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Agenda Packet - CC - 09/23/2019
Page 1 of 6 Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Matt Kunz Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Monday, September 23, 2019 Regular Council Meeting Agenda 6:00 PM INVOCATION – Rich Austin 1)CALL TO ORDER 2)ROLL CALL 3)PLEDGE OF ALLEGIANCE (Led by the Sons of the American Revolution) 4)APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 19-202) 5)PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 23, 2019 Page 2 of 6 6) CONSENT AGENDA 1. Approval of the August 19, 2019 City Council Meeting Minutes. (Agenda Item No. 19-203) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements and Investment Report for the Period Ending July 2019. (Agenda Item No. 19-204) (Bernadette Harvill, Finance Director) 3. Approval of the Financial Statements and Investment Report for the Period Ending August 2019. (Agenda Item No. 19-205) (Bernadette Harvill, Finance Director) 4. Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Services: Construction Materials Testing/Special Inspections – SR9 Court/Police and Fire Facility. (Agenda Item No. 19-206) (Parag Agrawal, Community Development Director) 5. Approval of a Professional Services Agreement between the City of Milton and Taylor English Duma, LLP for Review and Assessment of Milton Code of Ordinances Regarding Chapter 4 Alcoholic Beverages. (Agenda Item No. 19-207) (Sarah LaDart, Economic Development Manager) 6. Approval of a Professional Services Agreement between the City of Milton and TizzyLiz Design, LLC for Graphic Design Services. (Agenda Item No. 19-208) (Shannon Ferguson, Communications Director) 7. Approval of an Agreement between the City of Milton LoJack Corporation for the Milton Police Department to Participate in the LoJack® Stolen Vehicle Recovery Network (SVRN). (Agenda Item No. 19-209) (Rich Austin, Police Chief) 8. Approval of a Construction Services Agreement between the City of Milton and Signature Tennis Courts, Inc. for Tennis Court Resurfacing Project. (Agenda Item No. 19-210) (Jim Cregge, Parks and Recreation Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 23, 2019 Page 3 of 6 9. Approval of a Task Order between the City of Milton and BM&K, P.C. to Provide Pre-Construction and Right of Way Acquisition Services for Cogburn Road Sidewalks. (Agenda Item No. 19-211) (Robert Drewry, Public Works Director) 10. Approval of a Contract Amendment between the City of Milton and Safebuilt Georgia, LLC. (Agenda Item No. 19-212) (Parag Agrawal, Community Development Director) 11. Approval of Change Order #1 for Construction Services Agreement Intersection Improvement Projects (Freemanville Road at Providence Road and Webb Road at Morris Road Roundabouts). (Agenda Item No. 19-213) (Parag Agrawal, Community Development Director) 12. Approval of the Following Subdivision Plat and Revisions: Name of Development / Location Action Comments / # lots Total Acres Density 1. Rockhill Farms LL 262 16200 & 16206 Henderson Rd. Minor Plat Combine & re-subdivide 3 existing lots into 2 Lots 8.861 0.225 Lots / acre (Agenda Item No. 19-214) (Parag Agrawal, Community Development Director) 7) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Constitution Week Presented to the Daughters of the American Revolution - Martha Stewart Bulloch Society and Patriots of Liberty Chapters and the Sons of the American Revolution – Piedmont Chapter. (Presented by Mayor Joe Lockwood) 2. Proclamation Recognizing Disabled Veterans Day™ - Founder, Greshun De Bouse. (Presented by Councilmember Matt Kunz) 8) FIRST PRESENTATION MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 23, 2019 Page 4 of 6 1. Consideration of an Ordinance to Update the City of Milton’s Chapter 56, Article V - Regulations Related to Parking and for Related Purposes. (Agenda Item No. 19-215) (Rich Austin, Police Chief) 2. Consideration of an Ordinance of the City Milton to Revise and Update Chapter 4, Section 4-235, (5)a.3 as it Relates to the Crimes Preventing the Possession of a Pouring Permit. (Agenda Item No. 19-216) (Rich Austin, Police Chief ) 9) PUBLIC HEARING 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2020 Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown In Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 19-195) (Discussed at the August 12, 2019 City Council Work Session) (First Presentation at the September 9, 2019 City Council Meeting) (First Public Hearing the September 9, 2019 City Council Meeting) (Bernadette Harvill, Finance Director) 10) ZONING AGENDA 1. Consideration of Zoning Modification Application #ZM19-01/VC19-02 - 850 and 875 Hickory Flat Road (Matildas under the Pines) by Old Crossroads Properties, LLC (Curtis Mills) with existing zoning of AG -1 and C-1 (U18-07/VC18-06). To modify conditions: 2) To the owner’s agreement to abide by the following: a. Substantial compliance with the Site Plan received by the Community Development Department on March 29, 2018 June 25, 2019, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 23, 2019 Page 5 of 6 Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (The site plan change date reflects the proposed additional parking within the 100-foot power easement, overflow parking along the east property line, location of graded aggregate base reduced “assembly area”, approximate location of septic system for restaurant, and proposed permanent bathrooms.) 3) To the owner's agreement to the following use requirements: a. Months, Days and hours of operation shall be limited to the following: i. Friday and/or Saturday within each week. ii. Hours of operation shall be from 7:00 p.m. to 11:00 p.m. iii. May lst through October 31st with no more than 30 events to include two events approved through a special event permit not to exceed 250 300 people in attendance which must include one off-duty police officer. b. There shall be no more than 200 250 attendees at any given time for each concert/performance. 4) To the owner's agreement to the following site development considerations: d. The maximum noise permitted measured at all the adjacent property lines. the following property lines where a residential use is located; West 421.59 feet and North 201.71 feet shall not exceed 75 dBa continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m. (VC18-06, Part 3) (This request is to clarify the approved 75 dBa continuous sound at all adjacent property lines at the June 18, 2018 public hearing and does not increase the permitted sound levels for Matildas) and request a 4 part concurrent variance for the following: 1) Sec. 64 - 212(6) – To allow the fence adjacent to Hickory Flat Road to be located at the right-of-way; 2) Sec. 64-1317(f) – To delete the landscape islands for the proposed parking lot within the 100-foot-wide transmission line; 3)Sec. 64-1346(b) – To increase the rural section building maximum setback from 20 feet to 430 feet for the proposed bathroom building; 4) Sec. 64-1323(c) – To allow the parking lot to be in one large area for the proposed parking lot within the 100-foot-wide transmission line. (Agenda Item No. 19-196) MILTON CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 23, 2019 Page 6 of 6 (First Presentation at the September 9, 2019 City Council Meeting) (Parag Agrawal, Community Development Director) 11) UNFINISHED BUSINESS 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal Year 2019 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 19-194) (First Presentation at the September 9, 2019 City Council Meeting) (First Public Hearing the September 9, 2019 City Council Meeting) (Bernadette Harvill, Finance Director) 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal Year 2020 Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown In Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 19-195) (Discussed at the August 12, 2019 City Council Work Session) (First Presentation at the September 9, 2019 City Council Meeting) (First Public Hearing the September 9, 2019 City Council Meeting) (Second Public Hearing the September 23, 2019 City Council Meeting) (Bernadette Harvill, Finance Director) 12) NEW BUSINESS (None) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Police 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 19-217) MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 18, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of the Financial Statements and Investment Report for the Period Ending July 2019 MEETING DATE: Monday, September 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES WINO CITY ATTORNEY REVIEW REQUIRED: (J YES (4440 APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: ayJI3/.7LXj 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on September 16, 2019 for the September 23, 2019 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 10 – July 2019 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 3.39% over what is anticipated for the tenth period of the fiscal year. Total expenditures to-date are $23,629,959 and are 6.27% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $14,653,037, capital expenditures-to-date total $6,740,642. Please note that the financial statements for capital related funds now include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 1 of 13 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending July 2019 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 11,909,605 64,428 119,252 (54,824) 11,833,248 11,671,092 162,155 Motor Vehicle Tax 462,045 82,877 38,187 44,690 416,175 347,484 68,692 Intangible Tax 215,000 31,618 17,917 13,701 177,833 161,250 16,583 Real Estate Transfer Tax 100,000 13,668 8,333 5,334 76,763 75,000 1,763 Franchise Fees 2,125,933 332,791 447,885 (115,094) 1,596,944 1,678,048 (81,104) Local Option Sales Tax 9,350,000 793,167 779,167 14,000 7,272,502 7,012,500 260,002 Alcohol Beverage Excise Tax 310,000 29,508 25,833 3,675 247,723 232,500 15,223 Business & Occupation Tax 810,000 20,257 - 20,257 791,344 810,000 (18,656) Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 45,738 - 3,332 (3,332) 45,738 39,058 6,680 Penalties & Interest 22,000 6,746 975 5,771 37,069 19,750 17,319 Alcohol Beverage Licenses 170,582 50 - 50 165,436 170,582 (5,146) Other Non-Business Permits/Licenses 24,900 2,093 2,049 43 34,025 20,395 13,631 Zoning & Land Disturbance Permits 75,350 4,195 6,279 (2,084) 111,750 62,789 48,961 Building Permits 335,000 21,345 33,500 (12,155) 270,000 274,700 (4,700) Intergovernmental Revenue - 5,625 - 5,625 5,625 - 5,625 Other Charges for Service 508,300 44,672 21,609 23,063 433,687 463,375 (29,688) Municipal Court Fines 350,000 40,884 29,155 11,729 374,889 291,550 83,339 Interest Earnings 276,000 35,692 6,331 29,361 367,075 263,308 103,767 Contributions & Donations 7,244 - - - 10,222 7,244 2,978 Other Revenue 65,448 4,754 4,266 488 66,248 58,605 7,643 Other Financing Sources 10,000 127,000 2,500 124,500 137,892 10,000 127,892 Total Revenues 29,173,145 1,661,368 1,546,569 114,799 24,472,188 23,669,229 802,959 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 178,229 8,250 10,730 (2,480) 110,242 138,855 (28,613) City Clerk 238,417 8,752 24,185 (15,433) 139,118 191,870 (52,752) City Manager 742,616 40,537 53,877 (13,340) 527,722 597,853 (70,130) General Administration 65,899 2,232 5,351 (3,119) 43,478 55,173 (11,695) Finance 571,538 31,048 50,210 (19,162) 402,893 476,036 (73,143) Legal 295,000 6,808 - 6,808 251,587 221,250 30,337 Information Technology 1,157,086 28,794 34,738 (5,944) 837,447 930,227 (92,781) Human Resources 326,577 27,567 21,024 6,543 235,164 271,293 (36,129) Risk Management 272,707 24,810 25,069 (259) 210,300 246,550 (36,250) General Government Buildings 222,928 18,811 15,994 2,817 168,943 190,862 (21,919) Communications 286,891 12,427 22,236 (9,810) 148,329 234,877 (86,548) Community Outreach & Engagement 137,324 9,341 8,718 623 95,605 114,646 (19,041) Municipal Court 463,582 25,360 24,057 1,303 346,620 382,059 (35,439) Police 5,153,840 365,047 390,293 (25,246) 3,816,423 4,242,758 (426,335) Fire 7,306,581 528,073 536,906 (8,833) 5,738,789 6,022,297 (283,508) Public Works 2,322,379 178,408 212,938 (34,530) 1,641,947 1,829,906 (187,959) Parks & Recreation 1,456,693 120,549 99,271 21,278 1,209,432 1,279,411 (69,979) Community Development 1,408,987 93,642 92,160 1,482 913,439 973,712 (60,273) Economic Development 258,509 10,671 8,564 2,108 186,550 204,089 (17,539) Debt Service 852,436 - - - 852,144 852,144 - Operating Transfers to Other Funds 7,399,275 822,744 822,744 - 5,753,787 5,753,787 - Operating Reserve 161,521 - - - - - - Total expenditures 31,279,015 2,363,870 2,459,064 (95,195)23,629,959 25,209,654 (1,579,695) Net Income/(Loss)(2,105,870)(702,502)842,229 Fund Balance - Beginning 10,271,476 10,271,476 Fund Balance - Ending 8,165,606 11,113,705 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Rock for Rescues Vendor Fee -$ -$ 2,744$ 2,744$ Summer Event Vendor Fee - - - - Interest Revenues - 2 21 21 Crabapple Fest Sponsor 15,000 - 13,375 (1,625) Earth Day Sponsor - - - - Summer Event Sponsor 2,000 - - (2,000) Private Entity Contributions - - - - Gas South Partnership - 92 1,272 1,272 Total revenues 17,000$ 94$ 17,412$ 412$ EXPENDITURES Current: Special Events 104,348$ -$ 75,689$ 28,659$ Total Expenditures 104,348$ -$ 75,689$ 28,659$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 75,000 7,431$ 61,209 (13,791) Total other financing sources and uses 75,000$ 7,431$ 61,209$ (13,791)$ Net change in fund balances (12,348)$ 2,931$ Fund balances - beginning 57,600 57,600 Fund balances - ending 45,252$ 60,531$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2019 3 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds - - 14,825 14,825 Interest Revenues/State Funds - - - - Interest Revenues/Federal Funds - 3 30 30 Realized Gain on Investments/State Funds - - - - Proceeds of Sale of Assets - - 3,500 3,500 Total revenues -$ 3$ 18,354$ 18,354$ EXPENDITURES Current: Police 83,815$ -$ 8,150$ 75,665$ Total Expenditures 83,815$ -$ 8,150$ 75,665$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (83,815)$ 10,204$ Fund balances - beginning 83,820 83,820 Fund balances - ending 5$ 94,024$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2019 4 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 950,000$ 89,534$ 712,465$ (237,535)$ Total revenues 950,000$ 89,534$ 712,465$ (237,535)$ EXPENDITURES Current: Public Safety 950,000$ 89,534$ 712,465$ 237,535$ Total Expenditures 950,000$ 89,534$ 712,465$ 237,535$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects - - - - Net change in fund balances -$ (0)$ Fund balances - beginning 0 0 Fund balances - ending 0$ (0)$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2019 5 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 75,000$ 7,431$ 61,209$ (13,791)$ Total revenues 75,000$ 7,431$ 61,209$ (13,791)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 75,000$ 7,431$ 61,209$ (13,791)$ Total other financing sources and uses 75,000$ 7,431$ 61,209$ (13,791)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2019 6 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 110,000$ 110,000$ 23,696$ 94,960$ 94,960$ (15,040)$ Infrastructure Maint Penalty & Interest - - - 366 366 366 Sidewalk Replacement Account - - - - - - Paving Fund - - - - - - Traffic Calming - 8,700 - 8,700 8,700 - Tree Recompense - 3,328 94 3,848 3,848 520 Landfill Host Fees 150,000 48,000 14,782 39,474 39,474 (8,526) Interest Revenue - - 5 234 234 234 Realized Gain or Loss on Investments - - - - - - Donation Revenue/Parks & Recreation - - - 17,000 17,000 17,000 Cell Tower Lease 79,404 79,404 36,704 96,870 96,870 17,466 Insurance Proceeds/Public Safety - 8,175 - 27,571 27,571 19,396 Total revenues 339,404$ 257,607$ 75,281$ 289,023$ 289,023$ 31,416$ EXPENDITURES Capital Outlay City Council 909,494$ 909,494$ -$ 1,306$ 1,306$ 908,188$ General Admin 13,762 13,762 - - - 13,762 Finance 250,000 250,000 - - - 250,000 IT 462,824 526,824 - 396,381 454,690 72,133 General Govt Bldg 482,739 482,739 - 437,393 437,393 45,347 Police 250,644 258,819 - 243,791 243,791 15,028 Fire 1,684,088 1,768,431 52,557 653,942 685,906 1,082,525 Public Works 7,081,087 7,576,370 387,109 4,491,146 5,547,171 2,029,199 Parks & Recreation 1,350,420 2,184,420 5,486 343,870 408,127 1,776,293 Community Development 611,668 682,177 4,335 172,813 442,832 239,345 Total Capital Outlay 13,096,726$ 14,653,037$ 449,487$ 6,740,642$ 8,221,217$ 6,431,820$ Excess of revenues over expenditures (12,757,322)$ (14,395,430)$ (374,206)$ (6,451,619)$ (7,932,194)$ (6,400,403)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 5,332,380$ 6,833,582$ 744,605$ 5,344,371$ 5,344,371$ (1,489,211)$ Transfers in from Capital Grant Fund - 75,000 15,000 45,000 45,000 (30,000) Transfer in from Impact Fee Fund/Parks - 3 - 3 3 - Contingencies (164,048) (100,171) - - - 100,171 Total other financing sources and uses 5,168,332$ 6,808,414$ 759,605$ 5,389,375$ 5,389,375$ (1,419,040)$ Net change in fund balances (7,588,990)$ (7,587,016) (1,062,245)$ (2,542,820)$ Fund balances - beginning 7,587,016 7,587,016 7,587,016 7,587,016 Fund balances - ending (1,974)$ 0$ 6,524,771$ 5,044,196$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2019 7 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 1,671,839$ 1,768,793$ 9,518$ 1,766,352$ 1,766,352$ (2,441)$ Real Property Tax-Prior Year - - 115 420 420 420 Public Utility Tax-Current Year - 13,220 - 13,208 13,208 (12) Personal Property Tax-Current Year 28,684 28,684 70 28,304 28,304 (380) Personal Property Tax-Prior Year - - - 60 60 60 Motor Vehicle Tax 8,903 8,903 551 7,899 7,899 (1,004) Penalties & Interest - Real Property - - 521 3,489 3,489 3,489 Penalties & Interest - Personal Property - - 11 124 124 124 Intergovernmental Revenues - - - - - - Interest Revenue (Regions)100,000 200,000 20,202 282,851 282,851 82,851 Interest Revenue (SunTrust)- - 2 168 168 168 Bond Proceeds - - - - - - Total revenues 1,809,426$ 2,019,600$ 30,990$ 2,102,876$ 2,102,876$ 83,276$ EXPENDITURES Capital Outlay Parks & Recreation 20,359,167$ 20,359,167$ 2,608,983$ 13,707,407$ 13,720,756$ 6,638,411$ Bond Principal 810,000 810,000 - 810,000 810,000 - Bond Interest 899,375 899,375 - 899,375 899,375 - Total Capital Outlay 22,068,542$ 22,068,542$ 2,608,983$ 15,416,782$ 15,430,131$ 6,651,761$ Excess of revenues over expenditures (20,259,116)$ (20,048,942)$ (2,577,992)$ (13,313,905)$ (13,327,255)$ 6,735,037$ Net change in fund balances (20,259,116)$ (20,048,942) (13,313,905)$ (13,327,255)$ Fund balances - beginning 20,860,987 20,860,987 20,860,987 20,860,987 Fund balances - ending 601,871$ 812,045$ 7,547,081$ 7,533,732$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2019 8 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,000,000$ 6,000,000$ 554,551$ 5,020,732$ 5,020,732$ (979,268) Interest Revenues - - 91 644 644 644 Realized Gain or Loss (GA Fund 1)10,800 185,800 20,664 171,850 171,850 (13,950) Total revenues 6,010,800$ 6,185,800$ 575,307$ 5,193,225$ 5,193,225$ (992,575)$ EXPENDITURES Capital Outlay Public Works 12,369,842$ 12,369,842$ 122,974$ 674,596$ 3,757,622$ 8,612,220 Total Capital Outlay 12,369,842$ 12,369,842$ 122,974$ 674,596$ 3,757,622$ 8,612,220$ Excess of revenues over expenditures (6,359,042)$ (6,184,042)$ 452,332$ 4,518,629$ 1,435,603$ 7,619,645$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - - Total other financing sources and uses -$ -$ -$ -$ -$ -$ Net change in fund balances (6,359,042)$ (6,184,042)$ 4,518,629$ 1,435,603$ Fund balances - beginning 8,631,592 8,631,592 8,631,592 8,631,592 Fund balances - ending 2,272,551$ 2,447,551$ 13,150,221$ 10,067,195$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2019 9 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 162,350$ 162,350$ -$ 162,350$ 162,350$ -$ Recreation Trail Program - 200,000 - - - (200,000) Land & Water Conservation Grant - 200,000 - - - (200,000) LMIG Funds 405,528 405,528 - 405,528 405,528 0 LCI Funds - 96,000 - - - (96,000) Interest Revenues - 100 34 223 223 123 Contributions & Donations - - - - - - Total revenues 567,878$ 1,063,978$ 34$ 568,101$ 568,101$ (495,877)$ EXPENDITURES Capital Outlay Unallocated -$ Public Safety - Public Works 1,116,514$ 1,041,514$ -$ 36,301$ 515,159$ 526,354$ Parks & Recreation - 641,693 - 4,550 4,550 637,143 Community Development - 120,000 - - - 120,000 Total Capital Outlay 1,116,514$ 1,803,207$ -$ 40,851$ 519,709$ 1,283,497$ Excess of revenues over expenditures (548,636)$ (739,229) 34$ 527,249$ 48,391$ 