with the Code, Section 20-290(a) provides that storm water may be managed through a regional facility in lieu of onsite management. The City acknowledges that the Mayfield Road Regional Storm Water Management Facility will, once improved by Developer, satisfy all requirements of a regional facility to be available to Owner as an off-site facility as such terms are defined in Code Section 20-238. Prior to any future development of Owner Parcel, Owner shall submit proposed storm water management plans to the City, which shall provide for adequate means necessary to properly collect and dispose of all storm water resulting from and related to the Owner Parcel development ("Storm Water Management Plan"). The Storm Water Management Plan shall provide for storm water management facilities and equipment, hereinafter collectively referred to as "Storm Water Facilities," which shall include the collection and routing of storm water from Owner Parcel through a drainage easement across Developer Parcel and into a detention pond located on Developer Parcel. The Storm Water Management Plan shall be reviewed and approved by the City as a condition of receiving any permits related to the land disturbance or the general development of the Owner Parcel, which approval shall be freely given so long as the Storm Water Management Plan provides for the proper management of storm water related to the Owner Parcel development and is otherwise satisfactory to the City. Owner shall pay a facility maintenance fee to the City for the access and use of the Mayfield Road Regional Storm Water Management Facility in lieu of developing and maintaining an on-site facility within the Owner Parcel development. Such fee shall be calculated based on the square footage of all impervious surface as shown on the Development Plans and as approved by the City in accordance with the following formula: $36,753.64 per impervious acre (43,560 sq. ft.) or $0.84374747 per impervious square foot 2 The City will not issue any land disturbance permit to Owner until such fee is paid in full by Owner to the City. The maintenance fee covers a thirty (30) year period from January 1, 2019, through December 31, 2048. The maintenance fee is valued as of January 1, 2019, and the fee shall increase each year thereafter, based on the applicable Consumer Price Index ("CPI"), until it is paid. At or prior to the end of the 30 -year term, a new maintenance fee will be calculated and assessed against Owner Parcel for the continued use of the regional storm water facility after that time. If, after payment of the any maintenance fee, additional impervious surface is approved and constructed within Owner Parcel, Owner will be responsible to pay an additional maintenance fee for the additional impervious surface area calculated based on the formula written above. If, however, after payment of any maintenance fee, the amount of impervious surface within Owner Parcel is decreased, Owner will not be entitled to a refund of any portion of the maintenance fee(s) previously paid. 1.2 Developer Grant of Drainase Easement Upon Owner's request, and before any future development of Owner Parcel, Developer shall grant and convey to the Owner a perpetual, non-exclusive easement on, over and across a portion of Developer Parcel to facilitate storm water drainage from the Owner Parcel onto and across the Developer Parcel and into a detention pond on Developer Parcel which has been or will be improved by Developer for these purposes. 1.3 Construction of Storm Water Facilities All Storm Water Facilities shall be constructed in accordance with the Storm Water Management Plan, as approved by the City. No building permits shall be issued by the City until the Storm Water Management Plan is approved by the City. 1.4 Maintenance and Renair of Storm Water Facilities Any and all maintenance, repair and/or replacement of the Storm Water Facilities within the Owner Parcel development, and any and all costs related thereto, shall be performed by and/or be the obligation of the Owner. 1.5 Inspection, Easement and Rieht of Entry Granted to Citv Pursuant to this Agreement, the City is hereby granted an easement and right of entry to the Owner Parcel for the purpose of inspecting the Storm Water Facilities to ensure that such are properly functioning and to conduct all necessary repairs and maintenance of the same if the Storm Water Facilities are not properly maintained by Owner. Nothing contained in this paragraph shall create a duty of the City to inspect, repair or maintain the Storm Water Facilities. 1.6 Failure of Prover Maintenance; Renair or Operation of Storm Water Facilities If the City determines by inspection that the Storm Water Facilities, or any portion thereof, are not properly maintained or are not in good order, repair or operation, the City shall issue a written notice to the entity responsible for the Storm Water Facilities at the pertinent time describing such determinations and findings. Upon receipt of such notice, the responsible entity shall perform all such maintenance and/or repairs as are determined necessary by the City to ensure proper maintenance, repair and operation of the Storm Water Facilities. In the event that the responsible entity fails to take such necessary actions within thirty (30) days (or less in the event of an emergency as determined by the City), of receiving such notice, the City may at its discretion, conduct all repairs or maintenance of the Storm Water Facilities, as it deems necessary and appropriate at the expense of the responsible entity. 1.7 Assessment of Costs If the City undertakes the maintenance and/or repairs of the Storm Water Facilities pursuant to the terms above, any related costs associated with such actions shall be assessed against the entity responsible for such under the terms of this Agreement at the time the maintenance and/or repairs are performed. Such assessment shall be deemed a lien against the Owner Parcel until all charges are paid and satisfied, and Owner for itself, its heirs and assigns expressly consents to the creation of this lien. The City may proceed to foreclose upon this lien as it would a lien for unpaid taxes. Section 2. Legal Matters 2.1 Recording The City and Owner agree that this Agreement shall be recorded as a restriction and encumbrance against the Owner Parcel and shall run with the Owner Parcel such that upon taking title, all respective future owners shall be deemed to have assumed the obligations of Owner as set forth in this Agreement. Further, it is the intent of the parties that this Agreement should be cross-referenced in all vesting deeds to future landowners of any or all portions of the Owner Parcel. However, the foregoing notwithstanding, the failure of any cross-reference called for in this paragraph shall not affect the enforcement of this Agreement against all parties bound by it, to include but not limited to the future owners of the Owner Parcel or any portion thereof. 2.2 Owner Representations and Warranties Owner represents and warrants that: 2.2.1 It is the owner of the fee simple interest of the Owner Parcel and that all easements and other rights granted to the City or any third -party pursuant to this Agreement are given free of any encumbrances or restrictions; and 2.2.2 It is either an individual or a corporate entity, duly formed and in good standing under the laws of the State of Georgia and has the full power and authority to enter into this Agreement. 2.3 Developer Representations and Warranties Developer represents and warrants that: 2.3.1 It is the owner of the fee simple interest of the Developer Parcel and that all easements and other rights granted to the City or any third -party pursuant to this Agreement are given free of any encumbrances or restrictions; and 2.3.2 It is either an individual or a corporate entity, duly formed and in good standing under the laws of the State of Georgia and has the full power and authority to enter into this Agreement; and 2.3.3 Upon request by Owner, Developer shall execute a permanent drainage easement agreement, in a form acceptable to the City and consistent with the terms and conditions herein, which agreement shall include the following restrictions and limitations as to the Developer Parcel: 2.3.3.1 No buildings or other permanent structures will be constructed upon, over or across the Drainage Easement area; and 2.3.3.2 The grade or amount of dirt upon, over and across the easements will not be altered without the prior permission of the Owner; and 2.3.3.3 No changes will be made to the surface within or adjoining the Drainage Easement that would create a condition whereby standing water would accumulate upon, over or across the easement area without the prior permission of the Owner. 2.4 Successors and Assigns; Third -Parties This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their successors and assigns. Whenever the parties are identified in this document, it shall include their successors and assigns unless specifically set forth to the contrary. Specifically, but without limitation on the foregoing, this Agreement shall be a covenant running with the Owner Parcel, binding upon all subsequent purchasers of the Owner Parcel or any portion thereof. 2.5 Indemnification Owner and any other party responsible for Storm Water Facilities under this Agreement or any future assignment, shall indemnify, defend and hold harmless the City, its agents and representatives against any and all claims, actions, liabilities, fines, losses, costs, damages or expenses, including, without limitation, reasonable attorney's fees, arising out of, resulting from, or related to the undertaking of the performance of the obligations under this Agreement. 2.6 Enforcement Each of the parties to this Agreement shall be entitled to enforce its rights under this Agreement by reason of any breach of any provision of the Agreement. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may, in that party's sole discretion, apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief to enforce any violations of the provisions of this Agreement. The prevailing party in any such proceeding shall be entitled to its reasonable attorney's fees and costs of litigation. 2.7 Additional Instruments Each party shall properly endorse, execute and deliver any instruments or documents as may be reasonably necessary from time to time to effectuate the provisions of this Agreement. 2.8 Entire Agreement, Severability, Binding Effect Each party agrees that this Agreement contains the entire understanding of the parties, there being no representation, promise, warranty, covenant or undertaking other than those expressly set forth herein. The covenants and conditions of this Agreement are to be construed together but, should any part or parts of this Agreement be interpreted or construed to be unenforceable, void or without meaning, the remaining part or parts shall continue in full force and effect, This Agreement shall apply to, bind and be obligatory upon the parties, and upon their heirs, assigns, personal representatives, administrators, and executors. 2.9 Mutual Cooperation and Notice Each of the parties hereto shall cooperate fully with the other party to ensure that the provisions of this Agreement are executed and carried out in good faith. This Agreement shall be effective upon execution hereof by each party. All notices required herein shall be addressed and delivered as follows: CITY City of Milton Attn: Community Development Department Director Milton City Hall 2006 Heritage Walk Milton, Georgia 30004 OWNER Crabapple Ventures, LLC Attn: R. John Gaston 2175 Dinsmore Road Alpharetta, Georgia 30004 [SIGNATURE PAGE FOLLOWS] DEVELOPER Taylor Morrison: of Georgia, LLC Attn: 4400 North Point Pkwy, Suite 295 Alpharetta, Georgia 30022 IN WITNESS WHEREOF, the parties have caused these present to be executed in its name by its duly authorized officers, this day of , 2019. CITY: Signed, sealed and delivered this day of CITY OF MILTON , 2019, in the presence of: Witness Notary Public [Affix Notary Stamp] Sig3ned, sealed and delivered this �day of ��.-,�_ 2019, in the presence of: Notary Public = _` (i,Ij OIA November 11. 2019 7,� \ : *",'&ASNS C Signed, sealed and delivered this 3 day of 2019, in the presence of: �es otary PEDIvq!'•,,� . ' Q TA.R _, EXPIRES =_ Gl ORGIA S November 11. 2019 �UBL1G ..�' 6 By: Joe Lockwood, Mayor OWNER: R.J DEVELOPER: (seal) TURES, LLC --��- (seal) Member/Manager TAYLOR MORRISON OF GEORGIA, LLC y: (seal) Print Name: ! -eif.lJ�tl�n c� �--- Title: I/ Lai ti ET oFo_ 0— L O _ O CD - N N _+ 0 O O Q , ;n C s o N N — - O �0 U •� 1i CQ L C N � Q P4 N l sy,r..4 N C MILTON, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 16, 2019 FROM: Steven Krokoff, City Manager a AGENDA ITEM: Approval of the Mayfield Road Regional Storm Water Management Facility Use Agreement between the City of Milton, Red Barn Crabapple, LLC and Taylor Morrison of Georgia, LLC. MEETING DATE: Monday, July 22, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ('/YES () NO CITY ATTORNEY REVIEW REQUIRED: (-KYES () NO APPROVAL BY CITY ATTORNEY: ()XPPROVED () NOT APPROVED PLACED ON AGENDA FOR: v �I '-'It �010- 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infogcityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Interim Public Works Director Date: Submitted on July 16, 2019 for the July 22, 2019 Regular City Council Meeting Agenda Item: Approval of the Mayfield Road Regional Storm Water Management Facility Use Agreement Between the City of Milton, Red Barn Crabapple, LLC and Taylor Morrison of Georgia, LLC _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The Mayfield Road Regional Storm Water Management Facility will, once improved by Taylor Morrison, satisfy all requirements of a regional facility to be available as an off-site storm water facility to developments that will tie into the system through infrastructure installed by the city’s Charlotte Drive Extension roadway project and Taylor Morrison’s Lakeside at Crabapple development project. This agreement includes sections on the storm water management design, plans, permits and legal matters associated with the use of the facility. Funding and Fiscal Impact: None Alternatives: None Legal Review: Jeff Strickland – Jarrard & Davis (4/5/19) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Regional Storm Water Management Facility Use Agreement – Red Barn Crabapple, LLC After recordine, please return to: Jeff M. Strickland, Esq. Jarrard & Davis, LLP 222 Webb Street Cumming, Georgia 30040 Cross References: Deed Book 55759, Page 50 Deed Book 51151, Page 363 Deed Book 51151, Page 372 STATE OF GEORGIA COUNTY OF FULTON MAYFIELD ROAD REGIONAL STORM WATER MANAGEMENT FACILITY USE AGREEMENT THIS MAYFIELD ROAD REGIONAL STORM WATER MANAGEMENT FACILITY USE AGREEMENT ("Agreement') made this day of , 2019, by and between the CITY OF MILTON; a Georgia municipal corporation ("City"), and RED BARN CRABAPPLE, LLC, a Georgia limited liability company ("Owner"), and TAYLOR MORRISON OF GEORGIA, LLC, a Georgia limited liability company ("Developer"), is made under and shall be construed according to the laws of the State of Georgia. Reference herein to City, Owner, or Developer shall include their successors and assigns. WITNESSETH WHEREAS, Developer is the owner of certain real property located in Land Lots 1099, 1100, 1133, and 1134, Second District, Second Section, City of Milton, Fulton County, Georgia; made up of the following current Fulton County Tax Assessor parcel numbers: 22-416011001031, 22-416011001023, 22-416011000660, 22- 416111340388, 22-416111340370, and 22-416111340107; totaling approximately 15.85 acres, as legally described in those certain Limited Warranty Deeds recorded at Deed Book 55759, Page 50; Deed Book 58862, Page 5; and Deed Book 59962, Page 9, in the Fulton County Superior Court Clerk Real Property Records; and as described as Developer Parcel on the map attached hereto marked Exhibit A, incorporated herein by this reference ("Developer Parcel'); and WHEREAS, Owner is the owner of certain real property located in Land Lot 1134, Second District, Second Section, City of Milton, Fulton County, Georgia made up of the following Fulton County Tax Assessor parcel number: 22-416111340032; as legally described in that certain Limited Warranty Deed recorded at Deed Book 51151, Page 363; and in that certain Quit Claim Deed recorded at Deed Book 51151, Page 372, in the Fulton County Superior Court Clerk Real Property Records and as shown on Exhibit A marked "Owner Parcel"; and WHEREAS, Developer Parcel and Owner Parcel are subject to federal, state and local laws, rules, and regulations ("Applicable Laws"), including but not limited to the City's Code of Ordinances ("Code"), Chapter 20 (Environment), Article IV (Storm Water Management) and Article VI (Soil Erosion, Sedimentation and Pollution Control); and Chapter 64 (Zoning), Article XIX (Crabapple Form -Based Code); and WHEREAS, as part of the City's storm water management program, the City requires that all new developments provide for storm water management, which may include, for example, but not limited to: drainage easements; detention ponds, retention ponds, storm sewers, and other storm water management infrastructure ("Storm Water Facilities") as may be necessary to manage the storm water issues resulting from the impervious surfaces created by the respective development; and WHEREAS, pursuant to the Code, future development of Owner Parcel will require applications, plans and other information to be submitted to the City for review and approval ("Plans"); and WHEREAS, as part of the Plans, Owner's Storm Water Management Plan shall provide for storm water management infrastructure to collect and route storm water from Owner Parcel through a drainage easement across Developer Parcel and into a detention pond located on Developer Parcel which easement and detention pond have capacity for the storm water drainage from Owner Parcel as well as other parcels near Developer Parcel; and WHEREAS, the drainage easement and detention pond on Developer Parcel shall only be used for storm water quantity detention purposes and water quality shall be addressed by Owner in accordance with all Applicable Laws before any storm water drains from Owner Parcel; and WHEREAS, Owner and Developer acknowledge that this Agreement shall run with the land to be binding upon Owner and Developer and their respective successors and assigns; and WHEREAS, Developer and City have entered into a separate agreement whereby Developer has agreed to convey a five -acre parcel, to include the detention pond, as dedicated civic space to the City, following certain required improvements to be made by Developer, and City will thereafter manage the detention pond as the Mayfield Road Regional Storm Water Management Facility. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and in consideration of One Dollar ($1.00) and other good and valuable consideration mutually exchanged this date between the parties hereto, the receipt and adequacy of which is hereby acknowledged; the parties hereby agree as follows: Section 1. Storm Water Management Design, Plans and Permits 1.1 Storm Water Management Desitin, Reeional Facilitv Access. Plans. Permits and Fees In accordance with the Code, Section 20-290(a) provides that storm water may be managed through a regional facility in lieu of onsite management. The City acknowledges that the Mayfield Road Regional Storm Water Management Facility will, once_ improved by Developer, satisfy all requirements of a regional facility to be available to Owner as an off-site facility as such terms are defined in Code Section 20-238. Prior to any future development of Owner Parcel, Owner shall submit proposed storm water management plans to the City, which shall provide for adequate means necessary to properly collect and dispose of all storm water resulting from and related to the Owner Parcel development ("Storm Water Management Plan"). The Storm Water Management Plan shall provide for storm water management facilities and equipment, hereinafter collectively referred to as "Storm Water Facilities," which shall include the collection and routing of storm water from Owner Parcel through a drainage easement across Developer Parcel and into a detention pond located on Developer Parcel. The Storm Water Management Plan shall be reviewed and approved by the City as a condition of receiving any permits related to the land disturbance or the general development of the Owner Parcel, which approval shall be freely given so long as the Storm Water Management Plan provides for the proper management of storm water related to the Owner Parcel development and is otherwise satisfactory to the City. Owner shall pay a facility maintenance fee to the City for the access and use of the Mayfield Road Regional Storm Water Management Facility in lieu of developing and maintaining an on-site facility within the Owner Parcel development. Such fee shall be calculated based on the square footage of all impervious surface as shown on the Development Plans and as approved by the City in accordance with the following formula: $36,753.64 per impervious acre (43,560 sq. ft.) or $0.84374747 per impervious square foot The City will not issue any land disturbance permit to Owner until such fee is paid in full by Owner to the City. The maintenance fee covers a thirty (30) year period from January 1,, 2019; through December 31, 2048. The maintenance fee is valued as of January 1, 2019, and the fee shall increase each year thereafter, based on the applicable Consumer Price Index ("CPI"), until it is paid. At or prior to the end of the 30 -year term, a new maintenance fee will be calculated and assessed against Owner Parcel for the continued use of the regional storm water facility after that time. If, after payment of the any maintenance fee, additional impervious surface is approved and constructed within Owner Parcel, Owner will be responsible to pay an additional maintenance fee for the additional impervious surface area calculated based on the formula written above. If, however, after payment of any maintenance fee, the amount of impervious surface within Owner Parcel is decreased, Owner will not be entitled to a refund of any portion of the maintenance fee(s) previously paid. 1.2 Developer Grant of Drainaee Easement Upon Owner's request, and before any future development of Owner Parcel, Developer shall grant and convey to the Owner a perpetual, non-exclusive easement on, over and across a portion of Developer Parcel to facilitate storm water drainage from the Owner Parcel onto and across the Developer Parcel and into a detention pond on Developer Parcel which has been or will be improved by Developer for these purposes. 1.3 Construction of Storm Water Facilities All Storm Water Facilities shall be constructed in accordance with the Storm Water Management Plan, as approved by the City. No building permits shall be issued by the City until the Storm Water Management Plan is approved by the City. 1.4 Maintenance and Repairof Storm Water Facilities Any and all maintenance, repair and/or replacement of the Storm Water Facilities within the Owner Parcel development, and any and all costs related thereto, shall be performed by and/or be the obligation of the Owner. 1.5 Inspection. Easement and Riaht ofEntry Granted to Citv Pursuant to this Agreement, the City is hereby granted an easement and right of entry to the Owner Parcel for the purpose of inspecting the Storm Water Facilities to ensure that such are properly functioning and to conduct all necessary repairs and maintenance of the same if the Storm Water Facilities are not properly maintained by Owner. Nothing contained in this paragraph shall create a duty of the City to inspect, repair or maintain the Storm Water Facilities. 1.6 Failure of Proper Maintenance. Reoair or Operation of Storm Water Facilities If the City determines by inspection that the Storm Water Facilities, or any portion thereof, are not properly maintained or are not in good order; repair or operation, the City shall issue a written notice to the entity responsible for the Storm Water Facilities at the pertinent time describing such determinations and findings. Upon receipt of such notice, the responsible entity shall perform all such maintenance and/or repairs as are determined necessary by the City to ensure proper maintenance, repair and operation of the Storm Water Facilities. In the event that the responsible entity fails to take such necessary actions within thirty (30) days (or less in the event of an emergency as determined by the City), of receiving such notice, the City may at its discretion, conduct all repairs or maintenance of the Storm Water Facilities, as it deems necessary and appropriate at the expense of the responsible entity. 1.7 Assessment of Costs If the City undertakes the maintenance and/or repairs of the Storm Water Facilities pursuant to the terms above, any related costs associated with such actions shall be assessed against the entity responsible for such under the terms of this Agreement at the time the maintenance and/or repairs are performed. Such assessment shall be deemed a lien against the Owner Parcel until all charges are paid and satisfied, and Owner for itself, its heirs and assigns expressly consents to the creation of this lien. The City may proceed to foreclose upon this lien as it would a lien for unpaid taxes. Section 2. Legal Matters 2.1 Recordina The City and Owner agree that this Agreement shall be recorded as a restriction and encumbrance against the Owner Parcel and shall run with the Owner Parcel such that upon taking title, all respective future owners shall be deemed to have assumed the obligations of Owner as set forth in this Agreement. Further, it is the intent of the parties that this Agreement should be cross-referenced in all vesting deeds to future landowners of any or all portions of the Owner Parcel. However, the foregoing notwithstanding, the failure of any cross-reference called for in this paragraph shall not affect the enforcement of this Agreement against all parties bound by it, to include but not limited to the future owners of the Owner Parcel or any portion thereof. 2.2 Owner Representations and Warranties Owner represents and warrants that: 2.2.1 It is the owner of the fee simple interest of the Owner Parcel and that all easements and other rights granted to the City or any third -party pursuant to this Agreement are given free of any encumbrances or restrictions; and 2.2.2 It is either an individual or a corporate entity, duly formed and in good standing under the laws of the State of Georgia and has the full power and authority to enter into this Agreement. 