787,620$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 300,000$ 565,693$ 78,139$ 409,416$ 409,416$ (156,277)$ Transfer Out to Capital Projects Fund - (75,000) (15,000) (45,000) (45,000) (30,000) Budgeted Fund Balance - - - - - -$ Total other financing sources and uses 300,000$ 490,693$ 63,139$ 364,416$ 364,416$ (186,277)$ Net change in fund balances (248,636)$ (248,536)$ 891,665$ 412,807$ Fund balances - beginning 248,602 248,602 248,602 248,602 Fund balances - ending (34)$ 66$ 1,140,266$ 661,408$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2019 10 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 27,000$ 27,000$ 3,163$ 31,057$ 31,057$ 4,057$ Law Enforcement Fund 13,000 13,000 1,328 13,090 13,090 90 Fire Fund 72,500 72,500 7,610 74,993 74,993 2,493 Road Fund 120,000 100,000 9,497 101,883 101,883 1,883 Park Fund 650,000 650,000 87,011 845,254 845,254 195,254 Interest Revenues/Admin Fund - - 3 28 28 28 Interest Revenues/Law Enforcement Fund - - 1 12 12 12 Interest Revenues/Fire Fund - - 6 67 67 67 Interest Revenues/Road Fund - - 8 89 89 89 Interest Revenues/Park Fund - - 70 752 752 752 Total revenues 882,500$ 862,500$ 108,697$ 1,067,223$ 1,067,223$ 204,723$ EXPENDITURES General Government Buildings 57,967$ 58,485$ -$ -$ -$ 58,485$ Police - - - - - - Fire 237,926 242,902 - - - 242,902 Public Works 208,778 193,219 39,195 39,195 40,252 152,967 Parks & Recreation 2,081,985 2,215,415 - 12,760 12,760 2,202,655 Community Development - 29,980 - - 4,130 25,850 Total Capital Outlay 2,586,655$ 2,740,001$ 39,195$ 51,955$ 57,142$ 2,682,859$ Excess of revenues over expenditures (1,704,155)$ (1,877,501) 69,502$ 1,015,268$ 1,010,081$ 2,887,582$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ 27,000$ -$ -$ -$ (27,000)$ Transfer Out to General Fund/Admin (27,000) - - - - - Transfer Out to Capital Projects Fund/Park - (3) - (3) (3) - Total other financing sources and uses (27,000)$ 26,997$ -$ (3)$ (3)$ (27,000)$ Net change in fund balances (1,731,155)$ (1,850,504) 1,015,265$ 1,010,078$ Fund balances - beginning 1,877,503 1,877,503 1,877,503 1,877,503 Fund balances - ending 146,348$ 26,999$ 2,892,768$ 2,887,581$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2019 11 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ -$ Interest Revenues - - - - Contributions & Donations - - - - - Total revenues -$ -$ -$ -$ -$ EXPENDITURES Capital Outlay General Government Buildings 15,000,000$ 44,035$ 206,632$ 500,024$ 14,499,976$ Fire 2,000,000 - - - 2,000,000 Bond Principal - - - - - Bond Interest - - - - - Total Capital Outlay 17,000,000$ 44,035$ 206,632$ 500,024$ 16,499,976$ Excess of revenues over expenditures (17,000,000)$ (44,035)$ (206,632)$ (500,024)$ 16,499,976$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds 17,000,000 - - - (17,000,000) Total other financing sources and uses 17,000,000$ -$ -$ -$ (17,000,000)$ Net change in fund balances -$ (206,632)$ (500,024)$ Fund balances - beginning 0 0 0 Fund balances - ending 0$ (206,632)$ (500,024)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2019 12 of 13 Amount Percent Yield Money Market - Quantum Bank 5,306,417 21%2.49% GA Fund 1 9,838,586 39%2.39% GA Fund 1 (TSPLOST)10,201,462 40%2.39% Grand Total Investment Portfolio 25,346,465 100% Current Month YTD Current Month YTD Interest earned 35,632 366,014 20,664 171,850 Budgeted interest 22,917 229,167 15,483 154,833 Variance over/(under)12,715 136,847 5,181 17,017 General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending July 31, 2019 13 of 13 MILTON%r TO: FROM: AGENDA ITEM: MEETING DATE: ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 18, 2019 Steven Krokoff, City Manager.-) Approval of the Financial Statements and Investment Report for the Period Ending August 2019 Monday, September 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (),,,NO CITY ATTORNEY REVIEW REQUIRED: (J YES (,�`N0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: J I., '. )2" , .1 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cifyofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on September 18, 2019 for the September 23, 2019 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 11 – August 2019 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 3.77% over what is anticipated for the eleventh period of the fiscal year. Total expenditures to-date are $26,499,638 and are 5.87% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $14,653,037, capital expenditures-to-date total $7,032,536. Please note that the financial statements for capital related funds now include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 1 of 13 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending August 2019 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 11,909,605 81,723 119,252 (37,529) 11,914,970 11,790,344 124,626 Motor Vehicle Tax 462,045 91,457 38,187 53,270 507,632 385,671 121,961 Intangible Tax 215,000 24,949 17,917 7,032 202,782 179,167 23,615 Real Estate Transfer Tax 100,000 10,874 8,333 2,540 87,636 83,333 4,303 Franchise Fees 2,125,933 20,520 - 20,520 1,617,464 1,678,048 (60,584) Local Option Sales Tax 9,350,000 791,668 779,167 12,501 8,064,170 7,791,667 272,504 Alcohol Beverage Excise Tax 310,000 29,465 25,833 3,631 277,188 258,333 18,854 Business & Occupation Tax 810,000 12,050 - 12,050 803,394 810,000 (6,606) Insurance Premium Tax 2,000,000 - - - - - - Financial Institution Tax 45,738 - 3,332 (3,332) 45,738 42,390 3,348 Penalties & Interest 22,000 10,959 1,275 9,684 47,956 21,025 26,931 Alcohol Beverage Licenses 170,582 - - - 165,436 170,582 (5,146) Other Non-Business Permits/Licenses 24,900 3,400 2,499 901 37,426 22,894 14,531 Zoning & Land Disturbance Permits 75,350 640 6,279 (5,639) 112,390 69,068 43,322 Building Permits 335,000 30,968 26,800 4,168 300,968 301,500 (532) Intergovernmental Revenue - - - - 5,625 - 5,625 Other Charges for Service 508,300 23,702 20,592 3,109 457,389 483,967 (26,579) Municipal Court Fines 350,000 24,547 29,155 (4,608) 399,435 320,705 78,730 Interest Earnings 276,000 29,359 6,331 23,028 396,434 269,639 126,795 Contributions & Donations 7,244 - - - 10,222 7,244 2,978 Other Revenue 65,448 5,787 3,916 1,871 72,034 62,520 9,514 Other Financing Sources 10,000 26,708 - 26,708 164,600 10,000 154,600 Total Revenues 29,173,145 1,218,774 1,088,868 129,906 25,690,889 24,758,097 932,793 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 178,229 12,645 19,158 (6,513) 122,887 158,013 (35,126) City Clerk 238,417 14,635 25,256 (10,621) 153,753 217,126 (63,373) City Manager 742,616 62,831 83,533 (20,702) 590,553 681,386 (90,833) General Administration 65,899 1,833 4,035 (2,202) 45,310 61,846 (16,536) Finance 571,538 49,943 48,807 1,137 452,836 525,594 (72,758) Legal 295,000 - - - 251,587 221,250 30,337 Information Technology 1,157,086 28,776 41,284 (12,508) 866,223 983,137 (116,914) Human Resources 326,577 32,433 30,270 2,163 267,596 301,756 (34,159) Risk Management 272,707 24,810 25,069 (259) 235,109 271,619 (36,509) General Government Buildings 222,928 17,061 15,994 1,066 186,003 206,856 (20,853) Communications 286,891 18,436 28,312 (9,876) 166,765 263,189 (96,424) Community Outreach & Engagement 137,324 11,661 13,238 (1,577) 108,005 127,884 (19,878) Municipal Court 463,582 44,678 45,978 (1,300) 391,298 429,328 (38,031) Police 5,153,840 494,059 483,248 10,811 4,310,482 4,740,091 (429,609) Fire 7,306,581 736,540 723,655 12,886 6,475,329 6,746,620 (271,291) Public Works 2,322,379 261,537 222,289 39,248 1,903,485 2,098,665 (195,180) Parks & Recreation 1,456,693 81,490 72,457 9,033 1,290,923 1,359,418 (68,496) Community Development 1,408,987 141,454 139,992 1,461 1,054,893 1,113,625 (58,732) Economic Development 258,509 11,374 12,044 (670) 197,925 216,133 (18,209) Debt Service 852,436 - - - 852,144 852,144 - Operating Transfers to Other Funds 7,399,275 822,744 822,744 - 6,576,531 6,576,531 - Operating Reserve 161,521 - - - - - - Total expenditures 31,279,015 2,868,939 2,857,364 11,575 26,499,638 28,152,211 (1,652,573) Net Income/(Loss)(2,105,870)(1,650,166)(808,749) Fund Balance - Beginning 10,271,476 10,271,476 Fund Balance - Ending 8,165,606 9,462,727 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Rock for Rescues Vendor Fee -$ -$ 2,744$ 2,744$ Summer Event Vendor Fee - - - - Interest Revenues - 3 24 24 Crabapple Fest Sponsor 15,000 - 13,375 (1,625) Earth Day Sponsor - - - - Summer Event Sponsor 2,000 - - (2,000) Private Entity Contributions - - - - Gas South Partnership - 92 1,364 1,364 Total revenues 17,000$ 95$ 17,507$ 507$ EXPENDITURES Current: Special Events 104,348$ -$ 75,689$ 28,659$ Total Expenditures 104,348$ -$ 75,689$ 28,659$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 75,000 7,380$ 68,589 (6,411) Total other financing sources and uses 75,000$ 7,380$ 68,589$ (6,411)$ Net change in fund balances (12,348)$ 10,407$ Fund balances - beginning 57,600 57,600 Fund balances - ending 45,252$ 68,006$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2019 3 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds - - 14,825 14,825 Interest Revenues/State Funds - - - - Interest Revenues/Federal Funds - 3 33 33 Realized Gain on Investments/State Funds - - - - Proceeds of Sale of Assets - - 3,500 3,500 Total revenues -$ 3$ 18,358$ 18,358$ EXPENDITURES Current: Police 83,815$ 87$ 8,237$ 75,578$ Total Expenditures 83,815$ 87$ 8,237$ 75,578$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (83,815)$ 10,120$ Fund balances - beginning 83,820 83,820 Fund balances - ending 5$ 93,940$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2019 4 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 950,000$ 85,222$ 797,687$ (152,313)$ Total revenues 950,000$ 85,222$ 797,687$ (152,313)$ EXPENDITURES Current: Public Safety 950,000$ 85,222$ 797,687$ 152,313$ Total Expenditures 950,000$ 85,222$ 797,687$ 152,313$ OTHER FINANCING SOURCES (USES) Unallocated -$ -$ -$ -$ Transfers out to Capital Projects - - - - Net change in fund balances -$ (0)$ Fund balances - beginning 0 0 Fund balances - ending 0$ (0)$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2019 5 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 75,000$ 7,380$ 68,589$ (6,411)$ Total revenues 75,000$ 7,380$ 68,589$ (6,411)$ OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund 75,000$ 7,380$ 68,589$ (6,411)$ Total other financing sources and uses 75,000$ 7,380$ 68,589$ (6,411)$ Net change in fund balances -$ -$ Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2019 6 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 110,000$ 110,000$ 7,542$ 102,502$ 102,502$ (7,498)$ Infrastructure Maint Penalty & Interest - - - 366 366 366 Sidewalk Replacement Account - - - - - - Paving Fund - - - - - - Fulton County IGA Funding - - 302,558 302,558 302,558 302,558 Traffic Calming - 8,700 - 8,700 8,700 - Tree Recompense - 3,328 - 3,848 3,848 520 Landfill Host Fees 150,000 48,000 - 39,474 39,474 (8,526) Interest Revenue - - 12 246 246 246 Realized Gain or Loss on Investments - - - - - - Donation Revenue/Parks & Recreation - - - 17,000 17,000 17,000 Cell Tower Lease 79,404 79,404 11,690 108,560 108,560 29,156 Insurance Proceeds/Public Safety - 8,175 - 27,571 27,571 19,396 Total revenues 339,404$ 257,607$ 321,802$ 610,825$ 610,825$ 353,218$ EXPENDITURES Capital Outlay City Council 909,494$ 909,494$ -$ 1,306$ 1,306$ 908,188$ General Admin 13,762 13,762 - - - 13,762 Finance 250,000 250,000 - - - 250,000 IT 462,824 526,824 - 396,381 454,690 72,133 General Govt Bldg 482,739 482,739 - 437,393 437,393 45,347 Police 250,644 258,819 - 243,791 280,487 (21,668) Fire 1,684,088 1,768,431 1,840 655,782 685,906 1,082,525 Public Works 7,081,087 7,576,370 286,566 4,777,713 5,547,691 2,028,679 Parks & Recreation 1,350,420 2,184,420 - 343,870 408,127 1,776,293 Community Development 611,668 682,177 3,488 176,300 442,832 239,345 Total Capital Outlay 13,096,726$ 14,653,037$ 291,894$ 7,032,536$ 8,258,433$ 6,394,604$ Excess of revenues over expenditures (12,757,322)$ (14,395,430)$ 29,908$ (6,421,711)$ (7,647,609)$ (6,041,386)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 5,332,380$ 6,833,582$ 744,605$ 6,088,977$ 6,088,977$ (744,605)$ Transfers in from Capital Grant Fund - 75,000 15,000 60,000 60,000 (15,000) Transfer in from Impact Fee Fund/Parks - 3 - 3 3 - Contingencies (164,048) (100,171) - - - 100,171 Total other financing sources and uses 5,168,332$ 6,808,414$ 759,605$ 6,148,980$ 6,148,980$ (659,434)$ Net change in fund balances (7,588,990)$ (7,587,016) (272,732)$ (1,498,629)$ Fund balances - beginning 7,587,016 7,587,016 7,587,016 7,587,016 Fund balances - ending (1,974)$ 0$ 7,314,284$ 6,088,387$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2019 7 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Real Property Tax-Current Year 1,671,839$ 1,768,793$ 13,064$ 1,779,417$ 1,779,417$ 10,624$ Real Property Tax-Prior Year - - (255) 165 165 165 Public Utility Tax-Current Year - 13,220 - 13,208 13,208 (12) Personal Property Tax-Current Year 28,684 28,684 - 28,304 28,304 (380) Personal Property Tax-Prior Year - - - 60 60 60 Motor Vehicle Tax 8,903 8,903 744 8,643 8,643 (260) Penalties & Interest - Real Property - - 1,317 4,807 4,807 4,807 Penalties & Interest - Personal Property - - - 124 124 124 Intergovernmental Revenues - - - - - - Interest Revenue (Regions)100,000 200,000 14,201 297,052 297,052 97,052 Interest Revenue (SunTrust)- - 3 171 171 171 Bond Proceeds - - - - - - Total revenues 1,809,426$ 2,019,600$ 29,075$ 2,131,951$ 2,131,951$ 112,351$ EXPENDITURES Capital Outlay Parks & Recreation 20,359,167$ 20,359,167$ 1,773$ 13,709,180$ 13,720,756$ 6,638,411$ Bond Principal 810,000 810,000 - 810,000 810,000 - Bond Interest 899,375 899,375 - 899,375 899,375 - Total Capital Outlay 22,068,542$ 22,068,542$ 1,773$ 15,418,555$ 15,430,131$ 6,649,988$ Excess of revenues over expenditures (20,259,116)$ (20,048,942)$ 27,302$ (13,286,603)$ (13,298,180)$ 6,762,339$ Net change in fund balances (20,259,116)$ (20,048,942) (13,286,603)$ (13,298,180)$ Fund balances - beginning 20,860,987 20,860,987 20,860,987 20,860,987 Fund balances - ending 601,871$ 812,045$ 7,574,383$ 7,562,807$ City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2019 8 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Transportation Local Option Sales Tax 6,000,000$ 6,000,000$ 563,410$ 5,584,142$ 5,584,142$ (415,858) Interest Revenues - - 106 750 750 750 Realized Gain or Loss (GA Fund 1)10,800 185,800 19,039 190,889 190,889 5,089 Total revenues 6,010,800$ 6,185,800$ 582,556$ 5,775,781$ 5,775,781$ (410,019)$ EXPENDITURES Capital Outlay Public Works 12,369,842$ 12,369,842$ 149,412$ 824,008$ 3,767,778$ 8,602,064 Total Capital Outlay 12,369,842$ 12,369,842$ 149,412$ 824,008$ 3,767,778$ 8,602,064$ Excess of revenues over expenditures (6,359,042)$ (6,184,042)$ 433,144$ 4,951,773$ 2,008,003$ 8,192,045$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - - Total other financing sources and uses -$ -$ -$ -$ -$ -$ Net change in fund balances (6,359,042)$ (6,184,042)$ 4,951,773$ 2,008,003$ Fund balances - beginning 8,631,592 8,631,592 8,631,592 8,631,592 Fund balances - ending 2,272,551$ 2,447,551$ 13,583,365$ 10,639,595$ City of Milton Transportation Local Option Sales Tax (TSPLOST) Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2019 9 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 162,350$ 162,350$ -$ 162,350$ 162,350$ -$ Recreation Trail Program - 200,000 - - - (200,000) Land & Water Conservation Grant - 200,000 - - - (200,000) LMIG Funds 405,528 405,528 - 405,528 405,528 0 LCI Funds - 96,000 - - - (96,000) Interest Revenues - 100 53 276 276 176 Contributions & Donations - - - - - - Total revenues 567,878$ 1,063,978$ 53$ 568,154$ 568,154$ (495,824)$ EXPENDITURES Capital Outlay Public Works 1,116,514$ 1,041,514$ 19,481$ 55,782$ 518,251$ 523,262$ Parks & Recreation - 641,693 1,700 6,250 21,550 620,143 Community Development - 120,000 - - - 120,000 Total Capital Outlay 1,116,514$ 1,803,207$ 21,181$ 62,032$ 539,801$ 1,263,405$ Excess of revenues over expenditures (548,636)$ (739,229) (21,128)$ 506,122$ 28,353$ 767,581$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund 300,000$ 565,693$ 78,139$ 487,554$ 487,554$ (78,139)$ Transfer Out to Capital Projects Fund - (75,000) (15,000) (60,000) (60,000) (15,000) Budgeted Fund Balance - - - - - -$ Total other financing sources and uses 300,000$ 490,693$ 63,139$ 427,554$ 427,554$ (93,139)$ Net change in fund balances (248,636)$ (248,536)$ 933,676$ 455,907$ Fund balances - beginning 248,602 248,602 248,602 248,602 Fund balances - ending (34)$ 66$ 1,182,277$ 704,508$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2019 10 of 13 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Admin Fund 27,000$ 27,000$ 2,712$ 33,769$ 33,769$ 6,769$ Law Enforcement Fund 13,000 13,000 1,138 14,228 14,228 1,228 Fire Fund 72,500 72,500 6,523 81,516 81,516 9,016 Road Fund 120,000 100,000 8,140 110,023 110,023 10,023 Park Fund 650,000 650,000 74,581 919,835 919,835 269,835 Interest Revenues/Admin Fund - - 4 31 31 31 Interest Revenues/Law Enforcement Fund - - 2 13 13 13 Interest Revenues/Fire Fund - - 9 76 76 76 Interest Revenues/Road Fund - - 12 101 101 101 Interest Revenues/Park Fund - - 106 858 858 858 Total revenues 882,500$ 862,500$ 93,227$ 1,160,450$ 1,160,450$ 297,950$ EXPENDITURES General Government Buildings 57,967$ 58,485$ -$ -$ -$ 58,485$ Police - - - - - - Fire 237,926 242,902 - - - 242,902 Public Works 208,778 193,219 - 39,195 40,252 152,967 Parks & Recreation 2,081,985 2,215,415 - 12,760 12,760 2,202,655 Community Development - 29,980 - - 4,130 25,850 Total Capital Outlay 2,586,655$ 2,740,001$ -$ 51,955$ 57,142$ 2,682,859$ Excess of revenues over expenditures (1,704,155)$ (1,877,501) 93,227$ 1,108,495$ 1,103,308$ 2,980,809$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ 27,000$ -$ -$ -$ (27,000)$ Transfer Out to General Fund/Admin (27,000) - - - - - Transfer Out to Capital Projects Fund/Park - (3) - (3) (3) - Total other financing sources and uses (27,000)$ 26,997$ -$ (3)$ (3)$ (27,000)$ Net change in fund balances (1,731,155)$ (1,850,504) 1,108,491$ 1,103,305$ Fund balances - beginning 1,877,503 1,877,503 1,877,503 1,877,503 Fund balances - ending 146,348$ 26,999$ 2,985,995$ 2,980,808$ City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2019 11 of 13 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Year-to-Date Actuals + Encumbrances Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues -$ -$ -$ -$ -$ Interest Revenues - - - - Contributions & Donations - - - - - Total revenues -$ -$ -$ -$ -$ EXPENDITURES Capital Outlay General Government Buildings 15,000,000$ -$ 206,632$ 520,778$ 14,479,222$ Fire 2,000,000 - - - 2,000,000 Bond Principal - - - - - Bond Interest - - - - - Total Capital Outlay 17,000,000$ -$ 206,632$ 520,778$ 16,479,222$ Excess of revenues over expenditures (17,000,000)$ -$ (206,632)$ (520,778)$ 16,479,222$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ -$ Transfers out to General Fund - - - - - Revenue Bond Proceeds 17,000,000 - - - (17,000,000) Total other financing sources and uses 17,000,000$ -$ -$ -$ (17,000,000)$ Net change in fund balances -$ (206,632)$ (520,778)$ Fund balances - beginning 0 0 0 Fund balances - ending 0$ (206,632)$ (520,778)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended August 31, 2019 12 of 13 Amount Percent Yield Money Market - Quantum Bank 5,317,413 21%2.47% GA Fund 1 9,856,948 39%2.20% GA Fund 1 (TSPLOST)10,220,502 40%2.20% Grand Total Investment Portfolio 25,394,864 100% Current Month YTD Current Month YTD Interest earned 29,359 395,372 19,039 190,889 Budgeted interest 22,917 252,083 15,483 170,317 Variance over/(under)6,442 143,289 3,556 20,573 General Fund TSPLOST Fund City of Milton Investment Portfolio Month Ending August 31, 2019 13 of 13 MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 17, 2019 , r FROM: Steven Krokoff, City Manage AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Services: Construction Materials Testing/Special Inspections - SR9 Court/Police and Fire Facility MEETING DATE: Monday, September 23, 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: (,,JIYES () NO CITY ATTORNEY REVIEW REQUIRED: (1YES () NO APPROVAL BY CITY ATTORNEY: (APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C q Il 3I t °ifi 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Robert Buscemi, R.A. – City Architect Date: Submitted on September 12, 2019 for the September 23, 2019 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Universal Engineering Sciences, Inc. for Geotechnical Services: Construction Materials Testing/Special Inspections – SR9 Court/Police and Fire Facility Department Recommendation: Approval . Executive Summary: Universal Engineering Sciences provided the original boring and geotechnical designs for this property. This agreement will provide for required construction services inspections, including in- place soil testing, NPDES Monitoring and special inspections of the building construction. Procurement Summary: Purchasing method used: Professional Services Account Number: 360-1565-541300100 Requisition Total: $49,654 Vendor DBA: Universal Engineering Sciences, Inc. Financial Review: Bernadette Harvill, September 17, 2019 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, September 9, 2019 Concurrent Review: Steve Krokoff Attachment(s): Professional Services Agreement HOMEOF' EE IN M 1ESLTFllO *k' ESTABLISHED 2W6 PROFESSIONAL SERVICES AGREEMENT Geotechnical Services: Construction Materials Testing/Special Inspections - SR9 Court/Police and Fire Facilities This Professional Services Agreement ("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 City Council, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the "City"), and Universal Engineering Sciences, Inc., a Florida Corporation, having its principal place of business in Georgia at 3040 Business Park Drive, Suite F, Norcross, Georgia 30071 (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a project; and WHEREAS, Consultant 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 this Agreement; and 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: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Scope of Work, Cost Estimate and Rates Exhibit `B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Work is as follows: to perform geotechnical testing and reporting services for the constructions materials and special inspection services as outlined in Exhibit "A" and related geotechnical consulting services as needed (to be ordered and specified in writing by Robert Buscemi or his designee prior m performance of services) for the construction phase of the City's Court/Police/Fire facility. Unless otherwise stated in Exhibit "A" or a written order for consulting services, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Term") shall commence as of the Effective Date, and the Agreement shall terminate upon completion of and payment for all Work (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this Agreement, City shall pay Consultant for Work performed to date in accordance with Section 5 herein. If the City's payment obligations continue beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year of the Term absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property (to the extent any transfers under this Agreement) shall remain in Consultant until fully paid for by City. Section 4. Work Changes. Any changes to the Work requiring an increase in the Maximum Contract Price (defined below) or a material change in the scope of the Work 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 $50,000 (the "Maximum Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon the hourly rate and unit price fee schedule provided in Exhibit "A". Consultant shall notify City as soon as the cost of any requested item of Work is expected to substantially depart from the estimates provided in Exhibit "A". Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents required by the Agreement or requested by City to process the invoice. Invoices shall be submitted on a monthly basis. Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant, City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant acknowledges and agrees that the acceptance or approval of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards. C. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant's Representative, Meetings. Scott D. Thomson, RE shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant 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 the City. E. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. F. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant 2 to this Agreement. Consultant shall indemnify City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), to the extent caused by or resulting from the negligence, recklessness, or intentionally wrongful conduct of the Contractor or other persons employed or utilized by the Contractor in performance under this Agreement. This 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 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. G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. H. Insurance. Consultant 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. Consultant 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, Consultant shall ensure that its insurer waives all rights of subrogation against the City for losses arising from Consultant's Work and that the City and its officials, employees or agents are named as additional insureds. I. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy X Section 7. Miscellaneous. A. Entire Agreement; Counterparts; Third Party Rights. 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. 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. 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. 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 District of Georgia —Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. During the Term of this Agreement, Consultant shall maintain a business license with the City, unless Consultant provides evidence that no such license is required. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the 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.). C. 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. D. Notices. All 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 first given above or at a substitute address previously furnished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied 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. 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. F. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties 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. 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. 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. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] Attest/Witness: Signature: Print Name: Ty. ' Title: VAI 'p�'Q ��"Q`" (Assistant) Corporate Secretary Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney CONSULTANT: niver ngi eying Sciences, Inc. Signature: j Print Name:G/ Title: PresidentNice President (Corporation) [CORPORATE SEAL] CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor [CITY SEAL] C'! EXHIBIT "A" Attention: Mr. Robert Buscemi, RA City Architect Reference: Revised Budget Estimate for Construction Materials Testing/Special Inspections Public Safety Building Milton, Georgia UES Project No. 1610.1900047.0000 Dear Mr. Buscemi: Universal Engineering Sciences (UES) is pleased to present this estimate for construction testing for the aforementioned project in Milton, Georgia. This budget supersedes previously submitted budgets and is based New South's Construction schedule, their comments on previous UES budgets and discussions with yourself and New South Construction on September 5, 2019. Services typically performed for project such as this can include the following: density testing during fill placement or utilities, proofrolling of subgrades, and NPDES monitoring. We will only perform those services as authorized by you or your designated representative. UES will not be responsible for scheduling our services and will not be responsible for tests that are not performed due to a failure to schedule our services on the project or any resulting damage. We recommend that a budget of $49,654 be established for the proposed work as shown on the attached table. You will be charged for the actual number of units worked times the listed fee. The listed fees are attached on our fee schedule which are the same rates as previously negotiated for the Milton City Hall in 2015. We request our services be scheduled a minimum of one working day in advance. All requests for services should be submitted directly to our office via email at Atlantascheduling@universalengineering.com or phone at 770-242- 6438x 11600 by 3:00 pm the day before the service is required. Scheduling should not be coordinated through our field personnel. Our services specifically exclude job site safety responsibility and our services do not relieve any contractor/subcontractor from complying with project specifications. We look forward to working with you on this project. Please do not hesitate to contact us if we can be of further assistance. Thank you for the opportunity to service your project. Sincerely, Universal Engineering Sciences, Inc. M Scott D. Thomson, P.E. Branch Manager LOCATIONS • Atlanta UNIVERSAL • Daytona Beach • Fart Myers ENGINEERING SCIENCES 91 . Genesville Consultants In: Geotechnical Engineering • Environmental Sciences • Jacksonville Geophysical Services • Construction Materials Testing • Threshold Inspection • Miami Building Inspection • Plan Review • Building Code Administration • Ocala • Orlando (Headquarters) • Palm Coast September 5, 2019 ity . Panama la • Rockledge Gilt of Milton City • Sarasota 2006 Heritage Walk SL Petersburg • Tampa Milton, GA 30004 • Tifton • West Palm Beach Attention: Mr. Robert Buscemi, RA City Architect Reference: Revised Budget Estimate for Construction Materials Testing/Special Inspections Public Safety Building Milton, Georgia UES Project No. 1610.1900047.0000 Dear Mr. Buscemi: Universal Engineering Sciences (UES) is pleased to present this estimate for construction testing for the aforementioned project in Milton, Georgia. This budget supersedes previously submitted budgets and is based New South's Construction schedule, their comments on previous UES budgets and discussions with yourself and New South Construction on September 5, 2019. Services typically performed for project such as this can include the following: density testing during fill placement or utilities, proofrolling of subgrades, and NPDES monitoring. We will only perform those services as authorized by you or your designated representative. UES will not be responsible for scheduling our services and will not be responsible for tests that are not performed due to a failure to schedule our services on the project or any resulting damage. We recommend that a budget of $49,654 be established for the proposed work as shown on the attached table. You will be charged for the actual number of units worked times the listed fee. The listed fees are attached on our fee schedule which are the same rates as previously negotiated for the Milton City Hall in 2015. We request our services be scheduled a minimum of one working day in advance. All requests for services should be submitted directly to our office via email at Atlantascheduling@universalengineering.com or phone at 770-242- 6438x 11600 by 3:00 pm the day before the service is required. Scheduling should not be coordinated through our field personnel. Our services specifically exclude job site safety responsibility and our services do not relieve any contractor/subcontractor from complying with project specifications. We look forward to working with you on this project. Please do not hesitate to contact us if we can be of further assistance. Thank you for the opportunity to service your project. Sincerely, Universal Engineering Sciences, Inc. M Scott D. Thomson, P.E. Branch Manager Construction Materials Testing and Special Inspection Services Budget Milton Public Safety Center Highway 9 Milton, GA UES Job No. 1610.1900047.0000 u UNIVERSAL This estimate is based on the schedule provided by New South Construction dated 7/19/19 and comments provided by New South and meeting between City, New South and UES on Sept 5, 2019 Field Services Quantity Units Unit Cost Total 1. Full -lime Soils/Concrete Technician For 8 Weeks (Assumes 8 Weeks @ 32hours per week) 1 EACH $3,500.00 $3,500.00 - this is for Mass Grading and excavation of basement 256 HOURS $40.00 $10,240.00 2. Part-time Solls/Concrete Technician from Beginning of November through Middle of January (Assumes 10 week @ 15 hours per week with three trips averaging 4 hours on-site and 1 hour of travel per tri - this is for footings, slabs and misc concrete pours 150 HOURS $40.00 $6,000.00 3. Full time Soil/Concrete Technician for two weeks end of April and Beginning of May for Paving Site Assumes 2 weeks @ 20 hours per week 40 HOURS $40.00 $1,600.00 4. Field Engineer/Special Inspector from Beginning of November through Middle of January (Assumes 10 weeks @ 10 hours per week with two trips averaging 4 hours on-site and 1 hour of travel per tri - this is for Special Inspection on Rebar, Masonry and other Concrete Items 100 HOURS $75.00 $7,500.00 5. Steel Inspections Assumes 10 trips - averaging 4 hours per tri 40 HOURS $85.00 $3,400.00 6. NPDES Assume 10 months August through Ma 9 MONTHS $900.00 $8,100.00 Subtotal: 36,840.00 Mist: Items Quantity Units Unit Cost Total 1. Laboratory Testing Allowance - Proctors, Concrete Cylinders, Asphalt Coring, Turbidity, etc 1 EACH $3,500.00 $3,500.00 2. Trips (Assumes 15 miles to site from Norcross Office based on Google Maps best route - therefore each trip based on $0.50 per mile is $15) 80 EACH 1 $15.00 $1,200.00 Subtotal: $4,700.00 Project Management and Engineering Review Quantity Units Unit Cost Total 1. Prinic al Engineer Review of Reports, Meetings & Consultation 30 1 HOURS 1 $120.00 $3,600.00 Subtotal: $3,600.00 SUBTOTAL: $45,140.00 ADMIN FEE @ 10% $4,514.00 GRAND TOTAL 49,654.01 We have assumed no OT will be needed. OT rates will be 1.5 times the regular rate indicated for labor. OT includes all time in excess of 8 hours per day, 40 hours per week, Saturdays, Sundays and Holidays, prior to 6 A.M or after 6 P.M. Minimum charge of 4 technician hours per trip. A 10% Administrative Fee will be added to each invoice, for review and typing of reports, and miscellaneous administrative functions including scheduling of services. CONSTRUCTION MATERIALS TESTING SERVICES FEE SCHEDULE UES, INC. - Atlanta, GA UES Proposal No. 1610.1115.00002 TECHNICIAN SERVICES 1 Engineering Technician for soil density testing and general concrete sampling/testing, per hour...........................................................................$40.00 2. Engineering Technician - Overtime - for soil density testing and general concrete sampling/testing, per hour...........................................................................$60.00 3. Certified Metals Inspector, per hour.........................................................................................$85.00 4. Mileage......................................................................................................................................$0.50 PROFESSIONAL SERVICES 1. Staff Professional / Field Engineer, per hour...........................................................................$75.00 2. Senior Professional Engineer, per hour...................................................................................$95.00 3. Principal Engineer, P.E., per hour.........................................................................................$120.00 4. CAD Drafting Services, per hour.............................................................................................$45.00 5. Subcontract Services .................... .................................................................................... Cost +15% LABORATORY AND FIELD TESTING SERVICES 1. Standard Proctor Compaction Test, each...............................................................................$95.00 2. Modified Proctor Compaction Test, each..............................................................................$105.00 3. Stone content correction for aggregate Proctor curves...........................................................$20.00 4. GAB Stone Gradation, each....................................................................................................$75.00 5. No. 200 Wash, each................................................................................................................$40.00 6. Grain Size Tests (With Wash 200 Sieve), each......................................................................$60.00 7. Grain Size Tests (With Hydrometer), each..............................................................................$90.00 8. Atterberg Limits Test, each......................................................................................................$60.00 9. Natural Moisture Content Test, each.........................................................................................$8.00 10. Compressive Strength of 6"x12" or 4"x8" concrete cylinders (Note E), each............................$8.00 11. Flexible Strength of Concrete Beams, each............................................................................$35.00 12. Compressive Strength of Concrete Core Samples, each ........................................................$20.00 13. Specific Gravity/Density of Asphalt Cores, each..................................................................... $25.00 14. Extraction / Gradation, per test..............................................................................................$280.00 15. Grout and Mortar Samples, core and compressive strength, each.........................................$10.00 16. Nuclear Density Gauge rental, per day....................................................................................$40.00 17. Coring Equipment and Generator; per day, ........................................................................... $175.00 18. Bolt Torque Wrench and Skidmore, per hour..............................:.............................................$5.00 19. Floor Flatness and Floor Levelness Equipment, per placement...........................................$850.00 20. R -Meter, per day......................................................................................................................$25.00 21. NPDES Monitoring, per month (includes 2 turbidity samples, one initially, and one at 90 days)................................................................................................................................. $900.00 22. Turbidity Sample, per sample..................................................................................................