2.3 Developer Representations and Warranties Developer represents and warrants that: 2.3.1 It is the owner of the fee simple interest of the Developer Parcel and that all easements and other rights granted to the City or any third -party pursuant to this Agreement are given free of any encumbrances or restrictions; and 2.3.2 It is either an individual or a corporate entity, duly formed and in good standing under the laws of the State of Georgia and has the full power and authority to enter into this Agreement; and 2.3.3 Upon request by Owner, Developer shall execute a permanent drainage easement agreement, in a form acceptable to the City and consistent with the terms and conditions herein, which agreement shall include the following restrictions and limitations as to the Developer Parcel: 2.3.3.1 No buildings or other permanent structures will be constructed upon, over or across the Drainage Easement area; and 2.3.3.2 The grade or amount of dirt upon, over and across the easements will not be altered without the prior permission of the Owner; and 2.3.3.3 No changes will be made to the surface within or adjoining the Drainage Easement that would create a condition whereby standing water would accumulate upon, over or across the easement area without the prior permission of the Owner. 2.4 Successors and Assigns; Third -Parties This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their successors and assigns. Whenever the parties are identified in this document, it shall include their successors and assigns unless specifically set forth to the contrary. Specifically, but without limitation on the foregoing, this Agreement shall be a covenant running with the Owner Parcel, binding upon all subsequent purchasers of the Owner Parcel or any portion thereof. 4 2.5 Indemnification Owner and any other party responsible for Storm Water Facilities under this Agreement or any future assignment, shall indemnify, defend and hold harmless the City, its agents and representatives against any and all claims, actions, liabilities, fines, losses, costs, damages or expenses, including, without limitation, reasonable attorney's fees, arising out of, resulting from, or related to the undertaking of the performance of the obligations under this Agreement. 2.6 Enforcement Each of the parties to this Agreement shall be entitled to enforce its rights under this Agreement by reason of any breach of any provision of the Agreement. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may, in that party's sole discretion, apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief to enforce any violations of the provisions of this Agreement. The prevailing party in any such proceeding shall be entitled to its reasonable attorney's fees and costs of litigation. 2.7 Additional Instruments Each party shall properly endorse, execute and deliver any instruments or documents as may be reasonably necessary from time to time to effectuate the provisions of this Agreement. 2.8 Entire Agreement, Severability, Binding Effect Each party agrees that this Agreement contains the entire understanding of the parties, there being no representation, promise, warranty, covenant or undertaking other than those expressly set forth herein. The covenants and conditions of this Agreement are to be construed together but, should any part or parts of this Agreement be interpreted or construed to be unenforceable, void or without meaning, the remaining part or parts shall continue in full force and effect. This Agreement shall apply to, bind and be obligatory upon the parties, and upon their heirs, assigns, personal representatives, administrators, and executors. 2.9 Mutual Cooperation and Notice Each of the parties hereto shall cooperate fully with the other party to ensure that the provisions of this Agreement are executed and carried out in good faith. This Agreement shall be effective upon execution hereof by each party. All notices required herein shall be addressed and delivered as follows: CITY City of Milton Attn: Community Development Department Director Milton City Hall 2006 Heritage Walk Milton, Georgia 30004 OWNER Red Barn Crabapple, LLC Attn: W II Stolz. 12645 Birmingham Hwy Milton, Georgia 30004 [SIGNATURE PAGE FOLLOWS] 5 DEVELOPER Taylor Morrison of Georgia, LLC Attn: 4400 North Point Pkwy, Suite 295 Alpharetta, Georgia 30022 IN WITNESS WHEREOF, the parties have caused these present to be executed in its name by its duly authorized officers, this day of 2019. Signed, sealed and delivered this day of , 2019, in the presence of.- Witness f: Witness Notary Public Signed, sealed and delivered this 3l day of 2019, in the presence of: r fitness Notary is "t(1di31U11� 8-TRAtwAA •Nt< ih'. Notary Public, Georgia Fulton County My Commission Expires January 17, 2023 Signed, sealed and delivered this 3 day of 2019, in the presence of Wi ess 'TARy". (rI OKGIA . __ FJnvernber 11, 2019 As`' �L'B LAG CITY: CITY OF MILTON By: Joe Lockwood, Mayor OWNER: RED BARN CRABAPPLE, LLC (seal) By: THE STOLZ COMP ole Manager By: (seal) 1. William Stez, Manajer & DEVELOPER: TAYLOR MORRISON OF GEORGIA, LLC By: (seal) Print Name: o,� Title: V/9 2% F- E ¢. c> E ✓. D o m uo" fv, a v u [� OCL s� 0 Fes. (ii ra' yn i� ff w� y L cu S � O LL LL II 2% TO: FROM: MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 16, 2019 Steven Krokoff, City Manager AGENDA ITEM: Approval of the Mayfield Road Regional Storm Water Management Facility Use Agreement between the City of Milton, Strawberry Fields Milton, LLC and Taylor Morrison of Georgia, LLC. MEETING DATE: Monday, July 22, 2019 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: (-a-YES () NO CITY ATTORNEY REVIEW REQUIRED: (✓jYES () NO APPROVAL BY CITY ATTORNEY. VAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: v, 12ai tviq 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: Sara Leaders, PE, Interim Public Works Director Date: Submitted on July 16, 2019 for the July 22, 2019 Regular City Council Meeting Agenda Item: Approval of the Mayfield Road Regional Storm Water Management Facility Use Agreement Between the City of Milton, Strawberry Fields Milton, LLC and Taylor Morrison of Georgia, LLC _____________________________________________________________________________________ Department Recommendation: Approval Executive Summary: The Mayfield Road Regional Storm Water Management Facility will, once improved by Taylor Morrison, satisfy all requirements of a regional facility to be available as an off-site storm water facility to developments that will tie into the system through infrastructure installed by the city’s Charlotte Drive Extension roadway project and Taylor Morrison’s Lakeside at Crabapple development project. This agreement includes sections on the storm water management design, plans, permits and legal matters associated with the use of the facility. Funding and Fiscal Impact: None Alternatives: None Legal Review: Jeff Strickland – Jarrard & Davis (4/5/19) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Regional Storm Water Management Facility Use Agreement – Strawberry Fields Milton, LLC After recording, please return to: Jeff M. Strickland, Esq. Jarrard & Davis, LLP 222 Webb Street Cumming, Georgia 30040 Cross References: Deed Book 55759, Page 50 Deed Book 58186, Page 648 Deed Book 58458, Page 607 STATE OF GEORGIA COUNTY OF FULTON MAYFIELD ROAD REGIONAL STORM WATER MANAGEMENT FACILITY USE AGREEMENT THIS MAYFIELD ROAD REGIONAL STORM WATER MANAGEMENT FACILITY USE AGREEMENT ("Agreement") made this day of , 2019, by and between the CITY OF MILTON, a Georgia municipal corporation ("City"), and STRAWBERRY FIELDS MILTON, LLC, a Georgia limited liability company ("Owner"), and TAYLOR MORRISON OF GEORGIA, LLC,, a Georgia limited liability company ("Developer"), and is made under and shall be construed according to the laws of the State of Georgia. Reference herein to City, Owner, or Developer shall include their successors and assigns. WITNESSETH WHEREAS, Developer is the owner of certain real property located in Land Lots 1099, 1100, and 1134, Second District, at or near 980 Mayfield Road, Milton, Fulton County, Georgia; made up of the following Fulton County Tax Assessor parcel numbers: 22-416011001031, 22-416011001023, and 22-416011000660; as legally described in that certain Limited Warranty Deed recorded at Deed Book 55759, Page 50, in the Fulton County Superior Court Clerk Real Property Records; and as shown on the map attached hereto marked Exhibit A, incorporated herein by this reference ("Developer Parcel"); and WHEREAS, Owner is the owner of certain real property located in Land Lot 1134, Second District, at or near 12655 Birmingham Highway, Milton, Fulton County, Georgia; made up of the following Fulton County Tax Assessor parcel number(s): 22-416111340297; as legally described in that certain Limited Warranty Deed recorded at Deed Book 58186; Page 648 and Deed Book.58458 Page 607, in the Fulton County Superior Court Clerk Real Property Records; and as shown on Exhibit A marked "Owner Parcel"; and WHEREAS, Developer Parcel and Owner Parcel are subject to federal, state and local laws; rules, and regulations ("Applicable Laws"), including but not limited to the City's Code of Ordinances ("Code"), Chapter 20 (Environment), Article IV (Storm Water Management) and Article VI (Soil Erosion, Sedimentation and Pollution Control); and Chapter 64 (Zoning), Article XIX (Crabapple Form -Based Code) and WHEREAS, as part of the City's storm water management program, the City requires that all new developments provide for storm water management, which may include, for example, but not limited to: drainage easements, detention ponds; retention ponds, storm sewers, and other storm water management infrastructure ("Storm Water Facilities") as may be necessary to manage the storm water issues resulting from the impervious surfaces created by the respective development; and WHEREAS, pursuant to the Code, future development of Owner Parcel will require applications, plans and other information to be submitted to the City for review and approval ("Plans"); and WHEREAS, as part of the Plans, Owner's Storm Water Management Plan shall provide for storm water management infrastructure to collect and route storm water from Owner Parcel through a drainage easement across Developer Parcel and into a detention pond located on Developer Parcel which easement and detention pond have capacity for the storm water drainage from Owner Parcel as well as other parcels near Developer Parcel; and WHEREAS; the drainage easement and detention pond on Developer Parcel shall only be used for storm water quantity detention purposes and water quality shall be addressed by Owner in accordance with all Applicable Laws before any storm water drains from Owner Parcel; and WHEREAS, Owner and Developer acknowledge that this Agreement shall run with the land to be binding upon Owner and Developer and their respective successors and assigns; and WHEREAS, Developer and City have entered into a separate agreement whereby Developer has agreed to convey a five -acre parcel, to include the detention pond, as dedicated civic space to the City, following certain required improvements to be made by Developer, and City will thereafter manage the detention pond as the Mayfield Road Regional Storm Water Management Facility. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and in consideration of One Dollar ($1.00) and other good and valuable consideration mutually exchanged this date between the parties hereto, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: Section 1. Storm Water Management Design, Plans and Permits 1.1 Storm Water Management Desitin, Regional Facility Access, Plans. Permits and Fees In accordance with the Code, Section 20-290(a) provides that storm water may be managed through a regional facility in lieu of onsite management. The City acknowledges that the Mayfield Road Regional Storm Water Management Facility will, once improved by Developer, satisfy all requirements of a regional facility to be available to Owner as an off-site fcicility as such terms are defined in Code Section 20-238. Prior to any future development of Owner Parcel, Owner shall submit proposed storm water management plans to the City, which shall provide for adequate means necessary to properly collect and dispose of all storm water resulting from and related to the Owner Parcel development ("Storm Water Management Plan"). The Storm Water Management Plan shall provide for storm water management facilities and equipment, hereinafter collectively referred to as "Storm Water Facilities," which shall include the collection and routing of storm water from Owner Parcel through a drainage easement across Developer Parcel and into a detention pond located on Developer Parcel. The Storm Water Management Plan shall be reviewed and approved by the City as a condition of receiving any permits related to the hand disturbance or the general development of the Owner Parcel; which approval shall be freely given so long as the Storm Water Management Plan provides for the proper management of storm water related to the Owner Parcel development and is otherwise satisfactory to the City. Owner shall pay a facility maintenance fee to the City for the access and use of the Mayfield Road Regional Storm Water Management Facility in lieu of developing and maintaining an on-site facility within the Owner Parcel development. Such fee shall be calculated based on the square footage of all impervious surface as shown on the Development Plans and as approved by the City in accordance with the following formula: $36,753.64 per impervious acre (43,560 sq. ft.) or $0.84374747 per impervious square foot The City will not issue any land disturbance permit to Owner until such fee is paid in full by Owner to the City. The maintenance fee covers a thirty (30) year period from January 1, 2019, through December 31, 2048. The maintenance fee is valued as of January 1, 2019, and the fee shall increase each year thereafter, based on the applicable Consumer Price Index ("CPI"), until it is paid. At or prior to the end of the 30 -year term, a new maintenance fee will be calculated and assessed against Owner Parcel for the continued use of the regional storm water facility after that time. If, after payment of the any maintenance fee, additional impervious surface is approved and constructed within Owner Parcel, Owner will be responsible to pay an additional maintenance fee for the additional impervious surface area calculated based on the formula written above. If, however, after payment of any maintenance fee,, the amount of impervious surface within Owner Parcel is decreased, Owner will not be entitled to a refund of any portion of the maintenance fee(s) previously paid. 1.2 Developer Grant of Drainage Easement Upon Owner's request, and before any future development of Owner Parcel, Developer shall grant and convey to the Owner a perpetual, non-exclusive easement on, over and across a portion of Developer Parcel to facilitate storm water drainage from the Owner Parcel onto and across the Developer Parcel and into a detention pond on Developer Parcel which has been or will be improved by Developer for these purposes. 1.3 Construction of Storm Water Facilities All Storm Water Facilities shall be constructed in accordance with the Storm Water Management Plan, as approved by the City. No building permits shall be issued by the City until the Storm Water Management Plan is approved by the City. 1.4 Maintenance and Repair of Storm Water Facilities Any and all maintenance, repair and/or replacement of the Storm Water Facilities within the Owner Parcel development, and any and all costs related thereto, shall be performed by and/or be the obligation of the Owner. 1.5 Inspection. Easement and Right of Entry Granted to City Pursuant to this Agreement, the City is hereby granted an easement and right of entry to the Owner Parcel for the purpose of inspecting the Storm Water Facilities to ensure that such are properly functioning and to conduct all necessary repairs and maintenance of the same if the Storm Water Facilities are not properly maintained by Owner. Nothing contained in this paragraph shall create a duty of the City to inspect, repair or maintain the Storm Water Facilities. 1.6 Failure of Proner Maintenance. Repair or Operation of Storm Water Facilities If the City determines by inspection that the Storm Water Facilities, or any portion thereof, are not properly maintained or are not in good order, repair or operation, the City shall issue a written notice to the entity responsible for the Storm Water Facilities at the pertinent time describing such determinations and findings. Upon receipt of such notice, the responsible entity shall perform all such maintenance and/or repairs as are determined necessary by the City to ensure proper maintenance, repair and operation of the Storm Water Facilities. In the event that the responsible entity fails to take such necessary actions within thirty (30) days (or less in the event of an emergency as determined by the City), of receiving such notice, the City may at its discretion, conduct all repairs or maintenance of the Storm Water Facilities, as it deems necessary and appropriate at the expense of the responsible entity. 1_7 Assessment of Costs If the City undertakes the maintenance and/or repairs of the Storm Water Facilities pursuant to the terms above, any related costs associated with such actions shall be assessed against the entity responsible for such under the terms of this Agreement at the time the maintenance and/or repairs are performed. Such assessment shall be deemed a lien against the Owner Parcel until all charges are paid and satisfied, and Owner for itself, its heirs and assigns expressly consents to the creation of this lien. The City may proceed to foreclose upon this lien as it would a lien for unpaid taxes. 3 Section 2. Legal Matters 2.1 Recording The City and Owner agree that this Agreement shall be recorded as a restriction and encumbrance against the Owner Parcel and shall run with the Owner Parcel such that upon taking title, all respective future owners shall be deemed to have assumed the obligations of Owner as set forth in this Agreement. Further; it is the intent of the parties that this Agreement should be cross-referenced in all vesting deeds to future landowners of any or all portions of the Owner Parcel. However, the foregoing notwithstanding, the failure of any cross-reference called for in this paragraph shall not affect the enforcement of this Agreement against all parties bound by it, to include but not limited to the future owners of the Owner Parcel or any portion thereof. 2,2 Owner Representations and Warranties Owner represents and warrants that: 2.2.1 It is the owner of the fee simple interest of the Owner Parcel and that all easements and other rights granted to the City or any third -party pursuant to this Agreement are given free of any encumbrances or restrictions; and 2.2 .2 It is either an individual or a corporate entity, duly formed and in good standing under the laws of the State of Georgia and has the full power and authority to enter into this Agreement. 2.3 Developer Representations and Warranties Developer represents and warrants that: 2.3.1 It is the owner of the fee simple interest of the Developer Parcel and that all easements and other rights granted to the City or any third -party pursuant to this Agreement are given free of any encumbrances or restrictions; and 2.3.2 It is either an individual or a corporate entity, duly formed and in good standing under the laws of the State of Georgia and has the full power and authority to enter into this Agreement; and 2.3.3 Upon request by Owner, Developer shall execute a permanent drainage easement agreement, in a form acceptable to the City and consistent with the terms and conditions herein, which agreement shall include the following restrictions and limitations as to the Developer Parcel: 2.3,3.1 No buildings or other permanent structures will be constructed upon, over or across the Drainage Easement area; and 2.3.3.2 The grade or amount of dirt upon, over and across the easements will not be altered without the prior permission of the Owner; and 2.3.3.3 No changes will be made to the surface within or adjoining the Drainage Easement that would create a condition whereby standing water would accumulate upon, over or across the easement area without the prior permission of the Owner. 2.4 Successors and Assigns: Third -Parties This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their successors and assigns. Whenever the parties are identified in this document, it shall include their successors and assigns unless specifically set forth to the contrary. Specifically, but without limitation on the foregoing, this Agreement shall be a covenant running with the Owner Parcel, binding upon all subsequent purchasers of the Owner Parcel or any portion thereof. 2.5 Indemnification Owner and any other party responsible for Storm Water Facilities under this Agreement or any future assignment, shall indemnify, defend and hold harmless the City, its agents and representatives against any and all claims, actions, liabilities, fines, losses,, costs; damages or expenses, including, without limitation, reasonable attorney's fees, arising out of, resulting from, or related to the undertaking of the performance of the obligations under this Agreement. 2.6 Enforcement Each of the parties to this Agreement shall be entitled to enforce its rights under this Agreement by reason of any breach of any provision of the Agreement. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party may, in that party's sole discretion, apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief to enforce any violations of the provisions of this Agreement. The prevailing party in any such proceeding shall be entitled to its reasonable attorney's fees and costs of litigation. 2.7 Additional Instruments Each party shall properly endorse, execute and deliver any instruments or documents as may be reasonably necessary from time to time to effectuate the provisions of this Agreement. 2.8 Entire Agreement, Severability, Binding Effect Each party agrees that this Agreement contains the entire understanding of the parties, there being no representation, promise, warranty, covenant or undertaking other than those expressly set forth herein. The covenants and conditions of this Agreement are to be construed together but, should any part or parts of this Agreement be interpreted or construed to be unenforceable, void or without meaning, the remaining part or parts shall continue in full force and effect. This Agreement shall apply to, bind and be obligatory upon the parties, and upon their heirs, assigns, personal representatives, administrators, and executors. 2.9 Mutual Cooperation and Notice Each of the parties hereto shall cooperate fully with the other party to ensure that the provisions of this Agreement are executed and carried out in good faith. This, Agreement shall be effective upon execution hereof by each party. All notices required herein shall be addressed and delivered as follows: CITY City of Milton Attn: Community Development Department Director Milton City Hall 2006 Heritage Walk Milton, Georgia 30004 OWNER Strawberry Fields Milton, LLC Attn: -2Ef('tiA-M 12655 Birmingham Highway Milton, Georgia 30004 [SIGNATURE PAGE FOLLOWS] DEVELOPER Taylor Morrison of Georgia, LLC Attn: 4400 North Point Pkwy, Suite 295 Alpharetta, Georgia 30022 IN WITNESS WHEREOF, the parties have caused these present to be executed in its name by its duly authorized officers, this day of 12019. CITY: Signed, sealed and delivered in the presence of: CITY OF MILTON Witness Notary Public [Affix Notary Stamp] Signed, sealed and delivered in the presence of - Witness n NotaryPublic 0TAk'hp! �cf' �.j�-ix 'ourvStaiii� GEo G 3 Jwy 2R�A A LC, ''ry'�J�//IrynN11N11N� Signed, sealed and delivered in the presence of ttness Notary Public,, V." ::.:' ,99 ip'- a mi AfteyRiiiE6fv til�.UKG1A e _ November 11, 2019 . •. /�, �.........••• 00000 R By: Joe Lockwood. Mayor OWNER: (seal) STRAWBERRY FIELDS MILTON, LLC M- M DEVELOPER: TAYLOR MORRISON OF GEORGIA, LLC B (seal) [insert name here], Manager d / VP w� vvLu' �vvsv�� L C N g2E�T Y a 6 i N N N vi V O Nr A J.L_.y voo Q o='cE �NY��'u=gid vt V.Or O, in = W o W O o U g N W N (� oNm.,�o N.T y M �i nmV c 2i u Q O N J O Q _ N Q ti ct Vi ^L� M1� .n OL C� C1 a N N _ N U L cu n O .il ti O r: N V-4 •a• U O N o 1 U- U - i MItTON '11 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 16, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of a Resolution Transmitting a Draft Capital Improvements Element (CIE) 2019 Annual Update, Relating to the City's Impact Fee Program to the Atlanta Regional Commission for Regional and State Review. MEETING DATE: Monday, July 22, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (YAIPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED_ ( )/YES () NO CITY ATTORNEY REVIEW REQUIRED: ()1YES () NO APPROVAL BY CITY ATTORNEY: (ZAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: U I I 2,zl7-0ig 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: Michele McIntosh-Ross, Principal Planner Date: Submitted on July 9, 2019 for the July 22, 2019 Regular Council Meeting Agenda Item: Consideration of a Resolution Transmitting a Draft Capital Improvements Element (CIE) 2019 Annual Update, Relating to the City’s Impact Fee Program to the Atlanta Regional Commission for Regional and State Review. _________________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: As a municipality that collects Impact Fees, a Capital Improvements Element (CIE) Annual Update was prepared by the city’s impact fee consultant and was reviewed by staff and discussed at the July 15 council work session. The 2019 CIE update contains the five-year project lists for impact fee eligible items based on the adopted 2015 CIE. An annual update to the five-year project schedule is a requirement by the Georgia Department of Community Affairs (DCA). Upon favorable review by the Regional and State agencies, the City of Milton may adopt the 2019 CIE Annual Update by October 31, 2019. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Paul Frickey – Jarrard & Davis 07-01-2019 Concurrent Review: Steve Krokoff – City Manager Attachment(s): 2019 Draft Capital Improvements Element (CIE) (dated 07-27-2018) Resolution to Transmit 2019 Draft CIE STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSMITTAL OF A DRAFT CAPITAL IMPROVEMENTS ELEMENT 2019 ANNUAL UPDATE TO THE ATLANTA REGIONAL COMMISSION FOR REGIONAL AND STATE REVIEW WHEREAS, On September 21, 2015, the City of Milton adopted a Capital Improvements Element (CIE) as an amendment to the Milton Comprehensive Plan; and WHEREAS, on September 24, 2018, the City of Milton adopted the Capital Improvements Element 2018 Annual Update as an amendment to the Milton Comprehensive Plan; and WHEREAS, the City of Milton has drafted a Capital Improvements Element 2019 Annual Update (“2019 CIE Update”), which incorporates an impact fee financial report for FY 2018 (as applicable); and WHEREAS, the 2019 CIE Update was prepared in accordance with the “Development Impact Fee Compliance Requirements” and the “Minimum Planning Standards and Procedures for Local Comprehensive Planning” adopted by the Department of Community Affairs pursuant to the Georgia Planning Act of 1989, and WHEREAS, a duly advertised Public Hearing with respect to the 2019 CIE Update was held on July 22, 2019 at 6:00 p.m. in the City of Milton City Hall, 2006 Heritage Walk. BE IT THEREFORE RESOLVED that the City Council does hereby authorize the transmittal of the draft Capital Improvements Element 2019 Annual Update (attached hereto as Exhibit “A”) to the Atlanta Regional Commission for Regional and State review, as per the requirements of the Development Impact Fee Compliance Requirements adopted pursuant to the Georgia Planning Act of 1989. RESOLVED this 22nd day of July 2019. _________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk Capital Improvements Element 2019 Annual Update Fiscal Year 2018 (10/1/17—9/30/18) Financial Report & Community Work Program City of Milton, Georgia DRAFT: June 27, 2019 Introduction City of Milton 2019 CIE Annual Update ________________ Draft June 27, 2019 _________________________________________ page 1 This Capital Improvements Element Annual Update has been prepared based on the rules and regulations pertaining to impact fees in Georgia, as specified by the Devel- opment Impact Fee Act (DIFA) and the De- partment of Community Affairs (DCA) docu- ments Development Impact Fee Compliance Requirements and Standards and Proce- dures for Local Comprehensive Planning. These three documents dictate the essential elements of an Annual Update, specifically the inclusion of a financial report and a schedule of improvements. According to DCA’s Compliance Require- ments, the Annual Update: “must include: 1) the Annual Report on impact fees required under O.C.G.A. 36- 71-8; and 2) a new fifth year schedule of improvements, and any changes to or re- visions of previously listed CIE projects, including alterations in project costs, pro- posed changes in funding sources, con- struction schedules, or project scope.” (Chapter 110-12-2-.03(2)(c)) This Annual Update itself is based on the City of Milton’s Capital Improvements Ele- ment, as adopted by the City October 5, 2015. 1 Note that DCA’s Compliance Requirements specify that the work program is to meet the requirements of Chapter 110-12-1-.04(7)(a), which is a reference to the work program requirements in a previous version Financial Report The Financial Report included in this document is based on the require- ments of DIFA, specifically: “As part of its annual audit pro- cess, a municipality or county shall prepare an annual report describing the amount of any development impact fees collected, encumbered, and used during the preceding year by category of public facility and service area.” (O.C.G.A. 36-71- 8(c)) The required financial information for each public facility category appears in the main financial table (page 2); each of the public facility categories has a single, city-wide service area. The sta- tus of all impact fee projects, by public facility category, is shown on the ta- bles on pages 3, 4, 5 and 6. The City’s fiscal year runs from Octo- ber 1 to September 30. of the Standards and Procedures for Local Com- prehensive Planning. The correct current de- scription is found at Chapter 110-12-1- Schedule of Improvements In addition to the financial report, the City has prepared a five-year schedule of im- provements—a community work program (CWP)—as specified in DCA’s Compliance Requirements (Chapter 110-12-2- .03(2)(c)), which states that local govern- ments that have a CIE must “update their entire Short Term [i.e., Community] Work Programs annually.”)1. According to DCA’s requirements,2 the CWP must include:  A brief description of the activity;  Legal authorization, if applicable;  Timeframe for undertaking the activity;  Responsible party for implementing the activity;  Estimated cost (if any) of implementing the activity; and,  Funding source(s), if applicable. All of this information appears in the Com- munity Work Program portion of this docu- ment, beginning on page 7. .04(2)(b)1. 2 Chapter 110-12-1-.03(3). Financial Report City of Milton 2019 CIE Annual Update _______________ Draft June 27, 2019 __________________________________________ page 2 City of Milton Public Facility Parks & Recreation Fire Protection Law Enforcement Roads Adminis- tration TOTAL Impact Fee Fund Balance October 1, 2017 1,453,059.38$ 133,177.23$ 31,966.78$ 133,951.03$ -$ 1,752,154.42$ Impact Fees Collected (October 1, 2017 through September 30, 2018)789,317.70$ 77,990.05$ 13,607.48$ 125,076.09$ 30,180.25$ 1,036,171.57$ Subtotal: Fee Accounts 2,242,377.08$ 211,167.28$ 45,574.26$ 259,027.12$ 30,180.25$ 2,788,325.99$ Accrued Interest 325.67$ 30.59$ 5.33$ 43.35$ 25.91$ 430.85$ (Impact Fee Refunds)(6,215.10)$ (543.57)$ (94.86)$ (678.36)$ (225.96)$ (7,757.85)$ (Expenditures)(671,073.95)$ -$ -$ (205,425.00)$ (27,000.00)$ (903,498.95)$ Impact Fee Fund Balance September 30, 2018 1,565,413.70$ 210,654.30$ 45,484.73$ 52,967.11$ 2,980.20$ 1,877,500.04$ Impact Fees Encumbered 1,565,413.70$ 210,654.30$ 45,484.73$ 52,967.11$ 2,980.20$ 1,877,500.04$ Annual Impact Fee Financial Report - Fiscal Year 2018 Financial Report City of Milton 2019 CIE Annual Update _______________ Draft June 27, 2019 __________________________________________ page 3 Public Facility: Responsible Party:Parks and Recreation Department Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2018 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Park Land (455 acres)2017 2035 68,665,646.59$ 67.39%46,275,786.85$ 671,073.95$ 185,322.50$ 856,396.45$ $ 1,453,059.38 Trailhead Park, Mayfield Farm Park, Milton County Club Conservation Easements (2747 ac)2017 2035 37,687,219.02$ 41.44%15,616,326.67$ -$ -$ Land for Trails (110 acres)2017 2035 22,637,026.35$ 41.39%9,369,796.00$ -$ -$ 112,354.32$ Baseball Fields (8)2022 2035 2,416,978.76$ 63.80%1,541,931.23$ -$ -$ Football/Soccer/Lacrosse (2)2022 2035 277,625.94$ 89.85%249,433.52$ -$ -$ Basketball Courts (11)2022 2035 898,201.57$ 42.18%378,852.88$ -$ -$ Playgrounds (Structured) (34)2020 2035 1,665,755.63$ 42.89%714,408.29$ -$ 21,445.00$ 21,445.00$ Broadwell Park Picnic Shelters / Pavilions (34)2020 2035 4,997,266.90$ 42.89%2,143,224.88$ -$ -$ Community Centers (4)2024 2035 2,605,646.33$ 42.53%1,108,195.49$ -$ -$ Delayed Multi-Use Trails (90.76 miles)2020 2035 62,195,885.85$ 42.48%26,419,298.43$ -$ -$ 204,047,252.94$ 103,817,254.24$ $671,073.95 206,767.50$ 877,841.45$ 1,565,413.70$ *All costs are Net Present Value per CIE adopted October 5, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. Parks and Recreation City-wide Financial Report City of Milton 2019 CIE Annual Update _______________ Draft June 27, 2019 __________________________________________ page 4 Responsible Party:Fire Department / Administration Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2018 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Emergency Warning Sirens 2014 2018 216,329.00$ 41.44%89,646.74$ -$ -$ Storage Facility 2017 2019 267,096.40$ 100.00%267,096.40$ -$ -$ 40,251.67$ To be completed in 2019 Fire Station 42 Replacement 2020 2022 1,389,243.43$ 40.00%555,697.37$ -$ -$ 170,402.63$ Training Facility 2017 2017 430,176.66$ 100.00%430,176.66$ -$ 50,000.00$ 50,000.00$ Completed Westside Fire Station **2024 2026 1,501,562.50$ 66.67%1,001,091.72$ -$ -$ Hwy 9 Fire Station **2017 2020 1,428,686.06$ 100.00%1,428,686.06$ -$ -$ General Vehicle 2015 2015 38,609.80$ 100.00%38,609.80$ -$ -$ Completed Heavy Vehicle 2016 2016 453,066.46$ 100.00%453,066.46$ -$ -$ Completed General Vehicle 2020 2020 39,442.62$ 100.00%39,442.62$ -$ -$ Heavy Vehicle 2018 2018 462,839.28$ 100.00%462,839.28$ -$ -$ Delayed; 2019 completion General Vehicle 2022 2022 40,725.67$ 100.00%40,725.67$ -$ -$ Heavy Vehicle 2021 2021 477,895.17$ 100.00%477,895.17$ -$ -$ General Vehicle 2024 2024 42,050.45$ 100.00%42,050.45$ -$ -$ Heavy Vehicle 2024 2024 493,440.83$ 100.00%493,440.83$ -$ -$ Heavy Vehicle 2027 2027 509,492.17$ 100.00%509,492.17$ -$ -$ General Vehicle 2029 2029 43,884.11$ 100.00%43,884.11$ -$ -$ Heavy Vehicle 2030 2030 526,065.66$ 94.36%496,408.38$ -$ -$ General Vehicle 2033 2033 45,797.72$ 94.36%43,215.84$ -$ -$ Heavy Vehicle 2033 2033 543,178.27$ 0.00%-$ -$ -$ General Vehicle 2034 2034 47,287.49$ 0.00%-$ -$ -$ 8,996,869.75$ 6,913,465.73$ -$ 50,000.00$ 50,000.00$ 210,654.30$ *All costs are Net Present Value per CIE adopted October 5, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. **Percent impact fee eligible revised due to change in anticipated year of expenditure. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. NOTE: For projects that have been completed and paid for (or are not eligible for impact fee funding), the cells in the "FY2018 Impact Fees Expended" column are shaded out, indicating that no impact fees or additional impact fees will be expended on those projects. City-wide Facilities Vehicles Financial Report City of Milton 2019 CIE Annual Update _______________ Draft June 27, 2019 __________________________________________ page 5 Public Facility: Responsible Party:Police Department / Administration Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2018 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Law Enforcement Center, Phase 1 2016 2017 30,947.62$ 41.44%12,825.42$ -$ - -$ Law Enforcement Center, Phase 2 2018 2018 1,729,358.54$ 41.44%716,686.51$ -$ - -$ Law Enforcement Center, Phase 3 2019 2020 2,738,978.49$ 41.44%1,135,096.56$ -$ - -$ 45,484.73$ Delayed; 2020 completion 4,499,284.65$ 1,864,608.49$ -$ -$ -$ 45,484.73$ *All costs are Net Present Value per CIE adopted October 5, 2015. Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. Law Enforcement City-wide Financial Report City of Milton 2019 CIE Annual Update _______________ Draft June 27, 2019 __________________________________________ page 6 Responsible Party:Public Works Service Area: Project Description Project Start Date Project End Date Local Cost of Project* Maximum % of Funding from Impact Fees Max Funding from Impact Fees* FY 2018 Impact Fees Expended Impact Fees Expended (Previous Years) Total Impact Fees Expended to Date Impact Fees Encumbered Status/Remarks Intersection-Hopewell/Francis/Cogburn 2014 2014 992,103.00$ 40.1%397,918.39$ -$ -$ Complete Intersection-Deerfield Pkwy @ Morris Rd 2014 2014 85,206.00$ 40.1%34,174.91$ -$ -$ Complete Intersection-Bethany @ Cogburn 2014 2014 446,923.00$ 40.1%179,254.45$ -$ -$ Complete Intersection-Arnold Mill @ New Providence 2014 2014 313,300.00$ 40.1%125,660.17$ -$ -$ Complete Intersection-Birmingham @ Providence 2014 2014 852,581.00$ 40.1%341,958.10$ -$ -$ Complete Intersection-Hopewell @ Birmingham**2015 2015 1,700,234$ 40.1%681,939.66$ -$ 96,000.00$ 96,000.00$ Complete Intersection-Crabapple @ Birmingham 2014 2018 1,353,263.94$ 40.1%542,774.90$ -$ -$ Complete Transportation Master Plan Update 2015 2016 231,044.84$ 40.1%92,668.80$ -$ -$ Complete McGinnis Ferry Interchange 2015 2015 51,343.30$ 40.1%20,593.07$ -$ -$ Complete Crabapple NE Connector Rd 2017 2020 2,581,434.50$ 40.1%1,035,376.64$ -$ -$ Delayed Bridge Replacement Program 2014 2021 2,445,358.07$ 40.1%980,798.32$ -$ -$ Intersection-Freemanville @ Providence/B'ham 2015 2021 2,409,375.80$ 40.1%966,366.34$ 205,425.00$ 546.08$ 205,971.08$ 52,967.11$ Phase 1 Complete Phase 2 in 2021 Intersection-SR9 @ Bethany Bend 2014 2025 173,168.05$ 40.1%69,455.24$ -$ -$ Pushed back by GDOT Intersection-Webb Rd Turn Lanes 2015 2015 189,970.20$ 40.1%76,194.34$ -$ -$ Complete Intersection-Bethany @ Providence 2016 2022 1,794,032.06$ 40.1%719,560.72$ -$ -$ Intersection-Hopewell @ Bethany Bnd/ Way 2025 2025 3,346,503.60$ 40.1%1,342,234.96$ -$ -$ Intersection-Hopewell @ Redd Road 2015 2017 123,223.91$ 40.1%49,423.36$ -$ -$ Intersection-Hopewell @ Hamby 2020 2022 1,412,239.23$ 40.1%566,429.05$ -$ -$ Intersection-Hopewell @ Thompson 2021 2021 1,439,668.46$ 40.1%577,430.53$ -$ -$ Crabapple SE Connector 2021 2025 180,587.44$ 40.1%72,431.05$ -$ -$ Hopewell/Hamby Road Widening 2030 2030 7,991,049.35$ 40.1%3,205,096.16$ -$ -$ Morris Road Widening 2024 2024 9,125,056.76$ 40.1%3,659,930.39$ -$ -$ 39,237,666.52$ 15,737,669.56$ 205,425.00$ 96,546.08$ 301,971.08$ 52,967.11$ *All costs are Net Present Value per CIE adopted October 5, 2015, except as noted with " ** ". Maximum funding based on percent impact fee eligible. When impact fees are initially calucated for proposed projects, they are based on estimated costs, and the percentage of the estimate that is impact fee eligible is calculated based on the Level of Service standards in the Capital improvements Element, which yielded the proportion of the project that is required to meet the needs of future growth and develop- ment. When a project is completed, the actual cost is then known and, based on the percent eligible for impact fee funding, the actual amount of impact fee collections that can be expended on the project is revised accordingly so that the proportional share of the project attributable to new growth and development is not exceeded. **Actual figures related to impact fee funding shown for this project. NOTE: For projects that are not 100% impact fee funded, funding may be provided from the General Fund, the Capital Projects Fund or other local taxation sources, as determined during the annual budget adoption process. NOTE: For projects that have been completed and paid for (or are not eligible for impact fee funding), the cells in the "FY2018 Impact Fees Expended" column are shaded out, indicating that no impact fees or additional impact fees will be expended on those projects. City-wide Community Work Program City of Milton 2019 CIE Annual Update ____________ Draft June 27, 2019 ____________________________________ page 7 The City adopted a Comprehensive Plan update which included a complete CWP covering the years 2017 to 2021 (including all projects eligible for impact fee funding). The master Community Work Program within the Comprehensive Plan update includes all project activities, including the specific impact fee eligible projects for the 2017-2021 time frame. The following listing of impact fee projects is submitted as part of this CIE Annual Update report, updated to cover the 5-year period 2020-2024, and thereby amends the master CWP in the Comprehensive Plan . 2020-2024 Community Work Program – Impact Fee Eligible Projects Project Description 20202021202220232024Responsible Party Cost Estimate Funding Sources Notes/ Explanation Parks & Recreation Continue land acquisition program for park lands x x x x x Parks and Recreation $3,614,000 estimated annual average 67.39% Impact Fees; Bond Issue On-going debt service to bonds Continue acquisition program for conservation easements and multi-use trails x x x x x Parks and Recreation $3,175,000 estimated annual average 41.44% Impact Fees for conservation easements; 41.39% Impact Fees for multi- use trails; Bond issue On-going debt service to bonds Construction of multi-use trails x x x x x Parks and Recreation / Public Works $3,273,000 estimated annual average 42.48% Impact Fees; General Fund On-going annually Design and improve Providence Park: 1 Playground (structured) 1 Pavilion / Picnic Shelter 1 Multi-Use Trail (1 mi. est.) 1 Baseball Field x x Parks and Recreation $302,122 63.79% impact fees; General Fund $881,250 42.89% Impact Fees for playground and pavilion/picnic shelter; 42.48% Impact Fees for trail; General Fund Completion in 2022xxxParks and Recreation Community Work Program City of Milton 2019 CIE Annual Update ____________ Draft June 27, 2019 ____________________________________ page 8 Project Description 20202021202220232024Responsible Party Cost Estimate Funding Sources Notes/ Explanation Parks & Recreation con't 1 Football/Soccer/Lacrosse x x Parks and Recreation $138,813 89.85% impact fees; General Fund 2 Basketball Courts x x Parks and Recreation $163,309 42.18% impact fees; General Fund 1 Playground (Structured)x x Parks and Recreation $21,012 42.89% impact fees; General Fund 1 Picnic Shelters / Pavilions x x Parks and Recreation $63,036 42.89% impact fees; General Fund Design and construct a community center x Parks and Recreation $651,412 42.53% Impact Fees; General Fund Concept plan completion in 2024 Fire Construct Storage Facility Fire/ Administration $267,096 100% impact fees Underway - completion in 2019 Construct Hwy 9 Fire Station x Fire/ Administration $1,428,686 100% impact fees Completion in 2020 Replace Fire Station 42 x x x Fire/ Administration $1,389,243 40% impact fees; General Fund Completion in 2022 Construct Westside Fire Station x Fire/ Administration $1,501,563 66.67% impact fees; General Fund Completion in 2026 Purchase heavy vehicle x Fire/ Administration $477,895 100% impact fees Purchase general vehicle (2)x x Fire/ Administration $80,168 100% impact fees Purchase heavy vehicle x Fire/ Administration $493,441 100% impact fees Purchase general vehicle x Fire/ Administration $42,050 100% impact fees Police Design and construct Law Enforcement Center x Police/ Administration $4,499,285 41.44% impact fees; General Fund Underway - completion in 2020 Community Work Program City of Milton 2019 CIE Annual Update ____________ Draft June 27, 2019 ____________________________________ page 9 Project Description 20202021202220232024Responsible Party Cost Estimate Funding Sources Notes/ Explanation Transportation Bridge Replacement Program x x Public Works $2,445,358 40.1% impact fees; General Fund Annual improvements Intersection-Freemanville @ Providence & B'ham x x Public Works $2,409,376 40.1% impact fees; General Fund To be completed in phases; Phase 1 completed in 2019 (Freemanville@Providence), Phase 2 to be completed in 2021 Intersection-Bethany @ Providence x x x Public Works $1,794,032 40.1% impact fees; General Fund Completion in 2022 Intersection-Hopewell @ Hamby x x x Public Works $1,412,239 40.1% impact fees; General Fund Completion in 2022 Intersection-Hopewell @ Thompson x Public Works $1,439,668 40.1% impact fees; General Fund Completion in 2021 Crabapple SE Connector x x x x Public Works $180,587 40.1% impact fees; General Fund Completion in 2025 Crabapple NE Connector x Public Works $2,581,435 40.1% impact fees; General Fund Completion in 2020 Morris Road Widening x Public Works $9,125,057 40.1% impact fees; General Fund Completion in 2024 MJLTO�1111 ` ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 16, 2019 FROM: Steven Krokoff, City Manager ( ) AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2020; and for Other Purposes. MEETING DATE: Monday, July 22, 2019 6:00 PM 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 (AO CITY ATTORNEY REVIEW REQUIRED: () YES ()A0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 011 tt 17619 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on July 16, 2019 for the July 22, 2019 Special Called City Council Meeting (First Presentation) and August 12, 2019 Special Called City Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Establish the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2020; and for Other Purposes. Executive Summary: The City has advertised and enclosed an ordinance based on a Maintenance and Operating (M&O) millage rate of 4.731 mills, which is a return to the same millage rate used to calculate Milton property tax bills for each tax year from 2007 to 2017. We are also proposing a bond millage rate of 0.588 mills for the General Obligation Bond, Series 2017 (i.e. greenspace bond) that was approved through referendum on the November 2016 ballot. This will cover the third year of debt service payments totaling $1,713,875. The Fulton County digest for tax year 2019 reflects taxable assessments for real and personal property at $3,164,882,867, net of exemptions (please note HB710 passed in 2018 created a new floating exemption based on the consumer price index for properties with a current homestead exemption including the primary residence and five (5) contiguous acres of land which has more than doubled the City’s exemptions). The return to 4.731 mills represents an increase of 11.03% over the 2018 digest due to reassessments of existing real property as well as the increase from 4.390 mills. Motor vehicle assessed values in 2019 are $19,364,570 and have decreased by 27% since 2018. This decline is a result of HB386, which is phasing out motor vehicle taxes (or the “birthday tax”) and replacing it with the title ad valorem tax (TAVT). The TAVT is a one-time title fee that is paid on all vehicle sales. It is not a property tax and is, therefore, not included in the tax digest. Funding and Fiscal Impact: The total amount of property taxes to be levied for M&O purposes, excluding motor vehicle tax, is roughly $12.6 million. The FY20 budget anticipates year one collections totaling $11,710,008, or 95%, for real property and $202,017, or 65%, for personal property. Historically, Milton has experienced a collection rate of 90–94% of real property by the due date. Alternatives: Council will be presented with alternative millage rage options ranging from the 2019 calculated rollback rate of 4.261 mills to the capped rate of 4.731 mills with corresponding service level implications. Legal Review: Not required. Concurrent Review: Steve Krokoff, City Manager Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE AD VALOREM TAX RATE OF THE CITY OF MILTON FOR FISCAL YEAR 2020; AND FOR OTHER PURPOSES WHEREAS, the Charter of the City of Milton, Georgia authorizes the City to levy and provide for the assessment of ad valorem property taxes on all property subject to taxation; and WHEREAS, the Charter of the City of Milton, Georgia provides that the valuation of all property subject to taxation by the City shall be determined according to the tax digest prepared by the Fulton County Board of Tax Assessors; and WHEREAS, the Mayor and City Council, after hearing and after duly considering all such relevant evidence, testimony and public comments, has determined that it is in the best interests of, and necessary to meet the expenses and obligations of, the City of Milton, Georgia to set a levy in the amount of $5.319 on each $1,000.00 of taxable value for all property subject to ad valorem taxation by the City; now BE IT ORDAINED by the Mayor and City Council of the City of Milton, Georgia as follows: SECTION I: The ad valorem tax rate for the City of Milton, Georgia for the 2020 fiscal year, on property subject to ad valorem taxation by the City is hereby fixed at $5.319 on forty percent (40%) of each $1,000.00 of property subject to ad valorem tax by the City. SECTION II: Said rate of $5.319 on forty percent (40%) of each $1,000.00 of taxable property is hereby levied as follows: (a) For General Government purposes $4.731 on forty percent (40%) of each $1,000.00 of taxable property. (b) For the purpose of retiring outstanding General Obligation bonds, $0.588 on forty percent (40%) of each $1,000.00 of taxable property. SECTION III: All ordinances and parts of ordinances in conflict herewith are hereby repealed. Incorporated City of Milton 2014 2015 2016 2017 2018 2019 Real & Personal 2,156,608,276 2,332,989,792 2,435,683,451 2,522,451,452 3,002,308,260 3,164,882,867 Motor Vehicle 110,057,590 80,438,520 55,613,700 38,158,500 26,535,480 19,364,570 Mobile Homes 0 0 0 0 0 0 Timber – 100%0 0 0 0 0 0 Heavy Duty Equipment 0 0 0 104,009 61,463 76,149 Gross Digest 2,266,665,866 2,413,428,312 2,491,297,151 2,560,713,961 3,028,905,203 3,184,323,586 Less M&O Exemptions 154,175,700 174,457,350 163,773,480 169,616,430 196,963,090 493,828,424 Net M&O Digest 2,112,490,166 2,238,970,962 2,327,523,671 2,391,097,531 2,831,942,113 2,690,495,162 Gross M&O Millage Rate 6.742 8.374 8.342 8.244 7.417 8.171 Less Millage Rate Rollbacks (LOST)2.011 3.643 3.611 3.513 3.027 3.440 Net M&O Millage Rate 4.731 4.731 4.731 4.731 4.390 4.731 Bond Millage Rate 0 0 0 0.321 0.671 0.588 Total City Millage Rate 4.731 4.731 4.731 5.052 5.061 5.319 M&O Taxes Levied 9,994,191 10,592,572 11,011,514 11,312,282 12,432,226 12,728,733 Bond Taxes Levied 0 0 0 767,542 1,900,233 1,821,658 Total City Taxes Levied 9,994,191 10,592,572 11,011,514 12,079,825 14,332,459 14,550,391 Net M&O Taxes $ Increase 747,534 598,381 418,943 300,768 1,119,943 296,507 Net M&O Taxes % Increase 8.1%6.0%4.0%2.7%9.9%2.4% NOTE: For the 2019 tax year, staff is presenting multiple millage rate options to the City Council including the capped millage rate of 4.731 mills. The legally advertised rate above represents a return to the capped millage rate in place from 2006 to 2017. Millage rate options along with corresponding service levels will be presented by staff during the public hearings on July 22, 2019 (9:00 AM and 6:00 PM) and August 12, 2019 (5:45 PM). Actual changes in property values will not be available until the City receives the official property digest from the Fulton County Tax Commissioner. All figures are based upon a 100% collection rate. CITY OF MILTON NOTICE The City of Milton does hereby announce that the millage rate will be set at a meeting to be held at City Hall Council Chambers, 2006 Heritage Walk, Milton, Georgia on August 12, 2019 at 5:45 PM and pursuant to the requirements of O.C.G.A § 48-5-32 does hereby publish the following presentation of the current year’s tax digest and levy, along with the history of the tax digest and levy for the past five years. Current 2019 Tax Digest and Five Year History of Levy Page 2 of 2 ORDAINED this the ____day of ________, 2019. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (SEAL) CITY OF MILTON NOTICE OF PROPERTY TAX INCREASE AS REQUIRED BY STATE LAW The City of Milton has tentatively adopted a millage rate which will require an increase in property taxes by 11.02 percent. All concerned citizens are invited to the public hearings on this tax increase to be held at the City of Milton Council Chambers, 2006 Heritage Walk, Milton, Georgia, 30004, on the following dates and times: July 22, 2019 at 9:00 AM July 22, 2019 at 6:00 PM August 12, 2019 at 5:45 PM This tentative increase will result in a millage rate of 4.731 mills, an increase of 0.470 mills. Without this tentative tax increase, the millage rate will be no more than 4.261 mills. The proposed tax increase for a home with a fair market value of $400,000 is approximately $75.20 and the proposed tax increase for non-homestead property with a fair market value of $575,000 is approximately $108.10. CITY OF MILTON NOTICE OF PROPERTY TAX INCREASE DETAILED EXPLANATION For the 2019 tax year, staff is presenting multiple millage rate options to the City Council including the capped millage rate of 4.731 mills. The legally advertised rate above excludes the separately calculated greenspace bond millage rate and represents a return to the capped millage rate in place from 2006 to 2017. Millage rate options along with corresponding service levels will be presented by staff during the public hearings outlined above. Actual changes in property values will not be available until the City receives the official property digest from the Fulton County Tax Commissioner. MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 16, 2019 FROM: Steven Krokoff, City Manager(� AGENDA ITEM: Consideration of an Ordinance to Amend Article 1, Section 5.4 of the Milton Tree Canopy Conservation Ordinance to Extend the Date for Mandatory Compliance MEETING DATE: Monday, July 22, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (:?A"PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,KYES () NO CITY ATTORNEY REVIEW REQUIRED: (41Y'ES () NO APPROVAL BY CITY ATTORNEY: (JAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ;.