$75.00 NOTES: A. Overtime rates will be 1.5 times the regular rate indicated for labor. B. Overtime includes all time in excess of 8 hours per day, 40 hours per week, Saturdays, Sundays and Holidays, prior to 6 A.M. or after 6 P.M. C. Minimum charge of 4 technician hours per trip. D. A 10% Administrative Fee will be added to each invoice, for review and typing of reports, and miscellaneous administrative functions. E. A $3.00 / cylinder surcharge will be added for cylinders made by others. EXHIBIT "B" INSR ADDL SUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 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 any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Valley Forge Insurance Company Valley Forge Insurance Company National Fire Insurance of Hartford Various Carriers-See Description 8/13/2019 McGriff Insurance Services PO Box 4927 Orlando, FL 32802-4927 407 691-9600 407 691-9600 888-635-4183 Universal Engineering Sciences Inc. 3532 Maggie Blvd. Orlando, FL 32811 20508 20508 20478 #5)19/20 Municipal A X X X Incl X,C,U X **6075841134 01/01/2019 01/01/2020 1,000,000 100,000 15,000 1,000,000 2,000,000 2,000,000 C X **6075841120 01/01/2019 01/01/2020 1,000,000 D X X See Description for Excess Liab information 01/01/2019 01/01/2020 See Descript See Descript B N *WC675841151 01/01/2019 01/01/2020 X 1,000,000 1,000,000 1,000,000 RE: Geotechnical Services at Court/Police & Fire Facility. *Additional Insured status is granted with respect to General Liability if required by written contract per "Blanket Additional Insured-Owners, Lessees or Contractors-with Products-Completed Operations Coverage Endorsement" Form #CNA75079XX 10/16. Primary and Non-Contributory status is granted with respects to General Liability if required by written (See Attached Descriptions) City of Milton 2006 Heritage Walk Milton, GA 30004 1 of 3#S24150018/M23502209 131UNIVEENGClient#: 1405231 PSBE1of 3#S24150018/M23502209 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) contract per "Architects, Engineers and Surveyors General Liability Extension Endorsement" Form #CNA74858 01/15. Per Project Aggregate status is granted as respects to General Liability as per "General Aggregate Limit - Per Project Endorsement" Form #CNA75061 01/15. Contractual Liability as respects to General Liability as per Commercial General Liability Coverage Form form #CG0001 04/13. *Additional Insured status is granted with respects to Automobile Liability policy on a primary basis with regard to the operations of the named insured if required by written contract per endorsement "Business Auto Coverage Form" form #CA0001 10/13. *Waiver of Subrogation status is granted with respects to General Liability if required by written contract per "Architects, Engineers and Surveyors General Liability Extension Endorsement" Form #CNA74858 01/15. *Waiver of Subrogation status is granted with respects to Workers Compensation if required by written contract per Waiver of Our Rights to Recover from Others Endorsement, form #WC000313. *Waiver of Subrogation status is granted with respects to Automobile Liability if required by written contract per "Business Auto Coverage Form" form #CA0001 10/13. With regard to General Liability, when required by written contract, 30 Days Notice of Cancellation applies per form "Changes-Notice of Cancellation or Material Restriction Endorsement" form #CNA74702 01/15. With regard to Automobile, when required by written contract, 30 Days Notice of Cancellation applies per form "Notice of Cancellation or Material Change-Designated Person or Organization" form #CNA72315 02/13. With regard to Workers Compensation, when required by written contract, 30 Days Notice of Cancellation applies per form "Notice of Cancellation or Material Change Endorsement" form #CNA87380 11/16. Excess policies follow form of the underlying policies. EXCESS LIABILITY COVERAGES: Excess Liability Policy over General Liability: National Surety Corporation (NAIC# 21881) Policy #SSE58214255 Policy term 1-1-2019 to 1-1-2020 Provides an additional $9,000,000 per Occurrence, $9,000,000 per Aggregate, excess liability layer above the underlying $1,000,000 occurrence liability limits/$2,000,000 aggregate liability limit provided by primary General Liability policy with Travelers Indemnity Company of America, policy #P6603G518961TIA18. Excess Liability Policy over Auto Liability: Endurance Assurance Corporation (NAIC#11551) Policy #EXC30000530701 Policy term 1-1-2019 to 1-1-2020 Provides an additional $1,000,000 excess automobile liability layer above the underlying $1,000,000 liability limits provided by primary automobile policy with National Fire Insurance of Hartford #6075841120. (Aggregate Limit where applicable.) Excess Liability Policy over Auto Liability: Landmark American Insurance Company (NAIC#33138) Policy #LHA085007 2 of 3 #S24150018/M23502209 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) Policy term 1-1-2019 to 1-1-2020 Provides an additional $4,000,000 excess automobile liability layer above the underlying $1,000,000 automobile liability limits provided by Endurance Assurance Corporation Policy #EXC30000530701. (Aggregate Limit where applicable.) 3 of 3 #S24150018/M23502209 This page has been left blank intentionally. EXHIBIT "C" STATE OF Georgia COUNTY OF Gwinnett 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: 47965 Federal Work Authorization User Identification Number 07-23-2007 Date of Authorization Universal Engineering ciences Inc_ Name of Contractor Geotechnical Services: Construction Malerials Testing and $eciat Inspections - CourtlFire/Police Facility 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. ExecuteA on 9109120 19 in &K9nL rx. Wy), (94 (state). Signature of Authorized Officer or Agent Scott Thomson P.E. - VP Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME N THIS THE D OF N TAIWY PUBLIC Pamela D Sanford [NOTARY SEAL] NOTARY PUBLIC Gwinnett County, GEORGIA My Commission Expires February 23, 2020 My Commission Expires: 2/23/2020 N/A TO: FROM: MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 18, 2019 Steven Krokoff, City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Taylor English Duma, LLP for Review and Assessment of Milton Code of Ordinances Regarding Chapter 4 Alcoholic Beverages MEETING DATE: Monday, September 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (IPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (BYES () NO CITY ATTORNEY REVIEW REQUIRED: ( �IYES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C),-1173)1`` 2006 Heritage Walk Milton, GA P: 678.242.2500 1 R 678.242.2499 info@cityofmiltonga.vs I www,cityofmiltonga.vs To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on September 17, 2019 for Consent Agenda on the September 23, 2019 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Taylor English Duma, LLP for Review and Assessment of Milton Code of Ordinances Regarding Chapter 4 Alcoholic Beverages _____________________________________________________________________________________ Department Recommendation: Approval . Executive Summary: We have engaged Taylor English Duma to review, assess, and report proposed options for consideration for Chapter 4 of the Milton Code of Ordinances along with the corresponding portions of Chapter 64. We are looking for options that will compliment the evolution and growth of the City since the adoption of the existing ordinances. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh Jarrard & Davis – September 4, 2019 Concurrent Review: Steve Krokoff, City Manager Attachment(s): PSA with Taylor English Duma HOME OF'THE BEST QUALITY OF [IFF IN GEORGIA' MILTONIP- ESTABLISI IED 2006 PROFESSIONAL SERVICES AGREEMENT — SHORT FORM AGREEMENTS $10,000 OR LESS Review and Assessment of Milton Code of Ordinances Regarding Alcoholic Beverages This Professional Services Agreement ("Agreement") is made and entered into this day of 120 (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, located at 2006 Heritage Walk, Milton, Georgia 30004 (hereinafter referred to as the "City"), Taylor English Duma LLP, a Georgia partnership, having its principal place of business at 1600 Parkwood Circle, Suite 400, Atlanta, Georgia 30339 (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain a consultant to provide services in the completion of a Project (defined below); and WHEREAS, Consultant 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 this Agreement; and 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: Section 1. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Scope of Work Exhibit "B" — Insurance Certificate Exhibit "C" — Contractor Affidavit Exhibit "D" — Subcontractor Affidavit In the event of any discrepancy in or among the terms of the Agreement and the Exhibits hereto, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work. A general description of the Project is as follows: review, assessment, and reporting proposed options for consideration for Chapter 4 of the Milton Code of Ordinances along with the portions of Chapter 64 that may need to be revised to resolve inconsistencies with Chapter 4. (the "Project"). The Work to be completed under this Agreement (the "Work") is more fully described in the Scope of Work provided in Exhibit "A", attached hereto and incorporated herein by reference. Unless otherwise stated 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 necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. Section 3. Contract Term; Termination. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Term") shall commence as of the Effective Date, and the Work shall be completed on or before September 30, 2019 (provided that certain obligations will survive termination/expiration of this Agreement). City may terminate this Agreement for convenience at any time upon providing written notice thereof to Consultant. Provided that no damages are due to City for Consultant's breach of this Agreement, City shall pay Consultant 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 Maximum 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 $10,000.00 (the "Maximum Contract Price"), except as outlined in Section 4 above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon a lump sum fee. City agrees to pay Consultant for the Work upon certification by City that the Work was actually performed in accordance with the Agreement. No payments will be made for unauthorized work. Compensation for Work performed incurred shall be paid to Consultant upon City's receipt and approval of a single invoice submitted at completion of the Work, along with all supporting documents required by the Agreement or requested by City to process the invoice. Section 6. Covenants of Consultant. A. Licenses, Certification and Permits. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. B. Expertise of Consultant, City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. C. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. D. Consultant's Representative, Meetings. „�,�,,,� /0 tl [NSERT NAME] shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. Consultant 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 the City. E. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of, this Agreement, without the prior express written consent of the City. G. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities,, tools, supplies and/or materials necessary to complete the Work; hiring and payment of consultants, agents or employees to complete the Work, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. 2 H. Insurance. Consultant 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. Consultant shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provide proof of such coverage. I. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "C" and "D" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "W', which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [CIIECI;. ONE] 500 or more employees. 6l 100 or more employees. Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. J. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontractor order. K. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. L. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners; limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall. be entitled to full access and copies of all Materials in the form prescribed by City. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. 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, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. O. 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. Section 7. Miscellaneous. A. Entire Agreement; Counterparts; 'Third Party Rights. 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. 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. 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. E. Governing Law; 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 District of Georgia —Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A.. § 50-18-71, et seq.). C. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only 0 and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. D. Notices. All 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 first given above or at a substitute address previously fiunished to the other Party by written notice in accordance herewith. E. Waiver; Sovereign Immunity. No express or implied 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. 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. F. A2reernent Construction and Interpretation; Invalidity of Provisions;_ Severability. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. The Parties 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. 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. 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. IIS WITNESS WHEREOF, City and Consultant have executed this Agreement, effective as of the Effective Date first above written. ff,, �. , . 5 CONSULTANT: aylor English Duma LLP Signature: Print Name: , r (AelP_ Title: Partner Attest/Witness: Signature: rr '' rr� Print Name: A) � Nk Title: CITY OF MILTON, GEORGIA RATIFIED BY COUNCIL By: Steven Krokoff, City Manager Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney By: Joe Lockwood, Mayor [CITY SEAL] No Text t a y l O r I english Taylor English aura LLP 1600 Farkwood Circle, Suite 400 Atlanta, Georgia 30339 Main: 770.434.6868 Fax: 770.434.7376 tagiorengiish.com Michele L. Stmnpe Direct Dial: 678-336-7160 E-mail: August 27, 2019 Via email: Sarah. 1. t.1as Attention: Sarah LaDart, Economic Development Manager City of Milton 2006 Heritage Walk Milton, GA 30004 Reference: Proposal for Review and Assessment of Chapter 4 of Milton Code of Ordinances and corresponding allowed uses in Chapter 64 Dear Ms. LaDart: Taylor English Duma LLP is pleased to submit a proposal to review, assess and report proposed options for consideration for Chapter 4 of the Milton Code of Ordinances along with the portions of Chapter 64 that may need to be revised to resolve inconsistencies with Chapter 4. Our understanding of this project, along with our proposed scope of services and costs, is presented in the following paragraphs. Project information was provided to us in recent correspondence and telephone conversations with you. We were provided with a Scope of Work as well as initial discussions about some of the difficulties and inefficiencies that have arisen as a result of inconsistencies, omissions or ambiguities in the current Chapter 4 of the Milton Code of Ordinances due to the evolution and growth of the City since the adoption of the existing ordinance. We understand that the City would like assess the options available with respect to adopting a new alcoholic beverage ordinance to more adequately address the sale and provision of alcoholic beverages within the City. However, in order to do so, the City needs to conduct an initial assessment of the issues and inconsistencies within the current alcohol ordinance. Based on our understanding of the project infonnation, this proposal provides for information gathering, ordinance review and meetings with Council to present options for consideration so that Council will have information necessary to determine whether, and to what extent, to revise the current alcohol codes. August 27, 2019 Page 2 For this project, we propose that we would (1) review the current ordinance Chapters 4 and 64, (2) participate in up to three engagement meetings with City of Milton Staff and Stakeholders, and (3) engage with Milton City Council members in a brainstorming Work Session with an outline of proposed options for consideration. Based on the scope of this project as outlined above, we propose to complete this project for a lump sum fee of $10,000.00. We will contact you immediately if we encounter issues that would require additional meetings with Staff, Stakeholders or Council that may be recommended but are outside the scope of this proposal. We would anticipate that this project can be completed by as early as September 17, 2019 assuming the availability of Staff, Stakeholders and Council for the proposed meetings. We appreciate this opportunity to offer our services, and we are looking forward to the assignment. Please call if you have any questions. 1r` (( Sincerely, Mrd Michele L. Stumpe, Esq.: :rr: �: Regulatory Office Dept: Regulatory 505 Eagleview Blvd., Suite 100 Exton, PA 19341-1120 Telephone: 800-688-1840 POLICY NO.: LPN903501802 XL insurance RENEWAL OF: LPN903501801 •• •- - Rut] ;TGAT•Z -•i -. 1J.41:11IM11111" .41k •INEM-9ja PLEASE READ THIS ENTIRE POLICY CAREFULLY. CONSULT YOUR BROKER OR OTHER REPRESENTATIVE IF YOU DO NOT UNDERSTAND ANY TERMS OR PROVISIONS OF THIS POLICY. NOTICE: THIS CONTRACT IS REGISTERED AND DELIVERED AS A SURPLUS LINE COVERAGE UNDER THE SURPLUS LINE INSURANCE LAW, O.C.G.A. CHAPTER 33-5. Item 1. Named Insured: TAYLOR ENGLISH DUMA LLP Mailing Address: 1600 PARKWOOD CIRCLE SUITE 400 Item 2. Policy Period: From: ATLANTA, GA 30339 May 3, 2019 To: May 3, 2020 12:01 A.M. Standard Time at the address of the Named Insured as stated Item 1 Item 3. Limits of Liability: A. Limit of Liability- each Claim B. Limit of Liability - Aggregate C. Limit of Liability - Extension of Coverage Sublimit $ 5,000,000 part of $10,000,000 $ 5,000,000 part of $10,000,000 $ 50,000 Per Proceeding $100,000 Aggregate PLLP 000 0119 © 2019 X.L. America, Inc. All Rights Reserved. Page 1 of 2 EMON 04/30/2019 May not be copied without permission. Item 4. Retention: $ 75,000 each Claim $ N/A Aggregate Item 5. Predecessor Firm(s): N/A Item 6. Retroactive Date: None Item 7. Premium: $159,000.00 part of $318,000.00 Item 8. Endorsements Applicable to Coverage at Inception of Policy: (See Attached Schedule of Forms and Endorsements) Item 9. Producer Name: McGOff, Seibels & Williams, Inc. Mailing Address: 3400 Overton Park Drive SE Suite 300 Atlanta, GA 30339 W M• lava =1 OW144W 0 a 1111,191i 14 A :K,M ]1- 1;; NZI V 'ji ZRIUME1,0114L —0 1'"I'Vill'It This Policy shall not be valid unless signed by a duly authorized representative of the Insurer. Authorized Representative PLLP 000 0119 OO 2019 X.L. America, Inc. All Rights Reserved. Page 2 of 2 EMON 04/3012019 May not be copied without permission. EXHIBIT "C" STATE OFQ� 0-1COUNTY OF CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: X535 Federal Work Authorization User Identification Number JAC 0 Date of Auth rization Taylor English Duma LLP Name of Contractor Review and Assessment of Milton Code of Ordinances Regarding Alcoholic Beverages Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing isand correct. Executed on , 20 Iq in (city), 1 (state). n. L� Siginaaure of Authorized Offir or Agent S h t� �m . 1 rte" ' M t�L, l�. w Printed N eam and Title & A thorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 4A-�, DAY OF [NOTARY SEAL] My GGommissig�Expires: ���i�11111i1�1� Ckt -D )& 1a0Q l STATE OF _ COUNTY OF EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT N (r� A k 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 Taylor English Duma LLP (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Review and Assessment of Milton Code of Ordinances Regarding Alcoholic Beverages 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: MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 17, 2019 FROM: Steven Krokoff, City Manager `�' AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and TizzyLiz Design, LLC for Graphic Design Services. MEETING DATE: Monday, September 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,YAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES () NO CITY ATTORNEY REVIEW REQUIRED: (,4ES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C; y l6 312-ei q 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: Shannon Ferguson, Communications Manager Date: Submitted on September 13, 2019 for the September 23, 2019 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and TizzyLiz Design, LLC for Graphic Design Services. Department Recommendation: Approval Executive Summary: This contract is to procure the services of a graphic designer for the City of Milton. The scope of services includes but is not limited to custom branding, photo retouching, presentation materials (print & electronic), promotional materials, form templates, social media collateral, and PowerPoint templates. Procurement Summary: Purchasing method used: Professional Services Account Number: 100-1570-521200000 Requisition Total: $50,000 (amount not to exceed) Vendor DBA: TizzyLiz Design, LLC Financial Review: Bernadette Harvill, September 16, 2019 Legal Review: Jarrard & Davis, Sam VanVolkenburgh, September 4, 2019 Attachment: Professional Services Agreement, TizzyLiz Design, LLC HOME OPTHE BEST QUALITY OF IIEE IN GEORGIA' MILTON*-' ESTABLISHED 2006 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 20 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its goveming authority, the Mayor and City Council (hereinafter referred to as the "City"), and TizzyLiz Design, LLC a Georgia Limited Liability Company, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" — Scope of Work Exhibit "13" — Contractor Affidavit Exhibit "C Subcontractor Affidavit Exhibit "D" — Key Personnel Exhibit "E" — Affidavit of Workers' Compensation Compliance B. Proiect Description. The "Project" at issue in this Agreement is generally described as: any and all graphic design services provided in support of the Communications Department, Community Outreach & Engagement Department, and all other City departments. C. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "A", attached hereto and incorporated herein by reference. Unless otherwise stated 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 necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Term") shall commence on October 1, 2019, and the Work shall be completed, and the Agreement shall terminate, on September 30, 2020 (provided that certain obligations will survive termination/expiration of this Agreement). If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A_ § 36-60- 13, shall terminate absolutely and without further obligation on the part of City on September 30 each fiscal year of the Term, and further, that this Agreement shall automatically renew on October 1 of each subsequent fiscal year absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. A. Change Order Defined. A "Change Order" means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. D. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, 2 and Consultant shall proceed with the changed work.. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. D. Authority to Execute Chante Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $50,000.00 (the "Maximum Contract Price"), except as outlined in Section II(C) above, and Consultant represents that this amount is sufficient to perform all of the Work set forth in and contemplated by this Agreement. The compensation for Work performed shall be based upon the hourly rate specified in Exhibit "A". C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited as follows: AThere shall be no reimbursement for costs. o Long distance telephone and telecommunications, facsimile transmission, normal postage and express mail, and photocopying charges and time shall be billed at cost. Supplies and outside services, transportation, lodging, meals and authorized subcontracts 3 shall be billed at cost plus no more than a 10% administrative burden. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. In no event shall the total reimbursement for costs incurred during a particular month exceed N/A percent of the total amount due for Work for that particular month. A. Expertise of Consultant; Licenses, Certification and Permits Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perforni all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant's profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. C. City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. M D. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant's Representative. Lori Konen shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H. IndeRendent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement isnot exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. Consultant 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 "E", attached hereto and incorporated by reference. Consultant acknowledges that it will have no subcontractors for the Work. J. Emplolment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "13" and "C" (affidavits regarding compliance with the E - Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable 0 provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "13", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1.986 (IRCA), P.L. 99`-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "C", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 7 500 or more employees. 100 or more employees. X_ Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-1.0-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. K Records. Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City 9 or City's representative(s) for examination all Records. Consultant will permit City or City's representative(s) to audit; examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's office. Further, Consultant shall permit City or City's representative(s) to observe and inspect any or all of Consultant's facilities and activities during normal hours of business for the purpose of evaluating Consultant's compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (S) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalfof a sub -consultant under a contract to the prime Consultant or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. 0 Consultant acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. ys 50-18-72(a)(34) related thereto. N. Key Personnel. All of the individuals identified in Exhibit "D", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant's Project Manager or members of the Project team, as listed in Exhibit "I)", without written approval of City. Consultant recognizes that the composition of this team was instrumental in City's decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant's obligations under this Agreement and shall be grounds for termination. 0. Meetings. Consultant is required to meet with City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant's Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings,, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City; Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. 10 R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Shannon Ferguson shall be authorized to act on City's behalf with respect to the Work as City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in. Section 11 above. A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. 11 D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the terniination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible; and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. 12 D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. (1) Communications Relating to Day -to -Dal activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City's Representative (named above) for City and Consultant's Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITE' shall be sent to: Procurement Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: TizzyLiz Design, LLC 120 Taylor Valley Ct Milton, GA 30004 G. Waiver of Agreement. No failure by City to enforce any right or power granted 13 under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City's right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy; claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity: Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. leo Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers; boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or 14 terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Majeure. Neither City nor Consultant shall be liable for its respective non - negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility; embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant's breach of any term of this Agreement shall be considered a material breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. ISI WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. 1� 1111.111111,11110• ijill 15 CONSULTANT: Liz Design, L Signature - Print Name: Lori Konen, Manager Attest/Witness: r� Signature: nbw b Print Nigne: MV)G F- Title: CLtZ I (0 Z► \ f-1 n ('< < CITY OF MILTON, GEORGIA By: Steven Krokoff, City Manager Approved as to form: City Attorney RATIFIED BY COUNCIL By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: Sudie Gordon, City Clerk 16 No Text To City of Milton Procurement Manager.- The anager: The scope of services proposed by Tizzyliz Design includes but is not limited to the following list of services and deliverables: • Branding -Graphic Design for all print materials (cards, flyers, brochures, etc.) • Logo Design • Photo Retouching • Presentation Materials • Social Media (online ads, cover/header images, etc.) • T -Shirt Designs • Promotional Material • Multi -page Documents such as Annual Reports and CAFRs. • PowerPoint Templates • Form design and templates The services outlined above along with any additional graphic design services are billable at a flat hourly rate of $60.00. Sincerely. Lori A. Konen 120 Taylor Valley Court • Milton, Georgia 30004 • H 678-339-1694 1 C 859-240-8804 • lori@tizzylizdesign.com STATE OF Cameo EXHIBIT "B" COUNTY O 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: quo' �I(p0S-( Federal Work Authorization User Identification Number I 1 20 l3 Date of Authorilation Tiz�Liz Desi�Desi Name of Contractor Graphic Design rtrt Name of Project Ci�of Milton.Geor 'aMilton, Georgia Name of Public EmployerON I hereby declare under penalty of perjury that the foregoing is tru d correct. Executed on 204 in rty), _ (state), VaAire of Authori d Officer or Agent �nr'-I .. Printed Name and Title ofPrinted Name and Title of Authorized or Agent SUBSCRIBEDSWORN BEFORE ME THIS HE � DAY OF � � , 20 , - �(/ Y� -'C�q N ARY PUBL STATE OF _ COUNTY OF EXHIBIT "C" SUBCONTRACTOR AFFIDAVIT Nig 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 TizzyLiz Design, LLC (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Graphic Design � Support Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , 20 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20_ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: The following individuals are designated as Key Personnel under this Agreement and, as such, are necessary for the successful prosecution of the Work: Lori Konen EXHIBIT "E" STATE OF - eoil e, COUNTY OF __ AFFIDAVIT OF WORKERS' COMPENSATION COMPLIANCE By executing this affidavit, the undersigned contractor verifies that it maintains workers' compensation insurance in compliance with applicable Georgia law, or is exempted by law from maintaining workers' compensation insurance. TizULiz Design, LLC Name of Contractor BC�L�)oriKonen, M ager I hereby declare under penalty of perjury that the foregoing is true and correct. Exe ute, 20 in (city), � (state). ature of Authors a Officer or Agent L rzr (A n Printed Name and Title Sf AuthorizedlYfficer or Agent SUBSCRIBED CRIBHAbp SWORN BF,FORE � , 20 —� — > a ARY PUBLIC"—' p%`r"u'""iu""�y�4i *—X0R MOS. [NOTARY SEAL] •= ap"m My Commission Expires: g GEORGIA i MY 24. 2021 = ,-1 a 0 MILTON111 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 17, 2019 FROM: Steven Krokoff, City Managera) AGENDA ITEM: Approval of an Agreement between the City of Milton and LoJack Corporation for the Milton Police Department to Participate in the LoJack® Stolen Vehicle Recovery Network (SVRN) MEETING DATE: Monday, September 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (1), ES () NO CITY ATTORNEY REVIEW REQUIRED: (kES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED PLACED ON AGENDA FOR: clIL31Z.0�`1 () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Chief Rich Austin Date: Submitted on September 9, 2019 for the September 23, 2019 Regular City Council Meeting Agenda Item: Approval of an Agreement between the City of Milton, Georgia and LoJack Corporation for the Milton Police Department to Participate in the LoJack® Stolen Vehicle Recovery Network (SVRN). _____________________________________________________________________________________ Department Recommendation: The Police Department recommends approval of this agreement. Executive Summary: This agreement will give the Milton Police Department acc ess to the LoJack Stolen Vehicle Recovery Network at no cost. The LoJack® Stolen Vehicle Recovery Network (SVRN) is a proprietary technology operating on a Radio Frequency allocated by the FCC for the recovery of stolen vehicles. Funding and Fiscal Impact: None Alternatives: None Legal Review: Sam P. VanVolkenburgh – Jarrard & Davis (July 11, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): An agreement between the City of Milton, Georgia and LoJack Corporation, for the Milton Police Department to participate in the LoJack® Stolen Vehicle Recovery Network (SVRN). Jerry Cole, LoJack Corporation Sr. Manager for Law Enforcement Eastern States 40 Pequot Way, Canton, MA 02021 This letter will serve as the City of Milton’s request to participate in the LoJack® Stolen Vehicle Recovery Network (SVRN) and sets forth the terms of an agreement between the City and LoJack Corporation. The City of Milton Police Department serves a population of 39, has a jurisdiction encompassing approximately 40 square miles, and employs 39 sworn personnel. LoJack shall provide, at no charge whatsoever, the following equipment and services: 1. Police Tracking Computers (PTC) to be installed in designated patrol unit(s). The PTCs are the property of the LoJack Corporation and are valued at $1,500. Installation will be performed by a LoJack technician, as well as all normal maintenance and future exchange of the PTC to a new patrol unit. This installation will require four holes to be drilled in the roof of each vehicle for the PTC antennas. Other than these holes, LoJack will be responsible for any damage to City property caused by the installation and operation of the PTC. The number of PTC's to be deployed will be determined by the LoJack Law Enforcement Liaison with the consent of the Milton Chief of Police. The City enters i nto this agreement based on LoJack’s representation that the PTC is a receiving unit and will not interfere with any radio or electronic systems in the patrol car. Other than intentional damage or destruction of a PTC by the City, the City will not be responsible for any damage or destruction of any PTC installed on City property, and LoJack waives any claim for the cost of a PTC damaged or destroyed in the course of City operations. 2. The LoJack Law Enforcement Liaison for Georgia is Jim Price (james.price@lojack.com), who will provide initial and refresher training to department personnel as often as is needed. 3. LoJack Law Enforcement Liaison Jim Price will be the City’s single point of contact for all support. 4. LoJack will maintain the NCIC/NLETS interface so that stolen vehicles entered by law enforcement are activated and queries of LoJack "hits" are reported back to agencies. The City agrees to: 1. Designate an individual to be the City of Milton Police Department’s LoJack Program Coordinator to work with the LoJack Law Enforcement Liaison. The LoJack Program Coordinator for the City of Milton Police Department is: Sergeant Scott Mulvey, Scott.Mulvey@cityofmiltonga.us, 678-242-2491. 2. Utilize LoJack PTC's for the detection and recovery of LoJack-equipped stolen vehicles, in the discretion of the police officers operating PTC-equipped vehicles. 3. Notify the LoJack Law Enforcement Liaison promptly of any PTC repair, maintenance, reinstallation needs and provide an annual inventory report. If use of the PTC's are no longer desired, to notify the Law Enforcement Liaison promptly and return the PTC's. 4. Consider issuing media releases when stolen vehicle recoveries occur when the release of this information is in the City’s and the public's interest. This agreement can be terminated at any time with notice to the other party and equipment returned to LoJack. This agreement will be governed by the laws of the State of Georgia without regard to conflicts of law principles. Venue for any disputes must be in Fulton County Georgia. This agreement may be accepted by LoJack Corporation by provision of the PTC units following receipt of this signed agreement. CITY OF MILTON, GEORGIA ________________________________________ By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: ________________________________ Sudie Gordon, City Clerk Approved as to form: _______________________________ City Attorney Approved: _____________________________________ George “Rich” Austin, Chief of Police City of Milton Police Department TO: FROM: MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 17, 2019 Steven Krokoff, City Manager(�p AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Signature Tennis Courts, Inc. for Tennis Court Resurfacing Project MEETING DATE: Monday, September 23, 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: (,I/YES () NO CITY ATTORNEY REVIEW REQUIRED: (,YES () NO APPROVAL BY CITY ATTORNEY: (,�IA PPROVED (J NOT APPROVED 31tc�� PLACED ON AGENDA FOR: C,qIz 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.u5 I www.cityofmiltonga.u5 0000 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks & Recreation Director Date: Submitted on September 16, 2019 for the September 23, 2019 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Signature Tennis Courts, Inc. for Tennis Court Resurfacing Project. Department Recommendation: Approval . Executive Summary: The tennis courts at the Former Milton Country Club have over 500’ of cracks and are in need of repair. The approval of this contract will allow all four tennis courts to be resurfaced. The Parks and Recreation department pursued a grant to help fund this project. The total contract amount is $19,809.00. As of now, the USTA has provided us with a $7,000.00 grant and we are still being considered for an additional $2,800 in grant funds which we should be notified of at the end of September . Procurement Summary: Purchasing method used: Informal ITB Account Number: 340-6110-541200002 Requisition Total: $ 19,809.00 Vendor DBA: Signature Tennis Courts, Inc. Financial Review: Bernadette Harvill, September 16, 2019 Legal Review: (Sam VanVolkenburgh), Jarrard & Davis (September 3, 2019) Concurrent Review: Steven Krokoff, City Manager Attachment: Signed contract with Signature Tennis Courts, Inc. HOMEOF MIF BEST QUPUTY OF (IFF N GFQRGIA' MILTON't ESTABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT — SHORT FORM TENNIS COURT RESURFACING PROJECT This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 201_ 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, Milton, Georgia 30004 (hereinafter referred to as the "City"), and _Signature Tennis Courts, Inc., a Georgia corporation, having its principal place of business at 1025 Rose Creek Dr, Ste 620-244, Woodstock, Georgia 30189 (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 All; 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 general description of the Project is as follows: tennis court resurfacing and painting of four (4) tennis courts located at 1785 Dinsmore Rd, Milton, Georgia 30004 (the "Project"). 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. The parties agree that the Work encompasses complete repair of the courts, regardless of the linear footage of any cracks present. Any discrepancy in the documents attached shall be resolved in favor of requiring complete repair. The Work specifically includes compliance with requirements imposed by the USTA in connection with grant funding for this Agreement. 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 warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the Construction Services Agreement I Version 1.0 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 fully 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 $19,809.00 ("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 Contract 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 Contractor upon the City's receipt and approval of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted upon the completion of the work, and such invoices shall reflect costs incurred versus costs budgeted. Such invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment, as appropriate) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. �KIO . 1, 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 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. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 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 Contractor'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. Contractor'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 Construction Services Agreement j Version 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. Mike Imbornone shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor 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"), which may arise from 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 Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the 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 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. G. Insurance. Contractor shall have and maintain in fill 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 Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. ConstrUCtiOn Services Agreement ! Version 1.0 I. Employment of Unauthorized Aliens Prohibited — E- Verify Affidavit. 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 Linder 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 prograin 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 43 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. § 13-10-91 and Georgia Department of Labor Rule 300-10-142. hr 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 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 for a period of five (5) years following completion of the contract. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. _X_ 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. § 1.3-10-91, 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 confidential information. K. Licenses Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, pennits, 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 secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. 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") shall 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 Construction Services Agreement j Version 1.0 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, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, 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. O, 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. Section 7. Final Project Documents; Warranty: Prior to final payment, Contractor shalldeliver 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 one (1) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous: A. Complete Agreement: Counterparts; Third Party Rights, 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, reimbursement, 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 District of Georgia—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, etseq.). C. Notices. All 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 calendar day after the postmark date when mailed by certified snail, 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 Construction Services Agreernent 1 Version 1.0 previously furnished to the other Party by written notice in accordance herewith. D. Waiver; Sovereign Immunity. No express or implied waiver shall affect any term 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. F. 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 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 illegat, 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. Construction Services Agreement j Version 1.0 CITY O 0N, GEORGIA r By: Steven Krokoff, City Manager Attest: — Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney CONTRACTOR: Signature Tennis Courts, Inc. By:6clt V- Its: [CIRCLE ONE] residen Nice President (Corporation) [CORPORATE SEAL] (required if corporation) Attest/Witness: By: Its: ((Assistan poration) RATIFIED BY COUNCIL By: Joe Lockwood, Mayor [CITY SEAL] Construction Services Agreement I Version 1.0 No Text MILTONIP ESTABLISHED 2006 QR 19-PR04 TENNIS COURT RESURFACING PROJECT Questions must be submitted by 5:00 PM on August 2, 2019. Any needed addendum to this bid will be released on or about August 5, 2019. Questions and bid submittal are to be made by electronically via Milton's BidNet procurement portal/platform at www.cityofmiltonga.us . If you have registered with the City of Milton as a vendor via BidNet procurement portal/platform, or are already a member of the Georgia Purchasing Group, you may submit your questions and bid online at www.cityofmilton.gaus via the BidNet procurement portal/platform. We encourage you to register with us as a vendor. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. - BIDS DUE AUGUST 9, 2019 BY 5:00 PM - QR 19-PR04 1 I P au e 'f MILTONt ESTABLISHED 2006 QR19-PR04 Tennis Court Resurfacing Project 1785 Dinsmore Road General Description of Project Scope: The general scope of work will consist of tennis court resurfacing and painting of 4 (four) tennis courts. Contractor is required to visit the site prior to submitting bid to confirm and verify scope. Contractor will replace in kind all damages on impacted properties. 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. The bidder proposes and agrees that if this bid is accepted to contract with the City of Milton to provide all construction labor, materials, equipment, products, transportation, and other facilities and services as necessary and/or required to execute and complete the work in full in accordance with the scope of work provided to the full satisfaction of the City. THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER. The base bid may not be withdrawn or modified, except at the request of the City, for a period of sixty (60) days following receipt of the bids. The City of Milton reserves the right to modify the scope of this project at any time. Appropriate compensation for scope changes will be based on a negotiated fee. QR 19-PR04 21 Pa -, c ILII&I;7I4Ts111*1kiI,1s1671MM11 re f The purpose of this solicitation is to enter into a lump sum price "purchasing contract" with one firm to be the primary contractor of the Tennis Court Resurfacing Project. 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. 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. ATIE1Irl,1 i fork The City intends to evaluate the Bid on the lowest, best, responsible, and responsive vendor. QR 19-PR04 3 1 Ilag e 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, 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. QR 19-PR04 4 1 P a g e (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. (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. Bes s' rating of no less than A:VI. (6) 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 time. The Contractor shall provide proof that any expiring coverage has been renewed or QR 19-PRO4 S 1 l=' rt u e 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). QR 19-PR04 6 1 P a i, e M I ITT N'lPs ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: QR 19-PR04 Tennis Court Resurfacing Project 1785 Dinsmore Road The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached Bid schedule for the unit prices stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with QR 19-PR04 7 1 1' a g c adequate forces and equipment within fourteen (14) calendar days from receipt of Notice to Proceed and to complete all Work within twenty-one (21) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this Bidder Mailing Address: day of 20 Signature: Print Name: Title: Bidder Company Name (Seal) QR 19-PR04 81 P a g, e MILTON ESTABLISHED 2006 PROJECT SPECIFICATIONS PROJECT DESCRIPTION The City of Milton Parks and Recreation Department (City) requests for interested parties to submit bids for the Four -Court Tennis Court Resurfacing Project, located at 1785 Dinsmore Road, Milton, Georgia. Scope The Contractor will: • Prep all four (4) tennis courts by sanding, scraping, and pressure washing the entire surface to remove dirt, stains, debris, mildew, loose surfacing material and other materials that may impact the adhesion of the acrylic coatings • Low spots shall be patched and leveled using acrylic court leveling material • Repair all cracks on the playing surface • Grind down along fence lines where previous resurfacing paint has built up, causing drainage issues for courts • Lay down a manufactured crack repair system over all cracks • Install 1 coat of acrylic resurfacer • Apply two color coats of paint • Apply one coat of blended playing lines for: o Four, 78'tennis courts, two, 60' tennis courts & two 36' courts • Cleanup of all materials and equipment from the site Grant money is being pursued to assist with funding for the project. The attached documents are required to be submitted and the project scopes in the USTA TENNIS COURT RESURFACING DOCUMENTS are required to be followed (pg. 14-15). PROSECUTION AND PROGRESS The City desires to have all work completed by September 20, 2019. Please indicate on the Bid Sheet your projected response time and calendar days to complete the project. This information will be considered when awarding this contract. Construction shall begin no later than ten (10) calendar days following the Notice to Proceed. The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within the calendar days indicated on the Bid Schedule. Inclement weather days will not count against the available calendar days. Normal workday for this project shall be 8:00 am to 6:00 pm and the normal workweek shall be Monday through Friday. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis. No work will be allowed on City recognized QR 19-PR04 91 P a c holidays including Labor Day. The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City shall perform a Final Inspection upon completion of all work. The contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at his expense prior to issuance of Final Acceptance. Except to the extent limited by law, 10% retainage will be held from the total amount due the contractor until Final Acceptance of work is issued by the City. The Contractor shall provide all materials, Labor, and equipment necessary to perform the work without delay unto completion. Contractor shall be responsible for coordinating any utility relocation necessary to the completion of the work. The Contractor shall be responsible for the preservation of all public and private property, crops, fish ponds, tress, monuments, highway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the highway, road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract. No stone or asphalt chunks shall be left in the right-of-way and screened topsoil shall be placed in all disturbed areas before grassing. Contractor is responsible for ensuring that all permanent grassing shall match the existing grassing. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The contractor shall correct all disturbed areas before retainage will be released. The Contractor shall be responsible for the entire site and the construction of the same and provide all the necessary protections as required by laws or ordinances governing such conditions and as required by the Owner or Designer. He/she shall be responsible for any damage to the Owner's property or that of others on the job, by himself/herself, his/her QR 19-PR04 10 1 P personnel or his/her subcontractors, and shall make good such damages. He/she shall be responsible for and pay for any claims against the Owner arising from such damages. The Contractor shall provide all necessary safety measures for the protection of all persons on the work. Contractor shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. He/she shall protect against damage or injury resulting from falling materials and he/she shall maintain all protective devices and signs throughout the progress of the work. KOJAI AM• The Contractor shall obtain the required permits, if required, give all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the Contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the City in writing. If the Contractor performs any work knowing it to be contrary to such laws; ordinances, codes, rules and regulations, and without such notice to the City, he shall bear all cost arising there from. The Contractor shall obtain a building demolition permit from the city and provide all required documentation to obtain the permit but will not be charged the permit fee and shall not include that fee in the base bid. The Contractor is responsible for obtaining all required inspections. All restoration and clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish restoration and clean-up within an acceptable period of time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work. The following are special provisions prepared specifically for this contract and may be in conflict with parts of the standard specifications. If conflicts are evident the special provisions shall take precedence over the standard specifications. QR 19-PRO4 11 I Pa e f A. Submit manufacturer's product data, including surface and crack preparation and application instructions. B. Submit manufacturer's color samples of color coating. C. Manufacturer's Certification: Submit manufacturer's certification that materials comply with specified requirements and are suitable for intended application. D. Manufacturer's Project References: Submit manufacturer's list of successfully completed asphalt tennis court surface color coating system projects, including project name, location, and date of application. E. Applicator's Project References: Submit applicator's list of successfully completed asphalt tennis court surface color coating system projects, including project name, location, type and quantity of color coating system applied, and date of application. F. Warranty Documentation: Submit manufacturer's standard warranty. A. Applicator's Qualifications: 1. Applicator regularly engaged, for past 3 years, in application of tennis court surface color coating systems of similar type to that specified. 2. Employ persons trained for application of tennis court surface color coating systems. A. Delivery and Acceptance Requirements: Deliver materials to site in manufacturer's original, unopened containers and packaging, with labels clearly identifying product name and manufacturer. B. Storage and Handling Requirements: I . Store and handle materials in accordance with manufacturer's instructions. 2. Keep materials in manufacturer's original, unopened containers and packaging until application. 3. Store materials in clean, dry area indoors. 4. Store materials out of direct sunlight. 5. Keep materials from freezing. 6. Protect materials during storage, handling, and application to prevent contamination or damage. 7. Close containers when not in use. QR 19-PRO4 12 1 P i u e A. Do not apply asphalt tennis court surface color coating system when air or surface temperatures are below 50 degrees F during application or within 24 hours after application. B. Do not apply asphalt tennis court surface color coating system when rain is expected during application or within 24 hours after application. A. Protection of In -Place Conditions: Protect adjacent surfaces and landscaping from contact with asphalt tennis court surface color coating system. B. Prepare surfaces in accordance with manufacturer's instructions. C. Remove dirt, dust, debris, oil, grease, vegetation, loose materials, and other surface contaminants which could adversely affect application of asphalt tennis court surface color coating system. Pressure wash entire surface. D. Repair cracks, depressions, and surface defects in accordance with manufacturer's instructions before application of filler course and color coating. E. Level depressions 1/8 inch and deeper with patch binder in accordance with manufacturer's instructions. G. Apply 1 or 2 coats of filler course as required by surface roughness and porosity to provide smooth underlayment for application of color coating. H. Ensure surface repairs are flush and smooth to adjoining surfaces. A. Allow a minimum of 24 hours curing time before opening tennis courts for play. B. Protect applied asphalt tennis court surface color coating system to ensure that, except for normal weathering, coating system will be without damage or deterioration at time of Substantial Completion.. QR 19-PRO4 13 1 P a g e USTA TENNIS COURT RESURFACING DOCUMENTS United States Tennis Association Tennis Court Resurfacing Form Project Name City of Milton - Tennis Court Resurfacing Project Proj ect Ad d re ss 1785 Dinsmore Road City, State, Zip Code Milton, Georgia 30004 Client Name Client Address City, State, Zip Code Contractor Name Contractor Address City, States, Zip Code Date of Proposal Number of Courts Project Resurfacing Scope (please check all that apply): 1. ®Court Cleaning/Preparation -The contractor shall sand, scrape and/or power wash the entire court surface to remove dirt, stains, debris, mildew, loose surfacing material and other materials that may impact the adhesion of the acrylic coatings. 2. ® Low Spot/Birdbath Repair - Prior to the application of the court surface system, the entire court area shall be water flooded and allowed to drain for sixty minutes. At that time the surface shall be inspected for depressions, and areas holding water deeper than 1/8 inch shall be clearly marked to establish the bird bath outline. Once they are completely dried, the outlined area shall be patched and leveled using acrylic court leveling material. 3. ®Crack Repair —The contractor shall rout, air blow and clean all structural cracks in the pavement. All cracks will be filled their entire depth with acrylic patch binder material. Multiple applications may be necessary. The contractor shall feather and sand all crack repairs to be even with the adjacent court surface. (All) 4. ® Manufactured Crack Repair —The contractor shall overlay 570 linear feet of pavement cracks with a manufactured crack repair system in accordance with the manufacturer's instructions and recommendations. 5. ® Resurfacer Coats — The contractor shall provide and install 1 coat(s) of acrylic resurfacer at an undiluted coverage rate of 07 gallons per square yard per coat. QR 19-PR04 14 1 P a- e 6. (@Color Coats -The contractor shall provide and Install 2 coat(s) of acrylic color (with sand) at an undiluted coverage rate of .06 gallons per square yard per coat. 7. ® Playing lines - The contractor shall provide and install 2 coat(s) of playing lines in accordance with the Rules of Tennis. Lines shall be installed using line masking tape that is primed to seal the edge and minimize any bleed under the tape. Lines shall be crisp and straight. Fuzzy lines shall not be accepted. All playing lines shall be installed with textured line paint. 2 8. © Blended Playing Lines - The contractor shall provide and install blended 36/60 foot tennis playing lines at the facility in accordance with the USTA recommendations for blended playing line installation. This will result in a total of 4 78 -foot tennis courts, 2 60 -foot tennis courts, and 2 36 -foot tennis courts. (Note: The USTA recommends at least 50% of courts be provided Wand 60' playing lines for youth, beginner, senior, adaptive and Pop Tennis players.) 9. ®Clean Up -The contractor shall remove all materials, equipment, barrels, etc. from the site and restore the general site to an acceptable condition. 10. Other Scope Items: 11. Price Proposal - The contractor shall furnish materials and labor to complete the scope of work above for the sum of 12. Other Terms/Conditions (Please attached additional documents as necessary) - QR 19-PR04 15 1 P a b e MILTON IP ESTABLISHED 2006 JBIDDERS 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 day of 20 (Seal) (Signature) QR 19-PR04 16 1 P a b e M 11 -'To N-,I!� 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: Company Name: Company Name: Company Name: QR 19-PR04 171 P a g e MILTONIP, ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] STATE OF GEORGIA CITY OF MILTON 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 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 Tennis Court Resurfacing Project 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: QR 19-PR04 18 1 1) aI " C M I I -To i -\j 1� ESTABLISIIED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE Tennis Court Resurfacing Project Bid Amount (Dollar Amount in Numbers) (Company Name) (Signature) (Printed Name) Total Bid Price $ Print Total Bid Price Fill out completely the Bid Schedule above as well as line entries for "Total Bid Price" and "Print Total Bid Price". Number of days to fully complete project (exclude weather related days) 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 SIGNATUR PRINT / TYPE NAME _ TITLE QR 19-PR04 19 1 P a -, c M I LTO NSM 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: QR 19-PR04 20 111 a Lr c SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Release of Informal Bid Deadline for Written Questions Date: July 26, 2019 August 2, 2019 @ 5:00 PM *Questions may be emailed to: bids@cityofmiltonga.us or submitted electronically via Milton's BidNet procurement portal/platform at www.cityofmiltonga.us City of Milton Addendum (on or about) August 5, 2019 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due: August 9, 2019 by 5:00 P.M., EST **Bids may be submitted electronically via Milton's BidNet procurement portal/platform at www.cityofmiltonga.us If you have registered with the City of Milton as a vendor via BidNet procurement porta ]/platform, or are already a member of the Georgia Purchasing Group, you may submit your questions and bid online at www.cityofmiltonga.us via the BidNet procurement portal/ platform. We encourage you to register with us as a vendor. There is no cost to join, and you will be notified of any potential bid opportunities with the City of Milton as well as other agencies who are part of the Georgia Purchasing Group. Contract Award (On/about) Notice to Proceed Issued (On/about) August 23, 2019 August 26, 2019 QR 19-PR04 21 1 Pa -, c This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 201_ [INSERT DATE] (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 [INSERT ADDRESS] (hereinafter referred to as the "City"), and [INSERT CONTRACTOR NAME], a [INSERT TYPE OF ENTITY]; having its principal place of business at [INSERT ADDRESS] (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: [LIST EXHIBITS, AT A MINIMUM:] A. Scope of Work, attached hereto as "Exhibit Ar"; 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 general description of the Project is as follows: [INSERT GENERAL DESCRIPTION OF PROJECT] (the "Project"). 