- ? v0 zC'r) 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info9cityofmiltonga.u5 I www.cityofmiltonga.u5 0000 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on June 28, 2019 for the July 8, 2019 Regular City Council Meeting (First Presentation) and July 22, 2019 Regular City Council Meeting (Unfinished Business) Agenda Item: Consideration of An Ordinance To Amend Article 1, Section 5.4 of the Milton Tree Canopy Conservation Ordinance to Extend the Date for Mandatory Compliance _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The proposed edit to section 5.4 of the “Tree Canopy Conservation Ordinance” will extend the time that applicants may apply either the density-based Tree Conservation Ordinance or the canopy-based Tree Conservation Ordinance from July 22, 2019 to January 20, 2020. This extension will allow sufficient time for staff to complete the final edits to the Tree Canopy Conservation Ordinance and present it to the Planning Commission before Council review. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis July 3, 2019 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance to Amend the Tree Canopy Conservation Ordinance Redlined text of amended Tree Canopy Conservation Ordinance STATE OF GEORGIA ORDINANCE NO._____________ COUNTY OF FULTON AN ORDINANCE TO AMEND ARTICLE I, SECTION 5.4 OF THE MILTON TREE CANOPY CONSERVATION ORDINANCE TO EXTEND THE DATE FOR MANDATORY COMPLIANCE The Council of the City of Milton hereby ordains, while in a regularly called council meeting on July 22, 2019 at 6:00 p.m., as follows: WHEREAS, the City has adopted a new “Tree Canopy Conservation Ordinance” (Ordinance No. 18-04-348, as amended by Ordinance No. 18-12-386), which has not yet been codified into the Milton Code; WHEREAS, the new Tree Canopy Conservation Ordinance currently serves as an optional alternative to the existing “Tree Conservation Ordinance” found at Chapter 60, Article II, Division 1 of the Milton Code; WHEREAS, compliance with the new Tree Canopy Conservation Ordinance is set to become mandatory on July 22, 2019, superseding the Tree Conservation Ordinance on that date; WHEREAS, the City Council desires to extend the deadline for mandatory compliance with the new Tree Canopy Conservation Ordinance and to extend the time allowed for optional compliance with the Tree Conservation Ordinance; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: SECTION 1. Article I, Section 5.4 of the Tree Canopy Conservation Ordinance of the City of Milton, Georgia (Ordinance No. 18-04-348, as amended by Ordinance No. 18-12-386), is hereby amended by deleting the text “July 22, 2019” and replacing it with “January 20, 2020”. SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. This Ordinance shall become effective upon its adoption. ORDAINED this the 22nd day of July, 2019. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk City of Milton, Georgia Chapter 60 – Tree Canopy Conservation Ordinance Adopted August 6December 17, 2018 July 22, 2019 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17 July 22, 20189 Page i Table of Contents ARTICLE I. IN GENERAL .......................................................................................... 1 1. Title ................................................................................................................................................... 1 2. Community Forest Vision and Goals ................................................................................................. 1 3. Purpose and Intent ........................................................................................................................... 1 4. Administrator .................................................................................................................................... 2 5. Applicability and Exemptions ............................................................................................................ 2 6. Tree Conservation Manual ................................................................................................................ 3 7. Definitions ......................................................................................................................................... 3 8. Protected Trees ............................................................................................................................... 10 9. Specimen Trees ............................................................................................................................... 11 10. Heritage Trees ............................................................................................................................. 12 11. City of Milton Tree Species List ................................................................................................... 14 12. City Tree Management ............................................................................................................... 15 13. Hazardous Trees on Private Property ......................................................................................... 15 14. Variances ..................................................................................................................................... 15 15. Appeals ........................................................................................................................................ 16 16. Inspections .................................................................................................................................. 17 17. Enforcement ............................................................................................................................... 18 18. Notice of Violation ...................................................................................................................... 18 19. Stop Work Order ......................................................................................................................... 19 20. Fines and Penalties ..................................................................................................................... 20 ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY ..........................................20 21. Tree Canopy Management ......................................................................................................... 20 22. Tree Canopy Priorities ................................................................................................................. 20 23. Tree Canopy Cover Requirements .............................................................................................. 21 24. Tree Removal Permit .................................................................................................................. 21 25. Tree Canopy Replacement .......................................................................................................... 24 ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY ....................................26 26. Tree Canopy Management ......................................................................................................... 26 27. Tree Canopy Priorities ................................................................................................................. 26 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17 July 22, 20189 Page ii 28. Tree Canopy Plan ........................................................................................................................ 26 29. Tree Canopy Cover Requirements .............................................................................................. 30 30. Required Tree Locations ............................................................................................................. 34 31. Topped Trees .............................................................................................................................. 38 32. Minimum Landscape and Maintenance Requirements .............................................................. 38 33. Landscape Performance Bond .................................................................................................... 39 34. Certificate of Occupancy and Final Plat Approval ....................................................................... 40 35. Alternative Compliance ............................................................................................................... 40 36. Tree Canopy Fund ....................................................................................................................... 42 37. Timber Harvesting ....................................................................................................................... 42 City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 1 ARTICLE I. IN GENERAL 1. Title 1.1. This chapter shall be known as the Tree Conservation Ordinance of the City of Milton, Georgia or the “tree ordinance”. 2. Community Forest Vision and Goals 2.1. The City of Milton’s natural and extensive tree canopy provides significant benefits and irreplaceable value to our quality of life. 2.2. The city is committed to managing its community forest to continually improve the quantity and quality of its vital green infrastructure. 2.3. It is the goal of the city to maintain no net loss of tree canopy cover below the 57 percent existing as of March 2017, and to further achieve an average of 60 percent tree canopy cover across the city by 2033. 2.4. The city aims to measure average tree canopy cover across the city every 5 years using the latest GIS technology and use the results to evaluate the effectiveness of the tree ordinance and other tree management programs and policies in achieving the city’s tree canopy goals. 3. Purpose and Intent 3.1. The purposes of the tree ordinance are to: a. Create a living and working environment for Milton’s citizens and v isitors that is attractive, healthy and safe; b. Manage and utilize trees for the economic, environmental, and social functions and benefits they provide; and, c. Provide a framework for accomplishing the goals and objectives in the City’s comprehensive plan and other community, environmental and conservation ordinances, plans and policies. 3.2. The intent of this ordinance is to: a. Promote human, environmental and economic health within the community; b. Promote shared responsibility by all property owners to contribute to tree canopy cover; and, c. Establish the minimum amount of regulations that will achieve the vision and goals of the city and produce the desired outcomes. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 2 4. Administrator 4.1. The director of the community development department or his/her designated agent(s) shall be the administrator of the tree ordinance. 4.2. The city arborist shall be the primary agent responsible for the administration of the tree ordinance for the administrator. 4.3. The administrator shall have the authority to waive any provision of this tree ordinance where such waiver is consistent with the purpose and intent of this ordinance and is in the best interest of the public health, safety and welfare. The following factors shall be considered in evaluating the waiver request: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the waiver will injure or be wholly compatible with the use and future or existing development of adjacent propert ies; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the waiver will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 5. Applicability and Exemptions City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 3 5.1. The terms and provision of the tree ordinance shall apply to: a. All real property within the City of Milton unless otherwise exempted herein; b. Any activity that requires the issuance of a land disturbance permit, building permit, demolition permit, right-of-way encroachment permit or tree removal permit; c. Any activity that requires a certificate of occupancy, minor plat approval, certificate of conceptual plan approval, or final plat approval; and, d. All protected trees. 5.2. The activities, properties and trees that are exempt from the requirements of the tree ordinance are: a. Removal of trees posing an imminent threat or under emergency conditions; b. Commercial tree nursery and tree farm operations; c. Trees directed to be removed by municipal, county, state or fede ral authorities pursuant to law; and, d. City trees removed or pruned by utility companies as part of routine vegetation management activities, except that all removal and pruning shall be done in accordance with the arboricultural standards set forth in the tree conservation manual. 5.3. A summary of tree ordinance applicability and exemptions is included in the Tree Conservation Manual. 5.4. The applicant may apply the density-based Tree Conservation Ordinance or the canopy-based Tree Conservation Ordinance until December 3July 2January 20, 202018. 6. Tree Conservation Manual 6.1. There is hereby adopted a Tree Conservation Manual that sets forth the required standards and procedures for all activities required by the tree ordinance. 6.2. The tree conservation manual may be modified by the administrator as necessary to reduce outcomes contrary to the purpose and intent of the tree ordinance. 7. Definitions City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 4 7.1. All words used in the tree ordinance shall have their customary dictionary definitions except as specifically defined herein, or in the zoning regulations if not defined herein. 7.2. The words “shall” and “must” are mandatory, and the words “may” and “should” are permissive. a. Active tree protection. The active and ongoing planning, installation and monitoring of physical measures undertaken to protect a tree during land disturbance or alteration. b. Administrator. The Director of the City of Milton Community Development Department. c. Agent, designated or authorized. An individual or entity authorized by the administrator to assist in the administration and enforcement of the tree ordinance for the city; or, an individual or other entity authorized by a property owner to conduct development, construction, or arboricultural activities on their property. d. Agricultural land use. Use of a lot zoned AG-1 that is related to active farming, livestock, or ranching, including using land as pasture , an equestrian estate or horse farm, or in the production of crops, horticultural products, the keeping of livestock, including but not limited to poultry and hoofed animals such as cattle, horses, goats and sheep, for commercial purposes and the construction and maintenance of agricultural accessory buildings. e. Applicant. A property owner or his/her authorized agent(s) applying for a tree removal, development, or right-of-way encroachment permit for a tree or property, or seeking approval for a tree canopy, tree protection, or tree planting and maintenance plan, or seeking approval for a minor subdivision plat, certificate of conceptual plan approval, final plat approval or certificate of occupancy. f. Appraised tree value. The dollar value of a tree as determined by a certified arborist using methodology set forth in the latest edition of the Guide for Plant Appraisal developed by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture (www.isa- arbor.com). g. Buffer, state waters. An area along the course of any state waters required by city, state or federal regulations to be maintained in an undisturbed and natural condition. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 5 h. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent properties and/or uses with natural vegetation or replanting of trees and shrubs if sparsely vegetated. i. Caliper. The diameter of the trunk of tree nursery stock or a newly planted tree measured at 6 inches above the ground line for trees with calipers 4 inches and smaller, and at 12 inches above the ground line for trees with calipers greater than 4 inches. j. Certified arborist. Professional who possesses the technical competence gained through experience and related training to provide for or supervise the management of trees and other woody plants in residential, commercial and public landscapes and whose level of training is certified by the International Society of Arboriculture. k. City. The City of Milton, Georgia. l. City arborist. The agent of the City of Milton assigned by the director of the community development department with the primary responsibilities of administration and enforcement of the tree ordinance. m. Clearcutting. A method of harvesting timber that results in the removal of all trees from all or a portion of a property. n. Commercial tree nursery or commercial tree farm. A property on which trees are grown and sold as wholesale or retail nursery stock by a business licensed by the City of Milton. o. Construction zone. The first 30 feet of the improved area adjacent to and extending out from buildings and other major structures, and the first 15 feet adjacent to and extending out from driveways, parking lots, other impervious surfaces and sanitary sewer systems (septic tanks and primary drainfields). p. Critical root zone (CRZ). For a conserved tree, the ground and soil area to a depth of 24 inches within the larger of either the dripline or a circular area with a radius extending out from the trunk 1.5 feet for every 1 inch of DBH; for a tree planted within the last 3 years, the ground and soil area to a depth of 24 inches within the larger of the open soil surface area required by the tree, 1.5 feet for every 1 inch in DBH, or the area within the dripline. q. Crown. The entirety of a tree’s scaffold limbs, branches and leaves. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 6 r. DBH. The diameter at breast height (4.5 feet above the ground line) of the trunk of an existing tree, calculated by dividing the circumference of the trunk by 3.14. s. Developed property. A property on which improvements currently exist and for which a certificate of occupancy has been issued. t. Development permit. A land disturbance permit, building permit, demolition permit, minor plat approval, conceptual plan approval or other permit or approval issued by the community development department authorizing the commencement of the disturbance, alteration, improvement or development of a given tract of land. u. Dripline. The vertical line extending from the outermost edges of a tree’s branches to the ground, that forms, more or less, a circle on the ground centered on the tree’s trunk. v. Establishment period. For a newly planted tree, the time from planting until the beginning of the fourth growing season on -site. w. Existing tree. An established tree growing on-site for at least 3 complete growing seasons. x. Forested area. An area at least 50 feet wide in any one dimension and at least 2,500 square feet in total area consisting of at least 5 trees with 75 percent tree canopy cover. y. Growing season. March 1 to November 30. z. Hazardous tree. A tree that is likely to fail wholly or in part, under normal environmental conditions as determined by a certified arborist. aa. Healthy tree. A tree with a live crown ratio greater than 30 percent, less than 50 percent crown dieback, no major structural defects, a life expectancy of 15 years or greater, and free from signs or symptoms of irreversible decline, severe insect or disease infestation, severe chlorosis, or other life- threatening conditions. bb. Heritage tree(s). A tree or tree group that is designated by the administrator to be of notable community interest because of its outstanding age or size, landmark recognition or historical association. cc. Improved area. The area within 60 feet of and including the footprint of a building, pool, or other major structure, within 30 feet of and including a road, driveway, parking area, walkway, patio and other allowable impervious City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 7 surface, and within 15 feet of and including the footprint of the sanitary sewer system (septic lines, tank and primary drainfield) proposed for a lot. dd. Land disturbing activity. Any activity which may result in soil erosion from water or wind and movement of sediments into state water or onto land s within the state, including, but not limited to clearing, dredging, grading, excavating, transporting, and filling of land, but not including agricultural practices as set forth in the City of Milton Soil Erosion and Sedimentation Control Ordinance. ee. Landscape strip. An area required by the tree ordinance, the City of Milton zoning resolution or any condition of zoning, use permit or variance approval, which is reserved for the installation and/or maintenance of plant materials. ff. Live crown ratio. The percentage of the total height of a tree that is occupied by the tree’s live crown. gg. Lot. The basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. hh. Open soil surface area. The square foot area of the ground surrounding a planted tree that is required to remain permeable and open, covered only by a layer of mulch; the size of the area required varies by the mature height class of the tree being planted. ii. Passive tree protection. The ongoing avoidance of activities harmful to a tree, as further described in the tree ordinance, within the tree protection zone. jj. Planted tree. A tree that has been planted within the last 3 years and has not yet completed 3 growing seasons on-site. kk. Planting season. December 1 to March 1. ll. Priority area. An area on a lot where tree canopy cover is considered a priority over other areas due to the functions and benefits tree cover provides in that location. mm. Priority tree. A specimen or heritage tree. nn. Property. An area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 8 oo. Protected tree. Any tree growing on city property, any tree 6 inches DBH or greater growing on developed property, any tree conserved or planted to meet tree ordinance requirements, any tree 2 inches DBH or greater growing on undeveloped property, any specimen tree, and any heritage tree. pp. Remediation plan. A plan that may be required by the city arborist from a property owner or his/her authorized agent after a written notice of violation or stop work order has been issued for the property describing how the conditions of violation of the tree ordinance shall be remedied in accordance with the city arborist’s requirements and the conditions stated on the notice, order, or other pertinent documentation. qq. Scaffold limbs. The large limbs branching off from the main trunk that form the basic structure of the tree’s crown and support the remaining branches and leaves. rr. Soil compaction. A change in soil physical properties which includes an increase in soil weight per unit volume and a decrease in soil pore space caused by repeated vibrations or frequent traffic and weight that can result in physical root damage, reduced root penetration, a decrease in soil oxygen levels and an increase in toxic gases. ss. Specimen tree(s). A tree or contiguous stand of trees of special value to the community due to its quality, size, or species, and meeting general and specific criteria as set forth in the tree ordinance, as determined by the city arborist. tt. Standard tree canopy cover credit. The square feet of tree canopy cover assigned to each of the tree canopy size classes, as set forth herein and in the tree species list. uu. Street tree. A tree located within a road frontage that is conserved or planted for the purpose of providing tree canopy cover over the public street right-of-way. vv. Thinning. Selective cutting of trees for timber products with the remaining trees more or less evenly distributed across a property. ww. Timber harvesting. The felling of trees for timber products (pulpwood, sawtimber, etc.) as part of ongoing forest management practices, by thinning or clearcutting. xx. Topping. The improper practice of the severe cutting back of limbs to stubs larger than 2 inches in diameter within the tree’s crown to such a degree that City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 9 the tree canopy is removed or the crown shape typical of the species is disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in main branch and sprout production. yy. Tree. A self-supporting woody perennial plant with the potential to reach a minimum DBH of 3 inches and height of 15 feet at maturity under natural conditions. zz. Tree bank. A site registered with the city on city or private property with at least 8,000 square feet of open space where growing conditions are favorable for the establishment of trees, and on which trees may be planted to satisfy tree replacement or minimum tree canopy cover requirements for another property. aaa. Tree canopy cover. The cover provided by tree crowns over the ground surface, either individually or as a group; also, a measure of the percent of a lot covered by all tree canopy, calculated by dividing the total area of tree canopy cover by the total area of the lot, and multiplying by 100. bbb. Tree canopy fund. A revenue account established by the city for receiving payments in lieu of meeting tree canopy cover requirements, donations, fees, and fines, and used by the city for the purchase, planting, and maintenance of trees on city property and community forest management activities. ccc. Tree canopy plan. A site plan showing how tree canopy cover requirements will be met on a lot, which trees will be conserved, how they will be protected, which new trees will be planted and where, and how they will be maintained. ddd. Tree canopy size, tree canopy size class. The amount of tree canopy cover a tree can be expected to provide at maturity under urban conditions, as determined by the species and categorized in the tree species list into four (4) size classes: very wide (1,600 square feet); wide (900 square feet); narrow (400 square feet); and, very narrow (150 square feet). eee. Tree canopy value. The dollar value of 100 square feet of tree canopy cover as set forth in the city’s fee schedule, and used for calculating payments into the tree canopy fund. fff. Tree conservation manual. A supplement to the tree ordinance containing standards and procedures required for tree ordinance compliance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 10 ggg. Tree height class. The typical total height of a tree at maturity under urban conditions, as determined by the species and categorized in the tree species list into three (3) classes: large (greater than 50 feet tall); medium (25 to 50 feet tall); and, small (less than 25 feet tall). hhh. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal code of ordinances. iii. Tree protection zone (TPZ). The tree protection zone includes the critical root zone of a tree, the tree’s trunk and the entirety of the tree’s crown. jjj. Tree removal permit. A permit required before a protected tree can be removed, destroyed or irreparably damaged. kkk. Tree species list. The City of Milton Tree Species List, which is located in the tree conservation manual and contains the tree species approved, and not approved, for conservation and planting to satisfy tree replacement or tree canopy cover requirements. lll. Undeveloped property. A lot on which no improvements currently exist and for which no certificate of occupancy has been issued. mmm. Unhealthy tree. A tree with major structural defects, a live crown ratio less than 30 percent or 50 percent or more crown dieback, or a tree exhibiting signs or symptoms of irreversible decline, severe mistletoe infection, severe insect or disease infestation that cannot be practically controlled, or severe chlorosis, as determined by a certified arborist. 8. Protected Trees 8.1. There is hereby established a category of trees that shall be known as protected trees as defined herein. 8.2. Protected trees shall only be removed after the issuance of a tree removal permit or approval of a tree canopy plan. 8.3. Protected trees shall be passively protected throughout their lives as set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 11 9. Specimen Trees 9.1. A tree or tree stand shall be considered specimen if, as determined by the city arborist, it meets all the general criteria and at least one of the specific criteria as set forth herein. 9.2. An individual specimen tree must meet all the following general criteria: a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist; b. Crown size and shape typical of the species without significant dieback or disfiguration; c. Relatively sound and solid trunk with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two- thirds of the trunk area; d. No major insect or disease problems; and, e. Free from severe mistletoe infestation causing irreversible tree decline. 9.3. An individual specimen tree must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. Hardwood and softwood trees, except for pine species (Pinus spp.) with a minimum DBH of 24 inches for a tree in the large height class, 18 inches for a tree in the medium height class, and a minimum DBH of 8 inches for a tree in the small height class; b. Pine trees (Pinus spp.) with a minimum DBH of 27 inches; c. Rare or unusual species, shape or form; or, d. A tree specifically used by a builder, developer or design professional as a focal point in the landscape. 9.4. A specimen tree stand must be primarily composed of healthy trees, with no major insect or disease problems within the stand and must meet at least one of the following specific criteria: a. A relatively mature, even-aged stand; b. A stand with purity of species composition or of a rare or unusual nature; c. A stand of historical significance; d. A stand with exceptional aesthetic quality; or, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 12 e. A stand on a lot which is otherwise devoid of trees. 9.5. The city arborist shall make the determination of whether a tree or tree stand meets the criteria for specimen tree designation. 9.6. If removal of a specimen tree is approved, replacement requirements shall be as set forth in Section 25 of the tree ordinance. 9.7. When development is proposed for a lot, individual and stands of specimen trees shall be identified during the site survey process and documented on the tree canopy plan. 9.8. Special consideration shall be made to work around specimen trees and protect them. 9.9. Cost effective options for site, building, utility placement and hardscape and landscape designs that successfully conserve specimen trees are strongly encouraged. 9.10. All specimen trees successfully conserved and protected to meet tree canopy cover requirements shall be given 10 percent additional tree canopy cover credit over the actual or standard credit. 10. Heritage Trees 10.1. A tree or tree group shall be designated as heritage if it meets the criteria set forth herein, as determined by the administrator. 10.2. The administrator shall review heritage tree nominations and shall have the authority to designate trees as heritage. 10.3. Trees may be nominated for heritage tree status by either the tree owner or the city arborist by submitting a heritage tree nomination form to the community development department. 10.4. Within 15 business days after the submittal of a completed nomination form by a property owner to the community development department, the city arborist shall provide the administrator with a recommendation on whether the nominated tree or tree group should be designated as heritage. 10.5. For a tree or tree group to be designated as heritage, it must meet all the general criteria and at least one of the specific criteria set forth herein and as determined by the administrator. 10.6. A heritage tree or tree group must meet all the following general criteria: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 13 a. A healthy tree with a life expectancy greater than 15 years as determined by a certified arborist. b. Crown size and shape typical of the species without significant defects, dieback or disfiguration. c. Relatively sound and solid trunk with no more than one-quarter of the trunk circumference affected by wounds, cankers, decay or cavities, and with a column of decay in the center of the trunk encompassing no more than two- thirds of the trunk area. d. No major insect or disease problems. e. Free from severe mistletoe infestation causing irreversible tree decline. 10.7. A heritage tree or tree group must also meet, in addition to all the general criteria, at least one of the following specific criteria: a. State or county champion tree, as determined by the Georgia Forestry Commission (www.gfc.state.ga), or a tree that scores within 10 percent of the total score of a state or county champion tree of the same species using the scoring system described by the Georgia Forestry Commission. b. Documented age greater than 75 years old. c. An established and familiar feature or integral part of the community and its heritage and is recognized as such by the administrator. d. Designated by the Georgia Urban Forest Council (www.gufc.org) as a Landmark or Historic Tree. e. Documented historical significance. 10.8. When a tree removal permit application is submitted for a potential heritage tree or tree group, the city arborist shall inform the tree owner that the tree or tree group meets the criteria and will be nominated for heritage tree status before the tree removal permit is issued. 10.9. Only those trees listed on a tree removal permit application shall be eligible for heritage tree nomination by the city arborist. 10.1. Prior to the approval of a tree canopy plan for a lot that includes the proposed conservation or removal of a heritage tree or tree group, the city arborist shall inform the applicant that one or more trees on the lot meets heritage tree criteria and will be nominated for heritage tree status before the tree canopy plan is approved. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 14 10.2. Special consideration shall be made to work around heritage trees and protect them. 10.3. When development is proposed for a lot, heritage trees shall be identified during the site survey process and documented on the tree canopy plan. 10.4. Cost effective options for building, site, hardscape and landscape designs and utility placement that successfully conserve heritage trees are strongly encouraged. 10.5. The city arborist shall maintain a current list of designated heritage trees. 10.6. Heritage tree locations shall be recorded on the city’s GIS system. 10.7. All heritage trees successfully conserved and protected to meet tree canopy cover requirements shall be given 20 percent additional tree canopy cover credit over the actual or standard credit. 11. City of Milton Tree Species List 11.1. There is hereby adopted a City of Milton Tree Species List as set forth in the tree conservation manual that shall include species approved for conservation and planting to meet tree canopy cover requirements or replacement tree planting requirements. 11.2. The tree species list shall also include species not approved for tree conservation or planting to meet requirements that are invasive, have brittle or weak wood, poor structure or large thorns, are pest susceptible or are not well -suited to regional growing conditions. 11.3. Trees planted to satisfy tree canopy cover and tree replacement requirements of the tree ordinance shall be selected from the City of Milton Tree Species List. 11.4. A species of tree not on the City of Milton Tree Species List, or not approved for planting in a specific location, may be approved for planting by the city arborist if the species: a. Has a reasonable chance of success in the landscape; b. Is recommended by a certified arborist; c. Is not proposed for planting in large quantities; and, d. Has growth or habit characteristics that fit a specific need for the location. 11.5. Tree species not listed or approved by the city arborist for tree conservation or planting for the purpose of meeting tree canopy cover requirements shall not be eligible for tree canopy cover credit. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 15 12. City Tree Management 12.1. The city shall have the right to manage city trees, including planting, maintaining, pruning and removing trees within the rights-of-way of all city streets, roads, and highways, in parks, around city facilities, and on other city property as may be deemed necessary or desirable to achieve community forest goals. 12.2. It shall be unlawful and a violation of the tree ordinance to damage, destroy or remove any city tree, or engage in any prohibited activity listed in the tree protection standards within the critical root zone of a city tree, without a tree removal permit, right-of-way encroachment permit, or prior approval of the city arborist. 12.3. A tree protection plan submitted by the applicant and approved by the city arborist and a right-of-way encroachment permit issued by the department of public works shall be required prior to the commencement of any activity that is proposed on city property within the critical root zone of a city trees. 13. Hazardous Trees on Private Property 13.1. The city shall provide a written notice to the owner of any tree on private property that is in a hazardous condition and threatens public health, safety and welfare. 13.2. The written notice shall state the type of risk, the mitigation required and the time within which the mitigation shall occur. 13.3. Should the property owner fail to mitigate the risk within the stated time, the city may cause to have the risk mitigated and require the property owner to reimburse the city for the cost of such mitigation. 14. Variances 14.1. A person requesting a variance from the provisions of the tree ordinance shall do so in writing to the director of the community development department. 14.2. All variance requests shall be accompanied by a completed variance request application, a tree canopy plan or other documentation requested by the city arborist and a non-refundable filing fee in the amount set forth in the city’s current fee schedule. 14.3. The city arborist shall provide a recommendation on whether to approve the variance request to the board of zoning appeals. 14.4. The board of zoning appeals shall review the city arborist’s recommendation and decide on whether to approve the variance request. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 16 14.5. The board of zoning appeals may approve a variance to any provision of the tree ordinance where the unique natural features of the lot are such that application of these regulations would create an undue hardship to the property owner, and in other instances where an undue hardship is created for the property owner . 14.6. The following factors shall be considered in evaluating the variance request: a. Whether a literal enforcement of the tree ordinance will create an undue hardship or an unreasonable practical difficulty on the applicant; b. Whether the situation causing the undue hardship or practical difficulty is unique to the affected lot and is not self-imposed; c. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree; d. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties; e. Whether the increased development costs caused by conserving the tree create an undue hardship on the development of the lot; f. Whether there is any identified adverse effect of the alteration or conservation on erosion, soil moisture retention, flow of surface water, and drainage systems; g. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses. h. The costs versus the benefits of relocating required utility service infrastructure and easements based on the conservation or alteration of protected trees; i. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree; j. Whether the alteration adversely affects public health, safety and welfare; k. Whether the granting of the variance will be in harmony with the purpose and intent of the tree ordinance to the greatest degree reasonably possible. 15. Appeals 15.1. Any person aggrieved or adversely affected by any decision of the city arborist relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the director of the community development department for relief or reconsideration. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 17 15.2. Any person aggrieved or adversely affected by any decision of the director of the community development department relating to the application of the tree ordinance may file an appeal within 30 days of the decision with the board of zoning appeals through the director of the community development department. 15.3. Appeals shall only be granted for errors of interpretation. 16. Inspections 16.1. The administrator or his/her agent(s) shall have the authority to conduct inspections as required by the tree ordinance, and periodically or as deemed necessary to monitor land disturbing activities, tree removal activities, or other permitted or non-permitted activities for compliance with the tree ordinance. 16.2. No person shall refuse entry or access to any authorized agent(s) of the city who requests entry for the purpose of inspection and who presents appropriate identification, nor shall any person obstruct, hamper or interfere with any such agent while in the process of carrying out his/her official duties. 16.3. The city arborist shall be the primary individual responsible for conducting site inspections and, at a minimum, shall make the following inspections: a. Prior to approval of a tree removal permit, right-of-way encroachment permit, tree canopy plan, tree protection plan, or tree planting and maintenance plan and prior to making a recommendation to the Planning Commission on a tree ordinance variance request for the purpose of assessing site and tree conditions; b. After permit or plan approval and after installation of tree protection measures required and before any land disturbance or right-of-way encroachment occurs to assess compliance with tree protection requirements; c. Prior to the issuance of a certificate of occupancy or final plat approval to assess compliance with the tree canopy plan and all tree ordinance requirements; and, d. One (1) and three (3) years after project completion and issuance of a certificate of occupancy or final plat approval to assess tree health and survival on properties with an approved tree canopy plan. 16.4. Additional site inspections may take place at any time before, during and/or after project completion to monitor compliance with applicable tree ordinance requirements. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 18 16.5. The city arborist shall document each inspection on a site inspection form. 16.6. The city arborist may also monitor tree canopy cover on a lot using the city’s geographic information system and current aerial photogr aphy for assessing ongoing compliance with tree canopy cover requirements, and shall maintain a record of such measurements. 17. Enforcement 17.1. It shall be the duty of the administrator and his/her agent(s) to enforce the tree ordinance. 17.2. The administrator or his/her agent(s) shall have the authority to modify, revoke, suspend, or void any development permit, right-of-way encroachment permit or tree removal permit and suspend all work on a property or any portion thereof if a violation occurs until it is determined that the property is in full compliance with the tree ordinance. 18. Notice of Violation 18.1. If, through inspection, it is determined that an applicant , his/her authorized agent(s), or other person or company has engaged in land disturbing or other prohibited activities which have resulted in the damage or removal of trees without a required permit or approval, or failed to comply with the terms and conditions of an approved tree removal permit or tree canopy plan, or is otherwise responsible for a violation of the tree ordinance, then a written notice of violation may be served upon the applicant, his/her authorized agent(s), and/or other person or company responsible for the land disturbance or prohibited activity. 18.2. The notice shall set forth the measures necessary to correct the violation and achieve compliance and shall state the time frame within which such measures must be completed. 18.3. If the applicant, his/her authorized agent(s), or the person or company otherwise responsible for the violation fails to correct the violation or comply with tree ordinance requirements within the time frame specified on the notice of violation, he/she shall be subject to a citation and may be subject to a stop work order, fines, and penalties pursuant to sections 19 and 20 of the tree ordinance. 18.4. Reinspection to assess compliance after a violation shall require a separate re- inspection fee as set forth in the city’s fee schedule. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 19 19. Stop Work Order 19.1. The administrator may require that work on any project that is in violation of the tree ordinance be immediately stopped to avoid further damage and until such time that the violation has been remedied to the satisfaction of the city arborist. 19.2. The issuance of a written or verbal notice of violation is not required prior to or in conjunction with the stop work order if the city arborist or city inspector determines that work must be stopped immediately to avoid further damage. 19.3. The stop work order shall: a. Be in writing; b. State specific violations; c. Be given to the applicant, property owner, the authorized agent(s) of either, or the person performing or responsible for the activity resulting in the violation; d. State the conditions under which work may be resumed; and, e. Allow only erosion control work to continue while the stop work order is in effect. 19.4. Where an emergency exists, a verbal order to stop work by the administrator or his/her agent(s) shall be given, with issuance of a written order required within 24 hours. 19.5. The city arborist may require that a revised tree canopy plan or separate remediation plan be submitted for approval before remediation or any other work commences on-site. 19.6. The following violations shall result in issuance of an emergency, verbal stop work order: a. Land disturbing or tree removal within state water buffer or zoning buffer; b. Land disturbance within the critical root zone of protected trees or removal of trees designated for conservation on an approved tree canopy plan; c. Non-permitted protected tree removal, land disturbance, or prohibited activities within the critical root zone of a specimen or heritage tree; or, d. Improper installation or maintenance of required tree protection measures. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 20 20. Fines and Penalties 20.1. Fines and penalties shall be assessed for citations, according to the following criteria: a. Any person who violates any provisions of the tree ordinance may be fined up to $1,000 per tree; b. Each calendar day a violation exists shall be considered a separate offense; c. There are no maximum limitations to the accrual of fines; d. In the event a city tree is damaged or destroyed, the person responsible may be required to reimburse the city for the appraised tree value; e. The replacement of trees and additional tree canopy cover may be required in addition to other fines or penalties imposed; f. Offenses shall be tried in Milton Municipal Court; g. Each owner of property wherein a violation exists, or each owner of a boundary tree, shall be jointly responsible for said violation; and, h. Fines received for violations to the tree ordinance shall be deposited into the tree canopy fund. ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY 21. Tree Canopy Management 21.1. On developed properties, tree canopy cover shall be managed through establishing tree canopy priorities, tree canopy cover requirements and tree removal permitting and replacement requirements. 22. Tree Canopy Priorities 22.1. Priority areas on developed properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages; c. Turf areas; d. Required yards; e. Landscape strips and landscape islands; and, f. Buffers. 22.2. Priority trees for conservation shall be specimen and heritage trees. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 21 23. Tree Canopy Cover Requirements 23.1. The minimum amount of tree canopy cover required on a developed lot, in the absence of further development, shall be the amount existing as of the date of adoption of the tree ordinance. 23.2. When an application for a land disturbance, building or demolition permit for additional improvements to a developed lot that will affect, in any way, the existing tree canopy cover on the lot, or when an application for minor plat approval or conceptual plan approval is submitted for a lot previously developed, the amount of tree canopy cover required shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance, and a tree canopy plan shall be required. 24. Tree Removal Permit 24.1. On a developed lot that is not undergoing further development or improvement, a tree removal permit is required prior to the removal of any protected tree or before any protected tree is irreparably damaged or destroyed, resulting in the need for its removal. 24.2. The removal of a protected tree without a tree removal permit shall constitute a violation of the tree ordinance and may result in a citation and fine for the tree owner and any person involved in cutting, removing or damaging the tree. 24.3. Application for a tree removal permit shall be made by the tree owner or his/her authorized agent, to the community development department. 24.4. A tree removal permit shall not be required for the removal of city trees by the city or its authorized agent(s). 24.5. A tree removal permit is not required to remove a tree causing imminent threat to people, property or public health, safety and welfare or under emergency conditions. 24.6. A tree removal permit is required for the removal of a dead, unhealthy or invasive tree. 24.7. A tree removal permit application fee shall be required, except for an application for the removal of a dead, unhealthy or invasive tree. 24.8. The city arborist shall make a site visit to inspect the trees proposed for removal within 10 days of the date of application and prior to approving or denying the tree removal permit application to: a. Verify the information contained in the application; City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 22 b. Verify the amount of tree canopy cover proposed for removal; c. Determine replacement requirements; and, d. Evaluate other conditions on the lot that may affect the city arborist’s decision to approve or deny the tree removal permit application. 24.9. A tree removal permit shall be approved if one or more of the following conditions are met, as determined by the city arborist, or a written report from a certified arborist: a. Tree is dead, unhealthy, or invasive; b. Tree is in irreversible decline or at the end of its normal life span; c. Tree is infested with an insect or disease that has compromised the tree’s health and survival, or may harbor an insect or disease organism that threatens surrounding trees; d. Tree is at risk for whole or partial tree failure; e. An unresolvable conflict exists between the tree and overhead utility lines, underground utility lines, utility infrastructure, sidewalks, walkways, other paved surfaces, or an existing structure; f. Removal of the tree is necessary for sight, traffic, pedestrian, vehicle, traffic sign, or other safety-related clearance; g. Trunk wounds with decay exist that cover greater than 25 percent of the circumference of the trunk; h. Trunk cavity or central column of decay exists that is greater than two-thirds the diameter of the trunk at the point of the cavity; i. Structural defects exist in the scaffold limbs, where defect correction through pruning will result in removal of 50 percent or greater of the tree’s crown; j. Litter originating from the tree creates an unsafe condition or poses a hazard to public health, safety and welfare; or, k. Tree is located such that a desired use on a lot (construction, installation, or expansion of a building, pool, garden, or other site amenities) is not possible without the removal of the tree, except that every effort shall be made to place such structures or amenities where tree removal will not be required. 24.10. A tree removal permit may be approved under other unique conditions or extenuating circumstances by the city arborist. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 23 24.11. Conditions under which protected tree removal is not permitted include but are not limited to: a. Removal of trees in excess of the number of trees necessary for the reasons stated on the permit application; b. Tree health or structural issues have not been confirmed by the city arborist or a certified arborist; c. Tree removal is proposed for the purpose of sign installation, clearance or visibility, excluding traffic, directional, warning or information signs owned by any public or semi-public agency; d. For unwanted production of a normal amount of leaves, fruit, or other organic litter that does not create an unsafe condition or that is not a hazard to public health, safety and welfare; e. To reduce the amount of native tree canopy cover on the lot to install formal, non-native landscaping; f. To substantially increase the amount of turf on the lot without a specific purpose; and, g. To substantially increase the amount of impervious surface on the lot through paving, building construction, or other such imper vious feature without an approved tree canopy plan. 24.12. The city arborist will take into consideration the amount of tree canopy cover existing on the lot at the time of application for a tree removal permit, the total square feet of tree canopy cover proposed for removal, and the number of tree removal permits approved for the lot within the last five (5) years. 24.13. When trees are removed on a lot without a tree removal permit under imminent threat or emergency conditions, the owner of such trees shall provide an oral or electronic notice via telephone, text or e-mail to the city arborist prior to or immediately after the removal. 24.14. Should the city arborist determine that an imminent threat or emergency removal was not warranted, an after-the-fact permit and fee shall be required in addition to replacement tree planting pursuant to Section 25 of the tree ordinance. 24.15. Replacement of the tree canopy removed, whether permitted or not permitted, shall be required pursuant to Section 25. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 24 25. Tree Canopy Replacement 25.1. The square feet of tree canopy cover provided by a protected tree that is approved for removal on a lot shall be replaced if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.2. The square feet of tree canopy cover provided by a protected tree that is topped on a developed commercial or non-residential lot shall be replaced on the lot regardless of whether the lot has the minimum tree canopy cover listed in Table 1. 25.3. Tree canopy replacement shall not be required after the approved removal of a dead, unhealthy, or invasive tree, a tree posing an imminent threat, or a tree removed under emergency conditions. 25.4. Tree canopy replacement shall not be required after the approved removal of trees on a AG-1 zoned lot greater than 3 acres that is intended for agricultural land use or use as an equestrian estate or horse farm as follows: a. A waiver of minimum tree canopy cover requirements shall be assigned to the lot if requested in writing by the property owner. b. If the lot is not used for agricultural use, an equestrian estate, or horse farm within 2 years after the approved removal of trees for such use then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be required on the lot within 1 year after the issuance of a written notice of non-compliance by the city. c. Upon application for a development permit on a lot with a waiver of minimum tree canopy cover requirements: 25.4.c.1. The waiver shall become invalid; 25.4.c.2. Tree canopy cover requirements shall be the same as for an undeveloped lot pursuant to Article III of the tree ordinance; 25.4.c.3. A tree canopy plan shall be required showing how tree canopy cover requirements will be met on the lot; and, 25.4.c.4. No development permits shall be issued until a tree canopy plan is approved by the city arborist for the lot. 25.5. For specimen tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 20 percent, shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 25 25.6. For heritage tree replacement, the square feet of tree canopy cover approved for removal, plus an additional 40 percent, shall be replaced on the lot if, after the removal, the lot has less than the minimum tree canopy cover listed in Table 1. 25.7. Protected trees approved for removal because they have excessive or hazardous litter or noxious fruiting habits, including specimen or heritage trees, shall require replacement of no more than one-half of the tree canopy cover approved for removal. 25.8. Replacement trees shall be a minimum of 2-inch caliper for non-specimen and non-heritage protected trees and 4-inch caliper for specimen or heritage trees at the time of planting. 25.9. When a protected tree is removed without a tree removal permit, two (2) times the standard tree canopy cover credit for the species for non-specimen and non- heritage protected trees, and four (4) times the canopy removed or standard tree canopy cover credit, whichever is greater, for specimen trees and eight (8) times the canopy removed or standard tree canopy cover credit, whichever is greater, for heritage trees, shall be replaced on the lot with 4-inch caliper trees regardless of whether the lot meets minimum tree canopy cover requirements. 25.10. For specimen and heritage tree removal and replacement on commercial and non-residential properties, an approved tree planting and maintenance plan as described in Section 27 shall be required prior to the approval of a tree removal permit. 25.11. A tree planting and maintenance plan shall be required for replacement of specimen and heritage trees on developed commercial and non-residential properties; the plan shall be drawn to scale and include the following: a. Location of lot boundaries; b. Trunk location, species, DBH, and actual tree canopy cover of specimen and heritage trees proposed for removal; c. Trunk location, species, caliper, and tree canopy cover credit for replacement trees proposed for planting; d. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 26 e. Contact information for the person responsible for monitoring compliance with the tree planting and maintenance plan. 25.12. All planting and maintenance activities for required replacement trees shall be completed in accordance with the standards set forth in the tree conservation manual. 25.13. Alternative compliance for tree replacement, as further described herein, may be recommended by the city arborist and approved by the administrator. 25.14. Replacement trees shall be passively protected throughout their lives. ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY 26. Tree Canopy Management 26.1. On undeveloped properties, tree canopy cover shall be managed through tree canopy cover requirements, and tree conservation and planting to meet those requirements. 27. Tree Canopy Priorities 27.1. Priority areas on undeveloped properties for tree conservation and planting shall be: a. Rural viewsheds; b. Road frontages: c. Parking lots; d. Landscape strips and landscape islands; and, e. Buffers. 27.2. Priority trees for conservation shall be specimen and heritage trees. 28. Tree Canopy Plan 28.1. An approved tree canopy plan shall be required as a condition of approval of any land disturbance, building, or demolition permit, minor subdivision plat or conceptual subdivision plan. 28.2. An approved tree canopy plan shall serve as an approved tr ee removal permit for the purposes of land development. 28.3. The tree canopy plan shall be certified by a certified arborist, registered forester or registered landscape architect. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 27 28.4. The tree canopy plan shall include a site survey, a tree protection plan for existing trees that will remain on a lot and a tree planting and maintenance plan for trees to be planted on the lot to meet tree canopy cover requirements, and shall include the following: a. A table summarizing how tree canopy requirements will be met with conserved and planted trees; b. Surveyed trunk location, DBH, species of all individually growing trees on the lot, with specimen and heritage trees identified; c. Location of tree groups and forested areas with description of primary species and average DBH; d. Trunk location, species, DBH, location of the critical root zone and square feet of tree canopy cover of individual trees proposed for conservation; e. Trunk location, species, and caliper of all trees proposed for planting; f. Outline of the improved area and construction zone; g. Location of all existing and proposed improvements, including buildings, driveways, walkways, other structures and impervious surfaces, and sanitary sewer systems; h. planting, staking and mulching; i. Location and type of all existing and proposed utilities; j. Location of storage and parking areas for soil, construction materials, personal vehicles and construction equipment; k. Location of equipment washout rea and equipment maintenance area outside of all tree protection zones and tree planting areas. l. Location of ingress and egress points and access roads for vehicles and construction equipment; m. Grade changes, areas of excavation and fill, location of retaining walls, and other changes to the existing grade that may affect the critical root zones of trees proposed for conservation; and, n. Name and contact information of property owner and primary authorized agent(s) responsible for tree canopy plan compliance. 28.5. The site survey shall be certified by a registered surveyor. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 28 28.6. A tree protection plan shall be required as part of the tree canopy plan when trees are proposed for conservation to meet tree canopy cover requirements and may be a separate plan or a part of the tree canopy plan. 28.7. A tree protection plan shall be required with an application for a right-of-way encroachment permit either related, or unrelated, to development, for any activity on city or private property that will encroach on the critical root zone of a city tree. 28.8. The tree protection plan shall be certified by a certified arborist or registered forester. 28.9. The city arborist shall be responsible for reviewing all tree protection plans and shall determine whether the tree protection plan complies with all applicable tree ordinance requirements. 28.10. For tree protection plans required for right-of-way encroachment permit applications, a tree protection plan review fee shall be required at the time of application in an amount set forth in the city’s fee schedule. 28.11. The tree protection plan shall include the following: a. Map of the lot delineating where disturbance activity will occur; b. Trunk location, species, and DBH of trees to be protected; c. Location of the limits of the critical root zones and tree protection fencing; d. Notations of all methods of tree protection to be used with descriptions of materials to be used; e. Illustrations and construction details for tree protection zone and tree protection fencing; f. Sign and text size, color, composition, and text of signage to be used in identifying the area as a tree protection zone; and, g. Name and contact information for the person responsible for monitoring and maintaining tree protection measures during construction. 28.12. A tree planting and maintenance plan shall be required as part of the tree canopy plan when trees are proposed for planting on a lot to meet tree canopy cover requirements, and for the planting of replacement trees for specimen and heritage trees approved for removal on developed commercial and non- residential properties. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 29 28.13. The tree planting and maintenance plan shall be certified by a certifie d arborist, registered forester, or registered landscape architect. 28.14. The city arborist shall be responsible for reviewing all tree planting and maintenance plans and shall determine whether the plan complies with all applicable tree ordinance requirements. 28.15. The tree planting and maintenance plan required with the tree canopy plan shall be drawn to scale and shall include the following: a. Location of lot boundaries. b. Trunk location, species, caliper of all trees proposed for planting on the lot to meet tree canopy cover requirements; c. A 3-year maintenance plan and schedule to include timing of mulching, mulching materials, timing and method of irrigation, timing and purpose of proposed pruning, timing of removal of staking, and timing of inspections; and, d. Contact information for person responsible for monitoring compliance with the tree planting and maintenance plan. 28.16. The tree canopy plan, site survey, tree protection plan, and tree planting and maintenance plan may be combined onto a single plan if all required information can be clearly depicted 28.17. The city arborist shall be responsible for reviewing all tree canopy plans and shall decide whether the tree canopy plan shall be approved, denied, or approved with changes. 28.18. A tree canopy plan review application fee shall be required at the time of plan submittal in an amount set forth in the city’s fee schedule. 28.19. No tree damage or removal, or land disturbance shall take place on an undeveloped lot without an approved tree canopy plan showing how tree canopy cover requirements will be met. 28.20. Conformance with all aspects of an approved tree canopy plan, as determined by the city arborist, shall be required prior to the issuance of a certificate of occupancy or final plat approval. 28.21. All tree protection, planting and maintenance activities shall be completed in accordance with the standards set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 30 29. Tree Canopy Cover Requirements 29.1. Tree canopy cover shall be required on all undeveloped properties as a condition of development. 29.2. The amount of tree canopy cover required on a lot as a condition of development shall be the amount currently existing outside of the improved area and within the lot boundaries, or the minimum amount set forth in Table 1, whichever is greater, and shall include trees in required locations as described in Section 29. 29.3. The minimum amount of tree canopy cover required shall be based on the zoning district, and lot size for residential properties, and shall be as set forth in Table 1. Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area AG-1 60% C-1 50% CBS 50% CS 50% CUP 60% H 30% MHP 60% MIX 40% NUP 60% O-I 40% R-1 60% R-2 60% R-2A 60% R-3 50% R-3A 50% R-4 50% R-4A 50% R5 40% R-5A 40% R-6 40% Suburban A 50% T2 60% T3 50% T4 30% City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 31 Table 1. Minimum Tree Canopy Cover Required Zoning District Minimum Tree Canopy Cover Required as a Percent of Total Lot Area T4 - Open 30% T4P 30% T4R 30% T5 10% T5R 10% T6 10% TR 30% Residential lots less than 1 acre, regardless of zoning district 40% Residential lots less than 1/3 acre, regardless of zoning district 20% Residential lots greater than 1.5 acres with documented agricultural land use 0% Residential lots greater than 1.5 acres with 25 percent or less tree canopy cover for 10 years prior to development ½ tree canopy cover requirement for the zoning district Residential lots 5 acres and greater with greater than 25 percent tree canopy cover and less than 15 percent impervious surface cover The requirement for the zoning district less 5 percent Residential lots 5 acres and greater with greater than 25 percent tree canopy cover and less than 10 percent impervious surface cover The requirement for the zoning district less 10 percent 29.4. In subdivision developments, tree canopy cover requirements shall apply to both the entire development and to each lot within the development. 29.5. Residential lots that are greater than 1.5 acre and have had 25 percent tree canopy cover or less for at least 10 years prior to development shall have their minimum tree canopy cover requirement reduced by one-half, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. 29.6. Residential lots that are 5 acres or greater in size with greater than 25 percent tree canopy cover shall have their minimum tree canopy cover requirement reduced by 5 percent (for example, a requirement of 60 percent becomes 55 percent) if they also have less than 15 percent total impervious surface on the City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 32 lot, or by 10 percent (i.e., a requirement of 60 percent becomes 50 percent) if they also have less than 10 percent total impervious surface on the lot. 29.7. Residential lots that are greater than 3 acre shall be exempt from minimum tree canopy cover requirements if the proposed use is for an equestrian estate, horse farm or other agricultural land use, except that trees shall still be required in rural viewsheds, road frontages, parking lots, landscape strips and buffers as required by the tree ordinance and the zoning regulations. In such cases, a waiver of minimum tree canopy cover requirements shall be assigned to the lot. If the property is not used for agricultural use, an equestrian estate, or horse farm for any 2-year period after the issuance of a certificate of occupancy, then the waiver shall become invalid and the minimum tree canopy cover listed in Table 1 shall be established on the lot within 1 year after issuance of a written notice of non-compliance by the city. 29.8. Recompense for specimen trees approved for removal within the improved area shall be required at 120 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements. 29.9. Recompense for heritage trees approved for removal within the improved area shall be required at 140 percent of the actual amount of tree canopy cover removed regardless of whether the lot meets minimum tree canopy cover requirements. 29.10. Trees shall be conserved for tree canopy cover credit in accordance with the requirements that follow. a. All healthy trees outside of the improved area shall be conserved and protected from damage during construction. b. Trees outside of the construction zone, but within the remaining improved area, may be conserved for tree canopy cover credit if they can be successfully protected from damage during construction as determined by the city arborist. c. Trees shall be conserved to the greatest extent possible in priority areas to meet tree canopy cover requirements. d. Regardless of whether the lot meets minimum tree canopy cover requirements, trees shall be required, either conserved or planted, in rural viewsheds, road frontages, parking lots, landscape islands, landscape strips and buffers as set forth in the zoning regulations and Section 29 of the tree ordinance. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 33 e. Existing trees 2 inches DBH and greater, except for invasive species listed on the tree species list or otherwise known to be invasive, shall be eligible for tree canopy cover credit. f. Every effort should be made to conserve trees, especially pine trees, in groups or stands as the conservation of a single or few t rees previously growing within a stand will predispose such trees to windthrow. g. Individual trees without overlapping crowns shall be given their actual tree canopy cover or the standard tree canopy cover credit for the species. h. Groups of 4 or less trees with overlapping crowns and less than 2,500 square feet of tree canopy cover shall be given the actual tree canopy cover credit for the group as a whole. i. Forested areas shall be given the actual tree canopy cover credit for the forested area as a whole. j. Individual trees within forested areas shall not individually or separately be given tree canopy cover credit. k. Forested areas shall remain in an undisturbed condition and turf, mowing, removal of the natural leaf litter, and clearing of underbrush other than invasive plants are prohibited within the limits of the forested area. l. No tree maintenance shall be required in forested areas, except for that necessary to maintain a healthy stand of trees. m. Forested areas dominated by non-native, invasive, and/or exotic plant species (kudzu, for example) shall not be eligible for tree canopy cover credit. n. A tree removal permit is required to remove a protected tree within a forested area. o. Trees conserved to meet tree canopy cover requirements shall be actively protected during construction and passively protected at all times. p. On commercial and other non-residential properties, specimen and heritage trees that have been conserved to satisfy tree canopy cover requirements shall be passively protected throughout their lives. q. Tree canopy cover credit shall be assigned to conserved individual trees and groups of trees as further set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 34 29.11. Tree Planting for Canopy Credit a. When tree conservation alone cannot satisfy the tree canopy cover and location requirements, the planting of additional trees shall be required. b. A standard amount of tree canopy cover credit shall be assigned to a planted tree based on its species and tree canopy size class as set forth in the tree species list located in the tree conservation manual. c. Trees planted to meet tree canopy cover requirements shall be passively protected at all times. 30. Required Tree Locations 30.1. Rural Viewsheds a. Where rural viewsheds are required in accordance with zoning regulations, the entire area encompassed by the rural viewshed shall be eligible for tree canopy cover credit. b. For minor subdivisions and individual undeveloped residential properties, the conservation of trees in a rural viewshed shall be eligible for a bonus of 20 percent additional square feet of tree canopy cover credit. For example, if the rural viewshed has 3,000 square feet of actual tree canopy cover, a bonus of 600 square feet will be added as a bonus for a total credit of 3,600 square feet. c. Individual conserved or planted trees within rural viewsheds shall not be given tree canopy cover credit individually or separately. d. No disturbance of the vegetation, including herbaceous plants, shrubs or vines, is allowed within forested areas conserved for rural viewsheds, except for the removal of Chinese privet (Ligustrum sinense), kudzu (Pueraria montana var. lobata), or English ivy (Hedera helix) and other invasive species with city arborist approval. e. Trees shall be planted at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. 30.2. Road Frontages a. In all new developments, a minimum of 1 street tree per 30 linear feet shall be required along road frontages on private property to provide tree canopy over paved streets, sidewalks, and trails. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 35 b. Street tree requirements may be met with either conserved or planted trees. c. For planted street trees, the amount of available growing space above and below ground shall dictate which tree species may be planted as set forth in the tree conservation manual. d. Trees of the largest mature height and widest tree canopy size classes that match the available growing space within the road frontage shall be planted. e. Street trees shall be planted at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist if the design meets the purpose and intent of the tree ordinance. f. Street trees may be planted on the city street right-of-way if adequate growing space does not exist within the private property road frontage, but does exist within the city street right-of-way, if approved by both the city arborist and public works director. 30.3. Parking Lots a. Parking lot landscaping shall conform to requirements in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64- 238 – Parking lot landscaping, and to the requirements set forth herein. Where differences between the provisions exist, the more restrictive provisions shall prevail. b. All parking lots shall be required to have a minimum of 60 percent tree canopy cover. c. Trees shall be evenly distributed throughout the parking lot to maximize tree functions and benefits. d. There shall be a minimum of one (1) very wide or wide canopy tree for every 6 parking spaces. e. Trees in the very narrow tree canopy size class shall not be eligible for tree canopy cover credit in parking lots. f. At least 75 percent of the trees planted to meet parking lot tree canopy requirements shall be trees in the very wide or wide tree canopy size classes. g. No parking space shall be greater than 60 feet from the trunk of a tree. h. All trees planted within parking areas or otherwise surrounded by pavement shall have a minimum amount of open soil surface and rooting area in accordance with the standards set forth in the tree conservation manual. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 36 i. In parking lots and other paved areas where expanded rooting and water infiltration areas are created with permeable pavement, structural soils or suspended pavement, the minimum open soil surface area may be reduced up to 50 percent if permeable pavement is used or up to 30 percent if structural soils or suspended pavement are used. j. Light poles and trees shall not share parking lot landscape islands to eliminate the need for severe pruning of tree crowns as they mature. k. Stormwater runoff into parking lot landscape islands may be permitted upon approval by the city arborist if the design meets the intent and purpose of the tree ordinance. 30.4. Landscape Strips a. Landscape strips shall be required as set forth in Chapter 64. – Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64-237 – Minimum landscape strips and buffers, zoning regulations and the requirements set forth herein; where differences between the provisions exist, the more restrictive provisions shall prevail. b. Trees within required landscape strips shall be provided as follows: 30.4.b.1. In landscape strips 25 feet wide or less, a minimum of one (1) tree for every 30 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist. 30.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree for every 20 linear feet of landscape strip, at a spacing compatible with tree placement standards set forth in the tree conservation manual, except that closer spacing or clumping may be approved by the city arborist. 30.4.b.3. Clumping is permitted to create a more natural-looking landscape. 30.4.b.4. All required landscape strips shall be designed with at least 60 percent tree canopy cover with no more than 40 percent cover in grass or ground cover. 30.4.b.5. All species within required landscape strips must be ecologically compatible with the growing site. 30.4.b.6. Trees in the very narrow or narrow tree canopy size class in the tree species list shall not be used to satisfy landscape strip requirements unless City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 37 adequate growing space does not exist for trees in the wide or very wide tree canopy size classes. 30.4.b.7. No permanent structures shall be permitted within landscape strips, including retaining walls, curbing, dumpsters, detention facilities, etc. 30.4.b.8. Monument signs, fences, drainage structures, or sidewalks may be permitted within landscape strips if it is determined by the city arborist that their placement is consistent with the purpose and intent of this ordinance. 30.4.b.9. Curb stops shall be used to prevent vehicle overhang into require landscape strips and parking lot landscape islands, with one curb stop per parking stall required. 