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. 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 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 QR 19-PR04 22 1 P a - e Agreement on or before the start date to be specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within [INSERT NUMBER OF DAYS]. 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 _ [INSERT MAXIMUM CONTRACT PRICE] ("Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon [specify hourly rate, flat fee, REIMBURSEMENT or other basis], and Contractor represents that the Contract 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 Contractor upon the City's receipt and approval of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment, as appropriate) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. 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 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. The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Contractor or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. 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 Contractor'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 QR 19-PR04 23 111 a e 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. Contractor'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 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. [INSERT NAME] shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor 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"), which may arise from 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 Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the 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 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. 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 QR 19-PRO4 24 1 P a o e 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 Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. I. Employment of Unauthorized Aliens Prohibited - E -Verify Affidavit. 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 43 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 if 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 (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 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 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 for a period of five (5) years following completion of the contract. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 [CHECK ONE] 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 subcontractors) 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 confidential 'information. 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 secure and pay for the building, permit and other permits and QR 19-PR04 2'5 111 a - e: governmental fees, licenses and inspections necessary or customarily secured for proper execution and completion of the Work. L. 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") shall 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 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, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Agreement, 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. 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 one (1) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous. A. Complete Agreement; Counterparts; Third Party Rights. 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, reimbursement, 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 District of Georgia 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 seq.). C. Notices. All 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 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 QR 19-PR04 26 111 a _ e notice in accordance herewith. D. Waives; Sovereign Immunity. No express or implied waiver shall affect any term 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. F. 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 be construed as if the Parties had drafted if 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) orsection(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. By: Its: [CIRCLE ONE] President/Vice President (Corporation) General Partner (Partnership/Limited Partnership) Member/Manager (LLC) Owner (Sole Proprietorship/Individual) [CORPORATE SEAL] (required if corporation) Attest/Witness; By: Its: ((Assistant) Corporate Secretary if corporation) QR 19-PR04 271 l a - e Signature:, [CITY SEAL] Attest: By: Its: Joe Lockwood, Mayor City Clerk Approved as to form: City Attorney QR 19-PRO4 281 P a L- - e {°EXHIBIT A" [INSERT DETAILED SCOPE OF WORK] "EXHIBIT B" [INSERT INSURANCE CERTIFICATE MEETING STANDARD (OR OTHERWISE APPROVED) REQUIREMENTS OF THE CITY OF MILTON, GEORGIA] QR 19-PR04 29 1 P a g e under O.C.G.A. r STATE OF _ 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: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Name of Project City of Milton; Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ,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 My Commission Expires: [NOTARY SEAL] "EXHIBIT V SUBCONTRACTOR ti AGREEMENT QR 19-PR04 30 1 12 �i g e under O.C.G.A. § 13-10-91(b)(3) STATE OF _ COUNTY OF 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 [INSERT NAME OF CONTRACTOR] on behalf of the City of Milton, Georgia, has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10- 91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub - subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub - subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor 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: QR 19-PR04 31 1 P a g e 'f MII-TONJtSH ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 QR 19-PR04 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 solicitation. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL ADDRESS: Signature ADDENDUM #1 Date I I P a g e Q R 1 9 - P R 0 4 Addendum #I M. I LTONIt ESTABLISHED 2006 ADDENDUM #1 QR 19-PR04 Questions and Answers This Addendum forms a part of the contract documents and modifies the original solicitation documents as noted below: Can you tell us what kind of crack repair is to be used? Are we just filling the cracks or using a crack repair system such as Riteway or Armour? Yes, crack repair will be done with Riteway, Armor, or an equivalent crack repair product. 2. Listed on the USTA Grant is 570' of cracks on these courts. There are actually 774' of cracks on the 4 courts. Are we supposed to price for 774' of cracks? In our initial inspection we measured 570' of cracks. However, it could be possible that additional cracks have formed. We are requesting pricing based on the complete repair of the 4 tennis courts. 2 1 P a g e QR 1 9 - P R 0 4 Addendum 4 1 oxv.nTa"; S G N A T U R E AMERICAN SPORTS BUILDERS ASSOCIATION 4TEN N IS CO U RTS _70i iEco PHONE: 404-642-5002 'q�AP* uer FAX: 770-516-0916 MIKE@SIGNATURETENNIS COM Mike Imbornone (Owner) August 5, 2019 TO: CITY OF MILTON TENNIS COURTS 1785 DINSMORE ROAD ALPHARETTA, GA 30004 RESURFACE 4 EXISTING 78' COURTS 1. CLEAN COURTS AS NECESSARY 2. FILL ALL STRUCTURAL CRACKS WITH E330 CRACK FILLER AND INSTALL MULTI LAYERED RITE WAY CRACK REPAIR SYSTEM OVER 774' STRUCTURAL CRACKS (1/16" OR LARGER) THE RITE WAY PRODUCT WILL NOT BUBBLE, HAS NO HOLLOW SOUND AND INCORPORATES A MICRO SEALANT MOISTURE BARRIER OVER THE CRACKS. 3. FILL ALL LOW LYING AREAS THAT ARE HOLDING WATER DEEPER THAN THE THICKNESS OF A NICKEL AND PAVING JOINTS WITH ACRYLIC PATCH BINDER NOTE: THESE AREAS WILL IMPROVE BUT WILL NOT BE PERFECT 4. GRIND PROTRUDING AREAS AND PATCH WITH PATCH AND LEVEL MIX 5. APPLY 1 COAT OF BLACK AND 2 COATS OF DECO FULL ACRYLIC PLAYING SURFACE NOTE: THIS IS THE MANUFACTURER OF THE TENNIS COURT ACRYLICS OF THE U.S. OPEN NOTE: THE APPLICATION RATE FOR THE BLACK ACRYLIC RESURFACER IS APPROXIMATELY 0.06 GALLONS PER SQUARE YARD, PER APPLICATION AND THE APPLICATION RATE FOR THE 2 COATS OF COLOR IS 0.05 GALLONS PER SQUARE YARD PER APPLICATION AND CONTAINS SAND (COLORS WILL BE ROYAL BLUE AND LIGHT GREEN UNLESS SPECIFIED OTHERWISE 6. STRIPE 4 REGULATION TENNIS COURTS WITH ONE COAT OF PRIMER AND TWO COATS OF TEXTURIZED WHITE LINE PAINT AND STRIPE COURTS WITH BLENDED WAND 60' LINES 7. SAND AND PAINT NET POSTS, RE -HANG NETS AND CLEAN WORK SITE THOROUGHLY RESURFACE WITH RITE WAY CRACK REPAIR SYSTEM: $22,010 DISCOUNT: ($2,201) $19,809 NOTE: A 5 YEAR WARRANTY IS INCLUDED ON ALL EXISTING STRUCTURAL CRACKS COVERED WITH RITE WAY. IF ANY AREAS FAIL, THE CRACKS WILL BE RE -DONE AND AREA WILL BE RE - COLOR COATED. THIS WARRANTY DOES NOT INCLUDE ANY NEW CRACKS THAT MAY DEVELOP IN THE FUTURE. CONTINUED ON NEXT PAGE S I IS N T E N N I S PHONE: 404-642-5002 FAX: 770-516-0916 MIKE@SIGNATURETENNIS COM PAGE TWO CITY OF MILTON RESURFACE 4 COURTS A T U R E C 0 U R T S AMCN SPORTSERIBAUI LDERS ASSOCIATION TENNIS COURT eUIIDR Mike Imbornone (Owner) NOTE: SIGNATURE TENNIS DOES NOT FEEL THAT IT IS AN OPTION TO RESURFACE THE COURTS WITHOUT INSTALLING THE RITE WAY SYSTEM OR A COMPETITIVE PRODUCT, AS THE CRACKS WILL MOST ASSUREDLY RETURN DURING THE FIRST WINTER. NOTE: OWNER MUST PROVIDE WATER AND ELECTRICITY WITHIN CLOSE PROXIMITY OF CO U RTS ACCEPTANCE SIGNATURE DATE United States Tennis Association Tennis Court Resurfacing Form Project Name City of Milton / Milton Tennis Center Project Address 1785 Dinsmore Road City, State, Zip Code Alpharetta, Ga 30004 Client Name Client Address City, State, Zip Code Contractor Name Signature Tennis Courts, Inc. Contractor Address 1025 Rose Creek Drive Suite 620-244 City, States, Zip Code Woodstock, Ga 30189 Date of Proposal 8-5-19 Number of Courts Project Resurfacing Scope (please check all that apply): I. ®Court Cleaning/Preparation -The contractor shall sand, scrape and/or power wash the entire court surface to remove dirt, stains, debris, mildew, loose surfacing material and other materials that may impact the adhesion of the acrylic coatings. 2. IA Low Spot/Birdbath Repair - Prior to the application of the court surface system, the entire court area shall be water flooded and allowed to drain for sixty minutes. At that time the surface shall be inspected for depressions, and areas holding water deeper than 1/8 inch shall be clearly marked to establish the bird bath outline. Once they are completely dried, the outlined area shall be patched and leveled using acrylic court leveling material. I ❑Crack Repair—The contractor shall rout, air blow and clean all structural cracks in the pavement. All cracks will be filled their entire depth with acrylic patch binder material. Multiple applications may be necessary. The contractor shall feather and sand all crack repairs to be even with the adjacent court surface. 4. 1771 Manufactured Crack Repair —The contractor shall overlay774' linear feet of pavement cracks with a manufactured crack repair system in accordance with the manufacturer's instructions and recommendations. 5. RResurfacer Coats—The contractor shall provide and install I coat(s) of acrylic resurfacer at an undiluted coverage rate otiD,06 gallons per square yard per coat. 6. ®Color Coats —The contractor shall provide and install a coats) of acrylic color (with sand) at an undiluted coverage rate of 0.05 gallons per square yard per coat. ZPlaying Lines—The contractor shall provide and install cT coat(s) of playing lines in accordance with the Rules of Tennis. Lines shall be installed using lime masking tape that is primed to seal the edge and minimize any bleed under the tape. Lines shall be crisp and straight. Fuzzy lines shall not be accepted. All playing lines shall be installed with textured line paint. 8. ®Blended Playing Lines — The contractor shall provide and install blended 36/60 foot tennis playing lines at the facility in accordance with the USIA recommendations for blended playing line installation. This will result in a total of 4 78 -foot tennis courts, 2 60 -foot tennis courts, and 2 36 -foot tennis courts. (Note: The LISTA only funds projects that include 36' and 60` playing lines and recommends that at least 50% of courts be provided 36' and 60' playing lines for youth, beginner, senior, adaptive and Pop Tennis players.) 9. ®Clean Up —The contractor shall remove all materials, equipment, barrels, etc. from the site and restore the general site to an acceptable condition. 10. Other Scope Items: 11. Price Proposal —The contractor shall furnish materials and labor to complete the scope of work above for the sum of Nineteen thousand, eight hundred nine dollars and no cents 12. Other Terms/Conditions (Please attached additional documents as necessary)- M11TON' ; _ ESTABLISHED 2006 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 QR 19-PR04 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 solicitation. COMPANY NAME: A al—+—u re T—e-61V1i"5 CcU(fs� CONTACT PERSON: _ 1 ILe Zvi -ro b ADDRESS: I Ua�� T -0S -e CV e- tL (� �. SV,4 ('L'-( Y CITY: w0UdSt-0(k PHONE: STATE: (66- ZIP: '3010 _ 1 4 0 q (0 g Z S b b Z FAX: X70 S L�) 0 �l EMAIL ADDRESS: G�S 1C-, AaiV (-e -t fl vt (S - afYY% Signature Date ADDENDUM #1 () R 1 `) - P R U-1 :\ d d e I) d u in 1 adequate forces and equipment within fourteen (14) calendar days from receipt of Notice to Proceed and to complete all Work within twenty-one (21) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this day of ti 20 19 Bidder Mailing Address: 5- 14 I. -e 4-f, L" -zv Bidder�tc (Seal) Company Name f Signature:=--_ __ Print Name: Ij i)rl Title: QR 19-PRO4 8 1 P e1 ,, ,ti !TONj P ESTA➢LI!I IED 2006 JBIDDERS 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 SignatureCf /� y� Date Print/Type Name Print/Type Company Name Here Sd�11ty(-e (-e4tK 15 (ours 4L -c . CORPORATE CERTIFICATE 1, JCUJj--'AE0V6 CAL certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that N (14 who signed said bid in behalf of the Contractor, was then (title) b LUYU K- 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; ihat said Corporation is organized under the laws of the State of e -u C i c1 This day of 4gn(Seal) re) QR 19-PR04 16 1 P a `• e T -M R LT0 r\'! It ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do , do not V , propose to subcontract some of the work on this project, I propose to Subcontract work to the following subcontractors: p , Company Name: Company Name: Company Name: Company Name: u io QR 19-PR04 171r'a�c M. 1 f.- TO N- %� ESTABL3SHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] STATE OF GEORGIA CITY OF MILTON 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 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: o&lab 5 eVerify Number JD`(7-0D09 Date of Authorization SICSnahre i b4l i5 (yrt5 J 6ti Na e of Contractor Tennis Court Resurfacing Project 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 ,J5t- , S 2011 in IN U D 61'5 h6 L -k-- (city), L6-6�— (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON TH19 T,HE_ DAY OF v s f 2010. I�tOTARY PO .o* // [ SJ- 9 : 'OUBL��' ry:; O My Commits QR 19-PR04 18 1 P ;.1 u MUTnN:t-ft ESTABLISHED 2006 [BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE] BID SCHEDULE Tennis Court Resurfacing Project Bid Amount $ D �j (Dollar Amount in Numbers) 1 SI V1Gr1Ure-TeriAi -1-5 12C (Co an Name) (Signature) N1. i ((-e .%Ywb D rn or) e, (Printed Name) Total Bid Price $ 1 � b C1 Print Total Bid Price N Ing+-ah`i' i0y5ci a e i ckf hUnare-d nines- cf 6 e -t rs Fill out completely the Bid Schedule above as well as line entries for "Total Bid Price" and "Print Total Bid Price". Number of days to fully complete project (exclude weather related days) I b G S 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 S,c,YiafU,eT��i��S ADDRESS 246� brR-f- ,- .G)I -C (QZD�ifi- 3Ole y AUTHORIZED SIGNATURE L/"- (jI PRINT / TYPE NAME A"` TITLE 0 LU /1 � �,— QR 19-PR04 19 1 P a g c T n N, ft ESDULISHED 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 S G n ((+-u ce T.e,UiPi 3 �?�� {� C 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: QR 19-PR04 20 1 F ;, i I ® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 9/6/2019 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 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 678-904-6621 678-974-8775 Boykin Insurance Inc. 216 14th St NW, Suite 1A Atlanta, GA 30318 NAME: Jannette Boykin A CDN o Eft : 678-904-6621 (A/C No): 678-974-8775 AbDREss:jannette@boykininsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Ohio Security Insurance Co 24082 INSURED 404-642-5002 SIGNATURE TENNIS COURTS INC 1025 Rose Creek Drive Woodstock, GA 30189 INSURER B: Metropolitan Property & Casualty Insuranc 26298 INSURER C: The Ohio Casualty Insurance Co 24074 INSURER D: Ohio Security Insurance Co 24082 INSURER E: INSURER. F: COVERAGES CERTIFICATE NUMBER: 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TR OF INSURANCE ADDLISUBRPOTYPE INSR WVD POLICY NUMBER EFF MMIDIDIYYYY LEXP MM/DCY DY LIMITS A GENERAL LIABILITY y COMMERCIAL GENERAL LIABILITY CLAIMS -MADE IZI OCCUR ✓ BKS (19) 58616502 02/27/19 02/27/20 EACH OCCURRENCE $1,000,000 DAMAGEPREMISESS (RENTED _ Ea occurrence) $ 500,000 MED EXP (Any one person) $ - 5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY J` LOC y PRODUCTS - COMP/OP AGG s2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED 117 HIREDAUTOS V AUTOS ✓ CA012894P2019 06/15/19 06/15/20 Co aBcitleDiSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per $ BODILY INJURY (Per accident) $ — OPER Y DAMAGE $. (Pe $ C UMBRELLA.LIAB EXCESS LIAB V( OCCUR. CLAIMS -MADE V V( EBU 044158656 02/27/19 02/27/20 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I V I RETENTION$ 1 Million $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WXS (19) 58616502 07/1'8/19 07/18/20 WC STATU- OTH- T T E.L. EACH ACCIDENT $ 000,000 E.L. DISEASE - EA EMPLOYEE $ 1.000,000 E.L. DISEASE - POLICYLIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Description of Operations: Tennis Court Resurfacing Project CERTIFICATE HOLDER CANCELLATION City of Milton 2006 Heritage Walk SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Milton, GA 30004 ACCORDANCE WITH THE POLICY PROVISIONS. AV email: pgisterd ESS TI 1988-2010 ACORD CORPO ION, All rights reserved. ACORD 25 (2010/05) The ACORD name and logarks of ACORD off -M, tKis STATE OFCJeDC6�10A 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: aWdv� Federal Work Authorization User Identification Number l b -to. o Date of Authorization Signature Tennis Courts, Inc. Name of Contractor Tennis Court Resurfacing Project 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 6 4j(city), (state). Signature of Authorized Officer or Agent (Mbo rnD p _ rimed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME O THIS THE (O DAY OF 201 �. v vyl 1161114 O ARV LIC ®�a�� SITYS ®,®® ®® .