30.4.b.10. Signs within required landscape strips shall be subject to the approval of the department of community development and may only be located in areas of turf or groundcover, and shall not conflict with the growing space designated for trees and shrubs. 30.4.b.11. The deposition of stormwater runoff into drainage swales through landscape strips is not permitted. Exceptions will be considered by the city arborist only if this standard will create an undue hardship to the property owner. Unless approved by the city arborist, the width of a drainage easement through a landscape strip shall not exceed the width of the strip. 30.4.b.12. When fencing is required as a condition of rezoning, the finished surface of the fence must face externally to the project. The exact location for fence placement within the landscape strip will be determined on a case by case basis by the city arborist and may be approved if the design meets the intent and purpose of the tree ordinance. 30.5. Buffers a. Buffers required pursuant to Chapter 64 – Zoning shall provide a visual and noise barrier and where sparsely vegetated or where disturbed for approved access and utility crossings, they must be replanted. b. Required buffers shall remain undisturbed and actively protected for the duration of the permitted use for the site. c. Buffers must be replanted where sparsely vegetated or where disturbed for approved access and utility crossings. d. Trees approved for planting in buffers shall be primarily slow growing evergreen trees selected from the tree species list and shall be subject to the City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 38 approval of the city arborist; up to 15 percent of the trees conserved or planted in buffers may be small height class hardwood trees approved for buffers as indicated on the tree species list. e. Trees shall be a minimum of five (5) feet in height at time of planting, with branching all the way to the ground required for evergreen trees. f. The number of planting rows for trees in buffers shall be determined by the buffer width, as set forth in Table 2. Table 2. Minimum Rows for Buffers by Width Buffer Width Minimum Planting Rows Less than 20 feet 2 rows 20 feet to 30 feet 3 rows 31 feet to 50 feet 4 rows Greater than 50 feet 4 plus 1 row for each additional 15 feet g. Drainage through buffers is subject to the approval of the administrator. h. Encroachment into buffers for the construction of retaining walls, footings, or wall supports is not permitted unless otherwise specified in the conditions of rezoning. Encroachments into buffer shall require zoning modifications or variances as applicable. i. All buffers require a 10-foot improvement setback interior to the buffer. j. No grading is allowed in the improvement setback unless permission is obtained from the administrator. k. Signs are not permitted within required undisturbed buffers. 31. Topped Trees 31.1. Trees that have been topped shall not be eligible for tree canopy cover credit. 31.2. On developed commercial and non-residential properties, the credit previously given to a protected tree as shown on an approved tree canopy plan that is subsequently topped shall be revoked and replacement tree canopy shall be required in an amount equal to the tree canopy credit assigned to the topped tree. 32. Minimum Landscape and Maintenance Requirements 32.1. Prior to the issuance of a certificate of occupancy or final plat approval, minimum landscape requirements shall be met that include the following: City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 39 a. All exposed ground on a lot shall be covered with either turf, herbaceous plants, shrubs or trees; b. The planting of English ivy, Chinese privet, kudzu or other invasive species as a ground cover shall be prohibited; c. The critical root zone of all individually growing trees shall be mulched; d. Tree groups not within a forested area shall be mulched as a group; e. Forested areas shall be left undisturbed with the natural leaf litter layer on the surface remaining intact; and, f. Mulching shall conform to the standards set forth in the tree conservation manual. 32.2. After the issuance of a certificate of occupancy or final plat approval, minimum landscape maintenance shall include the requirements that follow. a. Protected trees that are approved for removal shall be replaced pursuant to Section 25. b. Trees required within rural viewsheds, road frontages, landscape islands, landscape strips and buffers shall be maintained in accordance with the standards set forth in the tree conservation manual. c. Trees planted to meet tree ordinance requirements shall be passively protected at all times. 33. Landscape Performance Bond 33.1. When the planting of trees and other required landscape plants cannot be completed during the planting season, a landscape performance bond shall be issued to the city. 33.2. The amount of the bond shall be equal to 125 percent of the total cost to purchase and install the trees and landscape plants based on the average of three (3) written estimates provided by the applicant. 33.3. The planting of trees and landscape plants covered by a landscape performance bond shall be completed within 1 year of the issuance of the bond. 33.4. If tree planting is not completed within 1 year of the issuance of the bond, the city may use the bond to plant the required trees and landscape plants on the lot, or off-site in a registered tree bank. 33.5. Upon the successful planting of all required trees and landscape plants by the applicant, the landscape performance bond shall be returned. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 40 34. Certificate of Occupancy and Final Plat Approval 34.1. A certificate of occupancy or final plat approval shall only be issued if all the following conditions have been met: a. Applicant meets all tree ordinance requirements. b. Lot conforms to all aspects of the tree canopy plan. c. All trees required to be planted by the tree canopy plan, tree planting and maintenance plan, remediation plan, City of Milton zoning ordinance, variance conditions or other conditions for a development permit or plan approval, have been installed on the lot or in a tree bank. d. Required payments have been made to the tree canopy fund. e. Any civil penalties or other monetary obligations assessed for violations of the tree ordinance have been paid. f. All replacement trees and tree canopy cover required due to violations of the tree ordinance have been installed. 34.2. A temporary certificate of occupancy may be granted by the administrator before all trees have been planted if a landscape performance bond has been issued to the city. 35. Alternative Compliance 35.1. Alternative compliance for a portion of the tree canopy cover required on a lot may be approved by the administrator pursuant to the provisions of this section. 35.2. Subdivision developments as a whole are not eligible to use alternative compliance; owners of individual properties within a subdivision development may be eligible to use alternative compliance. 35.3. Alternative compliance shall be either the planting of trees off-site in a registered tree bank in an amount equal to the proposed tree canopy cover deficit or replacement deficit, or a payment made by the applicant to the City of Milton Tree Canopy Fund for the tree canopy value of the deficit. 35.4. Planting trees off-site in a tree bank for a maximum of one-half (1/2) of the tree canopy cover requirement or tree replacement requirement may be approved. 35.5. The city shall maintain a list of registered tree bank sites, which may include open space on city property or on developed, private property. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 41 35.6. Owners of developed properties with at least 8,000 square feet of open space may apply to the city to have their open space registered as a tree bank under the conditions set forth in the tree conservation manual. 35.7. The use of the tree bank shall be approved by the administrator under the following conditions: a. The maximum amount of tree canopy cover possible on the lot is conserved and/or planted, as determined by the city arborist; and, b. A registered tree bank site is available with enough space to accommodate the trees and their required growing space. 35.8. Applicants wishing to plant trees off-site shall execute a letter of agreement directly with the registered tree bank owner that must include, at a minimum: a. Applicant’s name and contact information; b. Number of trees to be planted by species and caliper; c. Planting schedule including projected beginning date of planting and projected completion date of planting; d. Name and contact information for applicant’s agent who will be responsible for the planting of trees on the tree bank site; and, e. Commitment to maintain the property in the condition in which it was found prior to the planting operation. 35.9. Trees planted in tree banks shall meet all the same requirements as for trees planted on-site. 35.10. A tree planting and maintenance plan developed and submitted by the applicant shall be required. 35.11. The applicant shall be responsible for the planting of trees off -site in a tree bank. 35.12. The registered tree bank owner shall be responsible for th e required maintenance and protection of tree bank trees. 35.13. The area planted or conserved as a tree bank shall remain covered by tree canopy in perpetuity, unless otherwise modified with the approval of the city arborist. 35.14. The removal of trees within a tree bank shall require a tree removal permit. 35.15. A payment to the tree canopy fund in lieu of the conservation or planting of tree canopy cover for a maximum of one-third (1/3) of the tree canopy cover City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 42 requirement or tree replacement requirement shall be approved by the administrator under the following conditions: a. The conservation or planting of the required tree canopy cover or replacement trees will eliminate the owner’s ability to utilize their lot for a specific, permitted use as described in writing by the property owner; and, b. No tree bank location is available for the planting of trees off-site. 35.16. Payments into the tree fund for tree canopy cover requirement deficit shall be calculated using the tree canopy value set forth in the city’s current fee schedule. 36. Tree Canopy Fund 36.1. There is hereby adopted a City of Milton Tree Canopy Fund to be established for the deposit of payments required by the tree ordinance or donated for other community forest management activities. 36.2. In addition to receiving payments for tree canopy cover requirement deficit, the tree canopy fund shall also receive as revenue: a. Donations for tree program activities; b. Fees for tree-related permits and plans review; and, c. Fines for violation of the tree ordinance. 36.3. Tree canopy funds may be expended for: a. The purchase, planting and maintenance of trees on city property; and, b. Community forestry management activities conducted by the city to sustain, increase and improve tree canopy cover. 37. Timber Harvesting 37.1. For lots greater than 2 acres, a timber harvesting notification shall be required and shall be submitted to the community development department before any timber harvesting may commence. 37.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber harvesting will occur shall be required in all zoning districts. 37.3. The clearcutting of timber shall be allowed on AG-1 zoned land only. 37.4. Thinning shall be allowed in all zoning districts and land uses. 37.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be required before timber harvesting may commence. City of Milton Chapter 60. - Tree Canopy Conservation Ordinance Adopted August 6December 17July 22, 20189 Page 43 37.6. No development permits shall be issued for a lot for a period of 5 years after the completion of timber harvesting operations unless a tree canopy plan has been submitted for the lot concurrent with the submittal of the timber harvesting notification. 37.7. When a tree canopy plan is required or voluntarily submitted for a lot on which clearcutting or thinning will occur, the following requirements shall apply: a. The tree canopy plan shall show the location of the required 50-foot undisturbed buffer, any state water buffers, areas to be clearcut, areas to be thinned, and all specimen and heritage trees; b. The lot must meet the tree canopy cover requirements for the zoning district for the entire lot upon completion of timber harvesting; and, c. The conservation of specimen trees and heritage trees shall be required, and all specimen and heritage trees conserved shall be actively protected during timber harvesting operations in accordance with the standards set forth in the tree conservation manual. 37.8. Stump removal or grading shall be prohibited as part of normal timber harvesting operations that are not related to development. 37.9. Clearcutting, thinning or land disturbance shall not be allowed within state water or wetland buffers. 37.10. Compliance with the soil erosion and sedimentation control ordinance is required. 37.11. All timber harvesting operations shall comply with the most current Georgia’s Best Management Practices for Forestry available from the local office of the Georgia Forestry Commission. MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 16, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election MEETING DATE: Monday, July 22, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,�IA PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (;,,YES () NO CITY ATTORNEY REVIEW REQUIRED: (4-�ES () NO APPROVAL BY CITY ATTORNEY: ( KAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: � 7) 7-'-)�" � 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@dtyofmiltonga.us I www.dtyofmiltonga.us To: Honorable Mayor and City Council Members From: Sudie AM Gordon, City Clerk Date: Submitted on July 16, 2019 for the July 22, 2019 Regular City Council Meeting (Unfinished Business) Agenda Item: Consideration of an Ordinance of the City Council to Authorize Fulton County to Conduct Election Project Description: On November 5, 2019, an election will be held in the City of Milton to elect City Councilmembers for District1/Post 2, District 2/Post 2 and District 3/Post 2. O.C.G.A. §21-2-45 provides that a municipality may authorize and contract with a county to conduct elections. Approval of this ordinance will establish authority that the Mayor is authorized to enter into a contract with Fulton County to conduct this election. A copy of the Intergovernmental Agreement is attached to the ordinance and incorporated herein. Procurement Summary: Purchasing method used: Sole Source (Include Sole Source Documentation) Account Number: 100-0000-1138099 Requisition Total: $ 84,724.00 Vendor: Fulton County Finance Director (Remit Payment to) Page 1 of 2 Page 2 of 2 Financial Review: The General Election fee of $84,724.00 will be included in the FY2020 budget. This fee will be paid to Fulton County in advance of the election and maintained by Fulton County in a separate election account. Within 90 days after the election or run-off election, Fulton County will furnish a refund of any excess fees or invoice the City if the fee is insufficient to cover the City’s pro-rata share of the costs of the election. Bernadette Harvill (June 26, 2019) Legal Review: Sam VanVolkenbergh, Esq., Jarrard & Davis, LLC (June 25, 2019) Attachment(s): • Ordinance of the City Council to Authorize Fulton County to Conduct Election • Intergovernmental Agreement for the Provision of Election Services between Fulton County, Georgia and the City of Milton, Georgia Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE OF THE CITY COUNCIL TO AUTHORIZE FULTON COUNTY TO CONDUCT ELECTION THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in regular session on July 22, 2019 at 6:00 p.m. as follows: WHEREAS, on November 5, 2019, an election will be held in the City of Milton to elect City Council Members for District 1/Post 2, District 2/Post 2, and District 3/Post 2; and WHEREAS, O.C.G.A. § 21-2-45 provides that a municipality may authorize and contract with a county to conduct elections: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MILTON, and it is hereby ordained and established by authority of the same, that: 1. The Mayor is authorized to enter into a contract with Fulton County to conduct this election approved by the Georgia Secretary of State , which contract is attached hereto and incorporated herein. 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed as of the effective date of this Ordinance. 3. Should any section of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Page 2 of 2 4. This Ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it. The above Ordinance having been read according to law is hereby approved by the Mayor and Council of the City of Milton, Georgia on this 22nd day of July 2019. Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie AM Gordon, City Clerk ______________________________ _______________________________ Peyton Jamison, Mayor Pro Tem Matt Kunz, Councilmember (District 1/Post 1) (District 2/Post 2) ______________________________ _______________________________ Carol Cookerly, Councilmember Joseph Longoria, Councilmember (District 1/Post 2) (District 3/Post 1) __________________________ _______________________________ Laura Bentley, Councilmember Rick Mohrig, Councilmember (District 2/Post 1) (District 3/Post 2) INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ELECTION SERVICES BETWEEN FULTON COUNTY, GEORGIA and CITY OF MILTON, GEORGIA THIS INTERGOVERNMENTAL AGREEMENT is entered into this day of , 2019, between Fulton County, Georgia (“County”), a political subdivision of the State of Georgia, and the City of Milton, Georgia (“City”), a municipal corporation lying wholly or partially within the County. WHEREAS, the parties to this Agreement are both governmental units; and WHEREAS, the County and the City desire to maintain a mutually beneficial, efficient and cooperative relationship that will promote the interests of the citizens of both jurisdictions; and WHEREAS, the City desires to contract with the County to conduct this election for the citizens of the City pursuant to the applicable laws of the State of Georgia; and WHEREAS, the City and the County are authorized by Art. IX, Sec. III, Par. I of the Constitution of the State of Georgia to contract for any period not exceeding fifty (50) years for the provision of facilities or services which they are authorized by law to provide, including an agreement for the conduct of the City elections; and WHEREAS, O.C.G.A. § 21-2-45(c) authorizes the governing authority of any municipality to contract with the county within which that municipality wholly or partially lies to conduct any or all elections; and WHEREAS, pursuant to O.C.G.A. § 21-2-45(c), a municipality may by ordinance authorize a county to conduct such election(s), and the City has adopted such an ordinance; and WHEREAS, the Fulton County Board of Registration and Elections (“BRE”) has jurisdiction over the conduct of primaries and elections and the registration of electors in the County; and WHEREAS, the BRE, among other things, is responsible for the selection and appointment of the elections Superintendent, who selects, appoints, and trains poll workers for elections; NOW THEREFORE, in consideration of the following mutual obligations, the County and City agree as follows: Page 2 of 12 ARTICLE 1 CONDUCT OF ELECTIONS 1.1 This Agreement will govern the conduct of any and all elections which the City requests the County to conduct, including any and all runoffs which may be necessary. It is the intent of the parties that City elections be conducted in compliance with all applicable federal, state and local legal requirements. 1.2 For each City election, City, at its sole option, shall submit to County a request in the form attached hereto as Exhibit A. Requests must be made in conformance with O.C.G.A § 21-2- 540, now and as it may be amended hereafter, to the address specified in the Notice Section below. If a timely request is not made, the County shall have no obligation to conduct the City election which was the subject of the request. 1.3 In the event any special City election becomes necessary, the City and the County shall confer and determine a mutually convenient date as allowed by law to conduct any such election. ARTICLE 2 TERM OF AGREEMENT This Agreement shall commence on the date that it is executed by or on behalf of the governing authority of Fulton County, Georgia and will terminate on December 31, 2019, unless otherwise terminated as set forth herein. ARTICLE 3 DUTIES AND RESPONSIBILITIES Pursuant to this Agreement, each party shall provide the following enumerated services for the election to be held November 5, 2019: 3.1 Upon receipt of request to perform a City election, and the agreement to conduct a City election, the County through the Superintendent or their designee(s) shall be responsible for: a) Designating early and advance voting sites and hours; b) Placing the City’s candidate(s) on the electronic and printed ballots for City elections after qualifying; c) Placing the City’s referendum question(s) on the ballot for a City election after timely written notice from the City is received by the County (which such notice shall include all necessary details and information); d) Hiring, training, supervising and paying poll officers and absentee ballot clerks; e) Preparing and submitting to the City Clerk, as required by state law O.C.G.A. § 21-2-224(e), now and as it may be amended hereafter, a list of electors. Page 3 of 12 f) Performing duties of elections Superintendent, and absentee ballot clerk for the November 5, 2019 City election; g) Performing logic and accuracy testing as required by Sections 183-1-12-.02 and .07 of the Official Compilation of Rules and Regulations of the State of Georgia, now and as they may be hereafter amended; h) Providing staff, equipment and supplies for conducting the November 5, 2019 City election at City polling places on City election days and for conducting recounts as may be required; i) Certifying City election returns as required by state law O.C.G.A. § 21 -2-493, now and as it may be amended hereafter, and submitting certified City election returns to the Georgia Secretary of State and City Clerk or as otherwise directed; j) Upon a change in City precincts or voter districts, notifying City residents of any change in voting districts and/or municipal precincts; and 3.2 The City shall be responsible for: a) Recommending early voting sites and hours of operation to the County. b) Adopting Election resolutions pursuant to O.C.G.A. § 21-2-45(c), now and as it may be amended hereafter, and calls for special City elections as required by O.C.G.A. § 21-2-540, now and as it may be amended hereafter; c) Preparing qualifying materials for potential candidates and performing qualifying of candidates, including any write-in candidates, for City elections as required by state law, specifically O.C.G.A. § 21-2-130 et seq., now and as it may be amended hereafter; d) Placing advertisements in the Cit y’s legal organ regarding calls for City elections, as required by state law O.C.G.A. § 21-2-540, now and as it may be amended hereafter; e) Fixing and publishing the qualifying fee as required by state law under O.C.G.A. § 21-2-131, now and as it may be amended hereafter; f) Collecting and retaining the qualifying fee as required by state law O.C.G.A. § 21-2-131, now and as it may be amended hereafter; g) Performing filing officer duties as required by the Georgia Government Transparency and Campaign Finance Commission for any and all state reports filed by the candidates or committees in conjunction with City elections to ensure compliance with Title 21, Chapter 5 of the Official Code of Georgia; Page 4 of 12 h) If the City desires to review and verify the accuracy of the voter list(s) for City residents, it must do so not less than 30 days prior to Election Day; i) Providing the County with an electronic copy of referendums that must be placed on a ballot; j) Reviewing ballot proofs and notifying County of corrections or approval within twenty-four (24) hours of receiving proofs for candidate listings; and k) Otherwise cooperating with the County in the performance of this Agreement and providing the County such documentation and information as it may reasonably request to facilitate the performance of its duties under this Agreement. ARTICLE 4 COMPENSATION AND CONSIDERATION 4.1 For City elections that are to be conducted contemporaneously with a countywide General election, pursuant to this Agreement and to action of the Board of Commissioners on August 3, 2016, the City will not be charged for the cost of said election. 4.2 For City elections that are to be conducted contemporaneously with a countywide Special election, the City will share in the costs of conducting the election, plus a 10% administrative fee of the actual election costs based on the municipality’s pro-rata share of the number of electors in the municipality versus the total number of electors in the County. The City will pay the actual cost of such election based on a budget prepared in accordance with the form attached hereto as Exhibit B. i) An estimate of the City’s pro-rata share of the election costs based on the number of electors will be provided to the City and 75% of that amount is due to the County ninety (90) days prior to Election Day. ii) Following the election, the actual costs of the election will be determined, as well as the City’s pro-rata share of the actual costs. iii) If based on the estimated election costs a refund is due to the City, said refund will issue within ninety (90) days after the election. iv) If based on the estimated election costs the City owes the County an additional amount for the election, the County will issue an invoice for that amount which is due and payable within thirty (30) days of receipt. 4.3 For City elections that are not conducted contemporaneously with any countywide election, the City will pay the actual cost of such election based on a budget prepared in accordance with the form attached hereto as Exhibit B. i) The City will pay the County the sum determined in Exhibit B for the election to be maintained in a separate election account. Said amount is due ninety (90) days prior to Election Day. Page 5 of 12 ii) Following the election, the actual costs of the election will be determined. iii) If based on the payment made in compliance with Exhibit B a refund is due to the City said refund will issue within ninety (90) days after the election. 4.4 Failure to timely remit the funds owed will result in a 10% per month penalty. ARTICLE 5 LEGAL RESPONSIBILITIES 5.1 The City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registration and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs, including, but not limited to, court costs and attorney fees for the County Attorney or outside counsel, incurred by the County as a result of any such claim or litigation. The City shall make payment of such reim bursements to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. 5.2 In the event that a City election is contested, the City shall be solely responsible for any liability resulting from any claims or litigation arising from or pertaining to any contested City election, except claims or litigation regarding the acts of agents or employees of the County, the County Board of Registrations and Elections, and the County Election Superintendent in connection with any City Election held pursuant to this Agreement. The City agrees to reimburse the County for all costs incurred in responding to the election challenge, including, but not limited to, attorney’s fees for the County Attorney or outside counsel and all expenses a ssociated with the election challenge and any appeals thereafter. The City shall make payment of such reimbursements to the County within thirty (30) days of receipt of any invoice for reimbursement from the County. If a second election is required, such election will constitute a City Election under this Agreement and shall be conducted in accordance with the terms of this Agreement. 5.3 To the extent allowed by law, the City agrees to defend and hold harmless the County with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney’s fees and legal expenses) to which the County may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the City and/or its employees. 5.4 To the extent allowed by law, the County agrees to defend and hold harmless the City with respect to any claim, demand, action, damages, judgment, cost and/or expenses (including, without limitation, reasonable attorney’s fees and legal expenses) to which the City may be subjected as a consequence of or as a result of any error, omission, tort, intentional tort, willful misconduct, or any other negligence on the part of the County and/or its employees. 5.5 It is the intent of the parties to be covered under the auspices of any applicable immunity granted by law. Page 6 of 12 5.6 Should it be necessary to comply with legal requirements that any of the County’s personnel shall be sworn in as a temporary officer or employee of the City, such formality shall be observed without limitation. 5.7 In the event that a city law, ordinance, or code pertaining to the administration of the election directly contradicts or makes more/less strict a portion of the State of Georgia’s Election Code (O.C.G.A. § 21), then the County shall only be responsible for enforcing the requirements set forth in O.C.G.A. § 21. ARTICLE 6 EMPLOYMENT STATUS 6.1 All County personnel assigned under this Agreement are and will continue to be employees of the County for all purposes, including, but not limited to: duties and responsibilities, employee benefits, grievance, payroll, pension, promotion, annual or sick leave, standards of performance, training, workers compensation and disciplinary functions. 6.2 All County personnel assigned under this Agreement are and will continue to be part of the Fulton County Department of Registration and Elections and under the supervision of the Superintendent. 6.3 All City personnel assigned under this Agreement are and will continue to be employees of the City. ARTICLE 7 RECORDKEEPING AND REPORTING 7.1 The County Registration and Elections Department is the central repository for all departmental records and makes available public records as defined and required by the Georgia Open Records Act, O.C.G.A. § 50-18-70, et seq., O.C.G.A. § 21-2-51 and O.C.G.A. § 21-2-72, now and as they may be amended hereafter. During the term of this Agreement, the County will continue to comply with the applicable provisions of the Georgia Open Records Act and the Georgia Election Code. 7.2 Except as limited by any provision of state or federal law, the City may request, review and access data and County records at a mutually agreed upon time to ensure compliance with this Agreement. ARTICLE 8 E-VERIFY AND TITLE VI Each party agrees that it will comply with all E-Verify and Title VI requirements and execute any documents reasonably required related to such compliance. Further, each party agrees that any contracts let for work completed pursuant to this Agreement shall contain all required E-verify and Title VI requirements under applicable law. ARTICLE 9 AUTHORIZATION Page 7 of 12 Each of the individuals executing this Agreement on behalf of his or her respective party agrees and represents to the other party that he or she is authorized to do so and further agrees and represents that this Agreement has been duly passed upon by the required governmental agency or council in accordance with all applicable laws and spread upon the minutes thereof. The parties hereto agree that this Agreement is an intergovernmental contract and is entered into pursuant to Article IX, Section III, Paragraph I of the Constitution of the State of Georgia 1983. Further, the Fulton County Board of Registration and Elections has reviewed and approved this Agreement and has authorized its Chairman and its Chief Administrative Officer to execute any ancillary documents required to complete the November 2019 General Election, including but not limited to the Notice of the Call of the General Election and the Notice of the General Election. ARTICLE 10 TERMINATION AND REMEDIES Either party may unilaterally terminate this Agreement, in whole or in part, for any reason whatsoever or no reason at all, by notice in writing to the other party delivered at least thirty (30) days prior to the effective date of the termination. ARTICLE 11 NOTICES All required notices shall be given by certified first class U.S. Mail, return receipt requested. The parties agree to give each other non binding duplicate facsimile notice. Future changes in address shall be effective upon written notice being given by t he City to the County Elections Superintendent or by the County to the City Clerk via certified first class U.S. mail, return receipt requested. Notices shall be addressed to the parties at the following addresses: If to the County: Fulton County Board of Registration and Elections Attn: Director 130 Peachtree St SW, Suite 2186 Atlanta, Georgia 30303 Facsimile: 404.730.7024 With a copy to: Fulton County Office of the County Attorney Attn: County Attorney 141 Pryor Street SW, Suite 4038 Atlanta, Georgia 30303 Facsimile: 404.730.6540 If to the City: City Administrator – Attn: Steven Krokoff 2006 Heritage Walk Milton, GA 30004 With a copy to: City Attorney – Attn: Ken Jarrard/Jarrard & Davis, LLP 222 Webb Street Cumming, GA 30040 Page 8 of 12 ARTICLE 12 NON-ASSIGNABILITY Neither party shall assign any of the obligations or benefits of this Agreement. ARTICLE 13 ENTIRE AGREEMENT The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement. This Agreement constitutes the entire understanding and agreement between the Parties concerning the subject matter of this Agreement, and supersedes all prior oral or written agreements or understandings. No representation oral or written not incorporated in this Agreement shall be binding upon the City or the County. All parties must sign any subsequent changes in the Agreement. ARTICLE 14 SEVERABILITY, VENUE AND ENFORCEABILITY If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. No action taken pursuant to this Agreement should be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained in this Agreement and will not operate or be construed as a waiver of any subsequent breach, whether of a similar or dissimilar nature. This Agreement is governed by the laws of the state of Georgia without regard to conflicts of law principles thereof. Should any party institute suit concerning this Agreement, venue shall be in the Superior Court of Fulton County, Georgia. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof. ARTICLE 15 BINDING EFFECT This Agreement shall inure to the benefit of, and be binding upon, the respective parties’ successors. ARTICLE 16 COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. Page 9 of 12 IN WITNESS WHEREOF, the City and County have executed this Agreement through their duly authorized officers on the day and year first above written. FULTON COUNTY, GEORGIA APPROVED AS TO SUBSTANCE: (Seal) Chair, Board of Commissioners Attest: Clerk to Commission Date: ATTEST: APPROVED AS TO FORM: Fulton County Attorney’s Office APPROVED AS TO SUBSTANCE: Richard Barron Director, Fulton County Department of Registration and Elections SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 10 of 12 CITY OF MILTON, GEORGIA (SEAL) Mayor City Clerk (SEAL) Date: APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE: City Attorney City Clerk Page 11 of 12 EXHIBIT A As per the Agreement executed on , the City of Milton, hereby requests that Fulton County conduct its Election on November 5, 2019, and Runoff Election on December 3, 2019, within the boundary of Fulton County. The last day to register to vote in this election is October 7, 2019. The list of early voting locations will be forthcoming. . This day of , 2019. (SEAL) City Clerk The Fulton County Board of Registrations and Elections agrees to conduct the City of Milton Election on November 5, 2019, and Runoff Election on December 3, 2019, within the boundary of Fulton County. This day of , 2019. (SEAL) Elections Superintendent Fulton County Board of Registrations and Elections Page 12 of 12 EXHIBIT B PRORATION OF ELECTION FEES ESTIMATE CITY OF MILTON EXHIBIT B ELECTION November 5, 2019 Municipal Election December 3, 2019 Runoff DISTRICT All of Milton All of Milton NUMBER OF ACTIVE REG VOTERS (June 2019) 25657 25657 DISTRIB% 8.0% 11.8% OVERTIME - 1001 $ 5,617 $ 3,551 TEMP SAL - 1160 $ 28,139 $ 26,265 Early Voting -1160 $ 12,782 $ 5,259 SS -SALARIES -1010 $ 348 $ 220 SS - MEDICARE -1011 $ 82 $ 52 UNEMP INS - 1060 $ 11 $ 7 RENTAL EQUIP -1120 $ 1,718 $ 2,159 RENTAL BLDGS -1121 $ 1,200 $ 1,200 POLL WORKERS PERS - 1159 $ 15,018 $ 13,600 STIPEND -1169 $ 104 $ 154 HOSP - 1307 $ 293 $ 432 ADV -1342 $ 1,204 $ 1,184 MILEAGE -1346 $ 40 $ 59 VEH SUPPLIES - 1452 $ 281 $ 296 POSTAGE -1456 $ 1,204 $ 1,184 PRINTING - 1459 $ 2,809 $ 1,776 PHOTO COPIES -1461 $ 120 $ 12 OFFICE SUPPLIES/BALLOTS -1462 $ 4,000 $ 2,302 STOCK PAPER - 1475 $ 80 $ 296 INS (HEALTH) - 1501 $ 607 $ 384 INS (LIFE) - 1505 $' 34 $ 21 INS (DENTAL) - 1510 $ 67 $ 43 INS (VISION) - 1512 $ 11 $ 7 RETIRE MATCH -1522 $ 169 $ 107 SECURITY 1174 $ 802 $ 1,184 DC-CNTR-EPLR - 1527 $ 225 $ 142 DC-CNTR-2% - 1529 $ 56 $ 36 SUBTOTAL $ 77,022 $ 61,931 10% ADMIN FEE $ 7,702 $ 6,193 TOTAL $ 84,724 $ 68,124 GRAND TOTAL FOR BOTH ELECTIONS $ 152,848 C*� FOLTON COUNTY Fulton County Department of Registration and Elections 130 Peachtree Street, SW Suite 2186 Atlanta, Georgia 30303 Phone: (404) 612-7020 Fax: (404) 730-7024 Item Description Exhibit B I nvoice Date: 7/15/2019 INVOICE # MIL112019 City of Milton City Clerk's Office 2006 Heritage Walk TO Milton, GA 30004 678-242-2522 Attn: Ms. Sudie Gordon Total 1 Advance to Conduct General Municipal Election November 5, 2019 $77,022.00 10% Administrative Fee - $ 7,702.00 Subtotal $84,724.00 Advance to Conduct General Municipal Runoff Election December 3, 2019 $61,931.00 10% Administrative Fee - $ 6,193.00 Subtotal $68,124.00 TOTAL DUE $152,848.00 Make Check Payable to: "FULTON COUNTY DIRECTOR OF FINANCE" MUNICIPALITY Number of Registered Voters Distribution Percentages ALPHARETTA 41,496 13% COLLEGE PARK 8,796 3% EAST POINT 25,127 8% FAIRBURN 9,474 3% HAPEVILLE 3,325 1% JOHNS CREEK 52,528 16% MILTON 25,657 8% ROSWELL 63,724 20% SOUTH FULTON 74,337 23% UNION CITY 15,275 5% TOTAL 319,739 100% MUNICIPALITY Number of Registered Voters Distribution Percentages COLLEGE PARK 8,796 4% EAST POINT 25,127 12% JOHNS CREEK 52,528 24% MILTON 25,657 12% ROSWELL 63,724 29% SOUTH FULTON 40,916 19% TOTAL 216,748 100% November 5, 2019 Municipal General Election December 3, 2019 Municipal General Election TO: FROM: MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: July 16, 2019 Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Chapter 52, Taxation Sections 52-22 (Due Date) and 52-23 (Fines for Delinquent Payments) of the Code of the City of Milton, Georgia MEETING DATE: Monday, July 22, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (-�SYES () NO CITY ATTORNEY REVIEW REQUIRED: (.KYES () NO APPROVAL BY CITY ATTORNEY: (j✓APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: U 71taftc.f) 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on June 26, 2019 for First Presentation on the July 8, 2019 Regular City Council Meeting and Unfinished Business for the July 22, 2019 Regular City Council Meeting Agenda Item: Consideration of Edits to the Milton Code of Ordinances Chapter 52-Taxation Section 52-22 Due Date and 52-23 Fines for Delinquent Payment Department Recommendation: Approve the attached ordinance to edit Chapter 52-Taxation, Sec 52-22 Due Date and 52-23 Fines for Delinquent Payment. Executive Summary: During the last round of charter changes the language related to property tax billing and due dates was removed. The attached ordinance cleans up language in chapter 52 to remove any references to the charter and proposes a change in the billing timeline to coincide with the change in revenue recognition for current year property taxes which was approved by Mayor and Council in FY17. In addition, language related to fines for delinquent payment was edited for improved comprehension. Funding and Fiscal Impact: This change will ensure that the collection of property taxes will now coincide with the fiscal year with which they will be recognized as available revenue under Generally Accepted Accounting Principles (GAAP). Alternatives: Other Council directed action. Legal Review: Aaron Meyer, Jarrard & Davis, LLP (June 26, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance to edit chapter 52-Taxation, Sec 52-22 & 52-23 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 52, TAXATION SECTIONS 52-22 (DUE DATE) and 52- 23 (FINES FOR DELINQUENT PAYMENT) OF THE CODE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on July 22, 2019 at 6:00 p.m. as follows: SECTION 1 That the conditions of Chapter 52 have revisions in Sec. 52-22. – Due Date., and Sec. 52-23. – Fines for Delinquent Payment.; and SECTION 2 That the Chapter shall be revised in compliance with the State of Georgia; and SECTION 3 That all ordinances or part of ordinances that 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 approval of the Mayor. ORDAINED this 22nd of July, 2019. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________ Sudie Gordon, City Clerk (Seal) Sec. 52-22. - Due date. Ad valorem tax bills for each tax year shall be issued following the receipt of the tax digest from Fulton County, but in no event shall tax bills be issued earlier than October 1 of each year. Such taxes shall be due and payable within 60 days of the billing date. (Ord. No. 06-11-14, § 1(ch. 10, art. 1, § 2), 11-21-2006; Ord. No. 07-04-24, § 1(ch. 10, art. 1, § 2), 4-19-2007; Ord. No. 08-08-22, § III, 8-11-2008; Ord. No. 09-09-52, § III, 9-28-2009) Sec. 52-23. - Fines for delinquent payment. Any taxes not paid in full within 60 days of the billing date shall be in default and shall be assessed penalties and interest, in accordance with law and as outlined in Appendix A. Said penalties and interest shall be in addition to the amount of ad valorem taxes due the city and also in addition any costs permitted by law. Partial payments shall be accepted and, in such cases, interest and penalties will be computed on outstanding balances as of the delinquent date. (Ord. No. 06-11-14, § 1(ch. 10, art. 1, § 3), 11-21-2006; Ord. No. 07-04-24, § 1(ch. 10, art. 1, § 3), 4-19-2007) MILTON'S ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: July 16, 2019 1 FROM: Steven Krokoff, City Manager 2) AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton Georgia to Adopt Amendments to the Fiscal 2019 Budget for the General Fund of the City of Milton, Georgia Amending the Amounts Shown As Expenditures, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, July 22, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,,V'APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES GIGO CITY ATTORNEY REVIEW REQUIRED: () YES (�10 APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: ��lazjr�i`5 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on July 2, 2019 for First Presentation on the July 8, 2019 Regular City Council Meeting and Unfinished Business for the July 22, 2019 Regular City Council Meeting Agenda Item: Consideration of Budget Amendments to the General Fund of the City of Milton for Fiscal Year 2019. _____________________________________________________________________________________ Department Recommendation: The recommendation is to approve the budget amendments as proposed. Executive Summary: As the City budget is a dynamic rather than static plan, it requires amending from time to time. The proposed budget amendments enclosed are an update to the plan last amended on May 6, 2019 and reflect the most recent circumstances and recommendations. Requests outlined include funding for the implementation of the Laserfiche program to allow for enhanced paperless processes and records management as well as internal work-flows, trail maintenance at Birmingham Park, clerical support through a unique community connection opportunity, and the reinstatement of the Accounting Manager position in Finance. All requests will be covered by the contingency line item within the General Fund in FY19, and the calculated impact on future budgets has been outlined for the new initiatives. The public hearing for this amendment was advertised in the Milton Herald on June 27, 2019. Funding and Fiscal Impact: Please refer to the attached budget amendment documents. Alternatives: Other directed Council action. Concurrent Review: Steve Krokoff, City Manager Attachment(s): Fiscal Year 2019 Proposed Budget Amendments Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2019 BUDGET FOR THE GENERAL FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN AS EXPENDITURES, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the City of Milton, GA while in a council meeting on July 22, 2019 at 6:00 p.m. as follows: WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2019 Budget to the City Council with regards to the General Fund; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2019 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2019 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. FY 2019 Current Budget Proposed Amendment Total Amended Budget REVENUES Taxes 27,347,321$ -$27,347,321$ Licenses & Permits 608,832 -608,832 Intergovernmental Revenues 8,942 -8,942 Charges for Services 508,300 -508,300 Fines & Forfeitures 350,000 -350,000 Investment Income 276,000 -276,000 Contributions & Donations 7,244 -7,244 Miscellaneous Revenue 56,506 -56,506 Proceeds from Sale of Assets 10,000 -10,000 subtotal 29,173,145$ -$ 29,173,145$ TOTAL REVENUES $ 29,173,145 $-$ 29,173,145 EXPENDITURES Mayor & Council 178,229$ -$178,229$ City Clerk 231,569 6,848 238,417 City Manager 742,616 -742,616 General Administration 65,899 -65,899 Finance 554,705 16,833 571,538 Legal 295,000 -295,000 Information Technology 1,128,520 28,566 1,157,086 Human Resources 326,577 -326,577 Risk Management 272,707 -272,707 General Government Buildings 222,928 -222,928 Communications 286,891 -286,891 Community Outreach & Engagement 137,324 -137,324 Municipal Court 463,582 -463,582 Police 5,153,840 -5,153,840 Fire 7,306,581 -7,306,581 Public Works 2,322,379 -2,322,379 Parks & Recreation 1,436,693 20,000 1,456,693 Community Development 1,408,987 -1,408,987 Economic Development 258,509 -258,509 Debt Service 852,436 -852,436 Contingency 233,768 (72,247)161,521 subtotal 23,879,740$ -$ 23,879,740$ Interfund Transfers Out: Capital Projects Fund 6,833,582$ -6,833,582$ Capital Grant Fund 565,693 -565,693.00 subtotal 7,399,275$ -$ 7,399,275$ TOTAL EXPENDITURES $ 31,279,015 $-$ 31,279,015 Total Revenues Over/(Under) Expenditures (2,105,870)$ -$(2,105,870)$ Beginning Fund Balance 10,271,476 10,271,476 ENDING FUND BALANCE 8,165,606$ 8,165,606$ General Fund Budget Summary Proposed Budget Amendment Fiscal Year 2019 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: INFORMATION SERVICES Contract Labor/Maintenance Contracts 574,984 28,566 603,550 Increase to account for expenses associated with Laserfiche set- up/implementation hours TOTAL: INFORMATION SERVICES 28,566 PARKS & RECREATION Grounds Repair & Maintenance 90,500 20,000 110,500 Increase to account for costs associated with maintaining the trails at Birmingham Park TOTAL: PARKS & RECREATION 20,000 OTHER FINANCING USES Contingency 233,768 (72,247) 161,521 Decrease to cover outlined requests to continuing operations and new initiatives TOTAL: OTHER FINANCING USES (72,247) NEW INITIATIVES: City Clerk: Clerical Support through Community Connections 6,848 Finance: Reinstate the Accounting Manager Position 16,833 TOTAL: NEW INITIATIVES 23,681 NET REVENUE/(EXPENDITURE) REQUEST - Please see attached requests Strategy: Strategic Action Item: Salary 4,250 Benefits 298 Professional Fees - Repairs & Maintenance - Communications - Advertising - Printing - Travel - Dues & Fees - Education & Training - Contract Labor - Maintenance Contract - General Supplies - Utilities - Gasoline/Diesel - Food/Meals - Uniforms - Machinery - Vehicles - Furniture/Fixtures - Computer Software - Computer Hardware 1,800 Other Equipment 500 - - - - TOTAL 6,848 Salary/Benefits 4,548 Maintenance & Operating 2,300 Impact on Future Operating Budgets FY 2020 FY 2021 FY 2022 FY 2023 Increases Operating Costs 24,584 25,322 26,081 26,864 Decreases Operating Costs - - - Additional Revenues - - - Other - - - Total Operating Impact 24,584 26,081 26,864 This request is to fund a clerical position aimed at providing work for those who have graduated high school and also have special needs. This position will provide a positive, rewarding, and mutually beneficial environment through collaboration between the new employee and the current staff at City Hall. This initiative is also directly related to Milton's mission and core values including that of having an inclusive community/work environment by engaging citizens of all ability levels. CITY OF MILTON MAINTENANCE & OPERATING INITIATIVE REQUEST FORM City Clerk Clerical Support through Community Connections Supportive of which strategy from the Strategic Plan (required field) Enter Funding Request by Account in the Area Below: Build Community Connections ACCOUNT DESCRIPTION BUDGET REQUESTSupport programs designed to assist those who have graduated high school and also have special needs. Brief Description of New Program/Service or Improvement of Existing Service Level: What measurement will be used to gauge the performance of this new service/program or what current performance measure will be improved through the implementation of this initiative? (this can be a current performance measurement or the addition of a new measurement). Completion of clerical tasks that meet the ability of the applicant as well as the needs of the City. Once the parameters of the work to be accomplished are set there will be follow-up to ensure that both parties are able to achieve their goals from the program through employee feedback and managerial oversight. Explain any fiscal impact this initiative will have on future budgets and provide actual future year costs below. (example: utilities, maintenance contract costs). This will have an impact on salary/benefit costs for this employee. - - - 48,571 Notes: Strategy: Strategic Action Item: Salary 11,653 Benefits 2,680 Professional Fees - Repairs & Maintenance - Communications - Advertising - Printing - Travel - Dues & Fees - Education & Training - Contract Labor - Maintenance Contract - General Supplies - Utilities - Gasoline/Diesel - Food/Meals - Uniforms - Machinery - Vehicles - Furniture/Fixtures - Computer Software - Computer Hardware 2,000 Other Equipment 500 - - - - TOTAL 16,833 Salary/Benefits 14,333 Maintenance & Operating 2,500 Impact on Future Operating Budgets FY 2020 FY 2021 FY 2022 FY 2023 Increases Operating Costs 99,859 105,940 109,119 Decreases Operating Costs - - - Additional Revenues - - - Other - - - Total Operating Impact 99,859 105,940 109,119 CITY OF MILTON MAINTENANCE & OPERATING INITIATIVE REQUEST FORM Finance Reinstate the Accounting Manager Position Supportive of which strategy from the Strategic Plan (required field) Enter Funding Request by Account in the Area Below: Brief Description of New Program/Service or Improvement of Existing Service Level: This request is to reinstate the Accounting Manager position within the Finance Department. After the resignation of the prior Accounting Manager in early 2016 the duties of this position were distributed between the then Finance Manager and the Payroll & Revenue Manager. Since that time the City has taken on more workload with accounting related responsibilities regarding GAAP/GASB compliance including: impact fees, TSPLOST, bond recordkeeping/financial management, and grant management. These responsibilities have grown to the level of requiring a dedicated accounting professional once again. What measurement will be used to gauge the performance of this new service/program or what current performance measure will be improved through the implementation of this initiative? (this can be a current performance measurement or the addition of a new measurement). Improved efficiency and timeliness of financial record keeping and reporting. In addition, this will allow the Payroll & Revenue Manager to improve efficiency and timeliness with regard to property tax related processes, and allow the Finance Director to focus on enhanced budget processes, long-range planning, investing, and employee advancement. Explain any fiscal impact this initiative will have on future budgets and provide actual future year costs below. (example: utilities, maintenance contract costs). This will have an impact on salary/benefit costs for this employee. Strategic, Efficient & Engaged Government Identify appropriate staffing needs and make sound recommendations as needed. ACCOUNT DESCRIPTION BUDGET REQUEST Notes: 102,855 102,855 - - - Page 2 of 2 ADOPTED AND APPROVED this 22nd day of July, 2019. CITY OF MILTON, GEORGIA By: ________________________ Mayor Joe Lockwood _________________________ ________________________ Councilmember Peyton Jamison Councilmember Carol Cookerly _________________________ ________________________ Councilmember Matt Kunz Councilmember Joe Longoria _________________________ ________________________ Councilmember Laura Bentley Councilmember Rick Mohrig Attest: _______________________________ Sudie AM Gordon City Clerk