•o��miss My Commission Expires: ®�C' ® m "EXHIBIT D" SUBCONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(3) STATE OF 116 COUNTY OF 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 Signature Tennis Courts, 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: I hereby declare under penalty of perjury that the Federal Work Authorization User Identification foregoing is true and correct. Number Date of Authorization Name of Subcontractor Tennis Court Resurfacing Project Name of Project City of Milton, Georgia Name of Public Employer Executed on _,201 — ,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 My Commission Expires: TO: FROM: MILTON%h ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 17, 2019 Steven Krokoff, City Manager Vi AGENDA ITEM: Approval of a Task Order between the City of Milton and BM&K, P.C. to Provide Pre -Construction and Right of Way Acquisition Services for Cogburn Road Sidewalks MEETING DATE: Monday, September 23, 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: (41YES () NO CITY ATTORNEY REVIEW REQUIRED: (YES () NO APPROVAL BY CITY ATTORNEY: (1APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on September 5, 2019 for the September 23, 2019 Regular City Council Meeting Agenda Item: Approval of a Task Order between the City of Milton and BM&K, P.C. to Provide Pre-Construction and Right of Way Acquisition Services for Cogburn Road Sidewalks _____________________________________________________________________________________ Project Description: The City of Milton issued a RFP for City Program Management Services including plan review and right of way acquisition services for infrastructure improvement projects. This task order is for pre-construction and right of way acquisition services on the Cogburn Road Sidewalk Project. The services to be provided under this task order are for plan review, constructability review, attend meetings as requested by City, right of way coordination, right of way acquisition, determination of value, negotiation, closing document preparation , bid preparation, and review of bids. Procurement Summary: Purchasing method used: Task Order Related to Original RFP Account Number: 335-4101-541400007 Requisition Total: $30,000 Vendor DBA: BM&K, PC Financial Review: Bernadette Harvill, September 5, 2019 Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, September 4, 2019 Attachment(s): Task Order MILTON* ES MUSHED 2006 TASK ORDER TO PROVIDE PRE -CONSTRUCTION AND RIGHT OF WAY ACQUISITION SERVICES FOR COGBURN ROAD SIDEWALK PROJECT THIS TASK ORDER between the parties is entered into pursuant to the Professional Services Agreement (RFQ #17-PWOI), incorporated herein by reference, and shall serve as authorization by City of Milton to BM&K, P.C. (referred to herein alternately as "Consultant" and "BM&K") to perform the services described herein pursuant to the terms and conditions, mutual covenants and promises provided herein and in the Professional Services Agreement, 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: Description of Services: The City is requesting pre -construction and right of way acquisition services for the Cogburn Road Sidewalk Project. The services to be provided under this task order are for plan review, constructability review, attend meetings as requested by City, bid preparation, review of bids, right of way coordination, determination of value, negotiation, and closing documents. The concept for the sidewalk is attached as Exhibit "A". A detailed scope of work for the right of way services is attached as Exhibit "B". Timing: This task order will be completed within 12 months of notice to proceed by the City. Compensation: This task order shall not exceed $30,000.00 based upon the rates that are part of the Agreement. Attachments: Exhibit "A" Concept Exhibit "B" Right of way scope Approved by City Council Mayor Date See following page for additional signatures Approved as to form: City Attorney 2006 Heritage Walk Millon, GA 30004 P: 678.242.2500 � F: 678.242.2499 info@cilyofmiltonga.us � www.cityofmiltonga.us Cfl®I�l�J MILTON) E5 MUMED J0 CITY OF MILTON: sy: Date: 2006 Heritage Walk Milton, GA 30004 O O © O Tifle:�� Name: Date: P: 678.242.2500 � F: 678.242.2499 info@clfyofmiltonga.us � www.cifyofmiltonga.us EXHIBIT "A" No Text EXHIBIT SCOPE OF SERVICES FOR RIGHT OF WAY ACQUISITION SERVICES General Conditions: A. The consultant shall attend periodic meetings with the city regarding the status of the right of way acquisition tasks. B. Fees for acquisition/negotiation to be determined from rates in agreement and based on type of interest in property. C. Fees for valuation to be determined from rates in agreement and based on level agreed upon by the city. Pre -Acquisition Any pre-acquisition activities shall be in conformance with Federal regulations. Services may include, but are not limited to the following: Coordination services A. This includes all pre-acquisition and acquisition coordination with the city B. Coordination may include but not limited to review plans, coordinate plan revisions, review titles, attend meetings, prepare property management forms, prepare status reports, meet with appraisers to ride project, assign appraisals and monitor appraisals Determination of Value A. Prepare a detailed right of way cost estimate in spreadsheet format to be submitted to city B. Provide Project Inspection Checklist with recommendations on level of appraisal for each parcel C. City will make determination of actual level of appraisal for each parcel a. Appraisal services determine market value of the unencumbered fee simple interest, easements and any other interests in the part taken plus any consequential damages, offset to the extent of special benefits in accordance with State law. The services to be performed by the consultant may include Self Contained Appraisals at levels to be determined by the city. The appraisals shall be prepared in conformance with Federal regulations. Individual appraisal reports shall be provided on the GDOT approved appraisal format. Additionally, the appraisals will be prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP) and in accordance with the Code of Ethics of the Appraisal Institute. D. Some parcels may require additional reports to determine costs to cure for items such as septic systems, parking, and trade fixtures. The fees for these additional reports will be included as determined by the City at the rates that are part of the agreement. Neeotiation: Negotiation services are for the acquisition of right of way and easements. The services to be performed by the Consultant at the rates in the agreement for type of interest and includes, but is not limited to the following: Negotiation Package A. Upon receipt of approved appraisals or cost estimate from the City, the Consultant shall prepare negotiation packages for owners to include the following: 1. Brochure entitled "What Happens When Your Property Is Needed for a Transportation Facility" 2. Receipt for Brochure 3. Offer Letter 4. Option & Plats 5. Statement of Estimated Values 6. Letter of Availability of Incidental Payments 7. Copies of plans with right-of-way and easements highlighted Negotiation Activity A. The Consultant should make all offers to purchase the required right of way and/or easements along with any other required payments to owners, tenants, or other parties having an approved monetary interest. All offers and benefits will be explained in detail and negotiation activities will be conducted in accordance with federal guidelines. Negotiation Activity shall include the following: I. All owners should be contacted in person, if possible, at a time and place convenient to the owner. There shall be a sufficient number of personal contacts with each owner, in an attempt to sepure a property settlement through negotiations, unless it is clearly apparent that continued negotiations would be unproductive. 2. The Consultant shall provide and explain to owners appropriate right of way plan sheet(s), cross-sections, driveway profiles and other construction information as requested by owners. 3. The Consultant will NOT provide owners with Appraisals under any circumstance, unless City gives permission. 4. Review and confirm with owner the accuracy of all information stipulated in the Preliminary Title Report. 5. If a settlement is reached at the offer amount, the Consultant will submit an option to the City for approval. If a counter offer is submitted by a property owner, Consultant will provide the necessary written justification for all approved settlements to designated official with the City. Under no circumstances will the Consultant have the authority to accept a settlement on behalf of the City, either monetarily or contractually. 6. Once an approved Option is obtained, Consultants must submit approved option along with all required supporting documentation to the City. 7. If a negotiated settlement cannot be reached, the Consultant shall turn the file over to the City for further action. B. The Consultant shall prepare and maintain a legible negotiation record on each property interest on which negotiation was attempted. The record should include the following: 1. Dates of negotiation or contact 2. Place of contact 3. Persons present 4. Offers made 5. Explanation of Right of Way and Construction plans 6. Counter-offers and recommendations regarding those counter-offers 7. Reasons why settlements could not be reached (if required) 8. Feedback and concerns from the property owner 9. Description of title problems and how they were solved (if required) 10. Signature of the negotiator for settled interests 11. Any other data pertinent to the negotiations 12. All related correspondence and reports in connection with and incidental to the parcel Individual Parcel Files A. The Consultant shall prepare and maintain individual parcel files which includes the following: 1. Title reports 2. Appraisal reports / Approved cost estimates 3. Copies of all negotiation records 4. All required forms executed by property owners 5. Copies of all correspondence B. Files shall be available at any time for inspection by the City. All such information is the property of the City and shall be immediately delivered to the City upon request. Any information and/or knowledge gained from the appraisals, the acquisition and relocation on this project shall be kept confidential and not publicly disclosed without prior written authorization by the City. Closings Consultant will coordinate with City Attorney on parcel closings. City Attorney will perform closings. Consultant may be asked to attend closings if needed. Consultant will provide City Attorney with documents for closing of each parcel on the appropriate instruments/forms including: 1. Right -of -Way Deed/Permanent Easement/Temporary Easement/Driveway Easement 2. Settlement and Disbursement Statement 3. IRS 1099-S Form 4. Owner's Affidavit 5. Final Title Certificate 6. Lien Releases Condemnations Consultant will coordinate with City Attorney on parcel condemnations. A. The City will authorize the tasks of coordination and petition preparation that will be based on rates in agreement MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 17, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of a Contract Amendment between the City of Milton and Safebuilt Georgia, LLC MEETING DATE: Monday, September 23, 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: (,YES (J NO CITY ATTORNEY REVIEW REQUIRED: (✓J'YES (J NO APPROVAL BY CITY ATTORNEY: (,YAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C'ti 1 z31 7 `t 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on September 16, 2019 for the September 23, 2019 Regular City Council Meeting Agenda Item: Approval of Contract Amendment between the City of Milton and Safebuilt Georgia, LLC Department Recommendation: Staff is recommending approval of the contract addendum as submitted. Executive Summary: This contract amendment provides for the automatic renewal provision within the current contract between the City of Milton and Safebuilt Georgia, LLC expires September 30, 2019 and it requires an annual acknowledgement between the two parties to continue services. This is the last year of the 10 -year contract between the two parties. Funding and Fiscal Impact: No changes to the existing revenue sharing agreement. Alternatives: Other directed Council action. Legal Review: Sam VanVolkenburgh, September 9, 2019 Concurrent Review: Bernadette Harvill, Finance Director Attachment(s): Amendment to the Professional Services Agreement ATA10rT�:Like (61:2 "TO d Wre]I+iI THE CITY OF • •' �' ANDGEORGIA, Amendment to the Professional Services Agreement generally described as City of Milton Building Plan Review and Inspection Services (RFP 10 -CD2) effective December 20, 2010 and as subsequently amended, between the City of Milton, Georgia, (City) and Safe Built Georgia, inc., whom as of October 01, 2014 has merged into and consolidated with SAFEbuilt Georgia, LLC (Consultant). The City and the Consultant shall be jointly referred to as the "Parties". Amendment Effective Date: This Amendment shall be effective on October 1, 2019. RECITALS AND REPRESENTATIONS Municipality and Consultant entered into a Professional Services Agreement (Agreement), by which both Parties established the terms and conditions for service delivery. On September 14, 2015, City and Consultant instituted an Addendum to the Agreement to extend the term of the Agreement through September 30, 2018 and provided for two (2) subsequent annual periods (two annual extensions) by mutual agreement of Parties. On November 19, 2018, City and Consultant instituted a Second Addendum to the Agreement to extend the term of the Agreement through September 30, 2019 and added certain "City Arborist" services to the scope of work. The Parties now desire to add one further year to the Agreement and to delete the City Arborist provisions. NOW, THEREFORE Agreement is hereby amended as set forth below. 1. The Term of Agreement shall be extended for an additional twelve (12) month period of October 01, 2019 through September 30, 2020. The Parties agree and acknowledge that because the Agreement concludes at the end of the City's fiscal year without further obligation, this extension is compliant with O.C.G.A. § 36-60-13(a). 2. Exhibit B is hereby amended by removing the City Arborist services and fees added by the November 19, 2018 Second Addendum. 3. Consultant represents that the insurance requirements set forth in Section IV.1 of the Agreement shall remain in force during the Term of this extension, and Consultant shall demonstrate evidence of such coverage by providing an up-to-date insurance certificate to City. The original Agreement (as amended), Exhibits, and terms shall remain in effect to the extent not modified by this Addendum. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS HEREOF, the undersigned have caused this Amendment to be executed in their respective names on the dates hereinafter enumerated. City of Milton, Georgia Signature Joe Lockwood, Mayor Date: Attest: City Clerk [CITY SEAL] Approval as to Form: City Attorney SAFEbuilt Georgia, LLC 1� Signature Name: Thomas P. Wilkas Title: Chief Financial Officer Date: September 12, 2019 TO: FROM: MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 17, 2019 Steven Krokoff, City ManagerG .> AGENDA ITEM: Approval of Change Order #I for Construction Services Agreement Intersection Improvement Projects (Freemanville Road at Providence Road and Webb Road at Morris Road Roundabouts) MEETING DATE: Monday, September 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: QIYES () NO CITY ATTORNEY REVIEW REQUIRED: (IV'ES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 071 z 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoaGityofmiltongo.w I www.Gityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Sara Leaders, PE, Transportation Engineer Date: Submitted on September 16, 2019 for the September 23, 2019 Regular City Council Meeting Agenda Item: Approval of Change Order #1 for Construction Services Agreement Intersection Improvement Projects (Freemanville Road at Providence Road and Webb Road at Morris Road Roundabouts) _____________________________________________________________________________________ Department Recommendation: Approval . Executive Summary: This change order is to add the “Major Waterline Relocation (Bid Alternate)” for intersection improvement for Freemanville Road at Providence Road referenced in the City’s Request for Proposals, with certain modifications to the relocation plans and pricing structure for that bid alternate. It is also the purpose of this change order to increase the quantities of items of work in the bid schedule for the intersection improvement for Webb Road at Morris Road as well as adding items that are called out in the plans but not listed in the bid schedule. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: 300-4101-541401703 ($302,558.17) 335-4101-541400010 ($64,634.02) Requisition Total: $367,192.19 Vendor DBA: CMES, Inc. Financial Review: Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 3/5/19 Concurrent Review: Robert Drewry, Public Works Director Attachment(s): Change Order #1 HOME OF " - " . % - ' 1 T Tn EiTAKI IS] 11D 2006 CHANGE ORDER #1 FOR CONSTRUCTION SERVICES AGREEMENT Intersection Improvement Projects (Freemanville Road and Webb Road Roundabouts) WHEREAS, the City of Milton, Georgia ("City") and CMES, Inc. ("Contractor") have entered into a Construction Services Agreement (the "Agreement") dated June 4, 2018, incorporated herein by reference, for the construction of roundabouts at the Freemanville Road and Providence Road intersection and Morris Road and Webb Road intersection; and WHEREAS, the parties desire to issue an addendum pursuant to Section 6 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. The parties acknowledge that the purpose of this Change Order is to add the "Major Waterline Relocation (Bid Alternate)" referenced in the City's Request for Proposals, with certain modifications to the relocation plans and pricing structure for that bid alternate. 2. The parties acknowledge that it is also the purpose of this change order to increase the quantities of items of work shown in the bid schedule for Morris Road and Webb Road as well as adding items that are called out on the plans but not listed in the bid schedule. 3. Exhibit B of the Agreement is amended to add the chart of unit prices attached to this Change Order as "Exhibit B". This chart reflects the unit prices Contractor will charge for performing the bid alternate (waterline relocation) work and additional related work. 4. Exhibit C of the Agreement is amended to add the chart of unit prices attached to this Change Order as "Exhibit C". This chart reflects the increase in quantities of items of work purchased for Morris Road and Webb Road items of work purchased to add items called out on the plans but not listed in the bid schedule. 5. Exhibit H of the Agreement is amended to add the waterline relocation plans attached to this Change Order as "Exhibit A". If the Contractor determines that the plans in "Exhibit A" conflict with the plans attached to or incorporated into the existing Agreement, Contractor shall consult with City for clarification before proceeding. 6. Section 2.A of the Agreement is amended to reflect that the bid alternate is made a part of the scope of work of the Agreement. Accordingly, the Project includes relocation of a water line owned by Fulton County in the vicinity of the Freemanville Road and Providence Road intersection to accommodate the construction of a roundabout. 7. Section 4.A of the Agreement is amended to reflect that the waterline relocation will be completed as part of the Freemanville Road and Providence Road intersection improvements but the deadline for completing those improvements and the waterline relocation will be extended by 17 additional calendar days. The deadline will be two hundred and eighty (297) calendar days from the notice to proceed for that project. 8. Section 5.A of the Agreement is amended to read as follows Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $2,166,570.19 (the "Maximum Contract Price"). The compensation for Work performed shall consist of (i) the sum of the units of Work actually performed on the Morris Road and Webb Road roundabout at the Morris/Webb road unit prices set forth in "Exhibit B", up to a not -to -exceed cap of $382,190.02; (ii) the sum of the units of Work actually performed on the waterline relocation for the Freemanville Road and Providence Road roundabout project, at the waterline relocation unit prices set forth in "Exhibit B", up to a not -to -exceed cap of $302,558.17; and (iii) the lump sum price of $1,481,822.00 for the Freemanville Road and Providence Road roundabout project (not including the waterline relocation work). Contractor represents that the Maximum Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. 9. Section 7.0 of the Agreement is amended to add Fulton County and its commissioners, officers, officials, employees, and agents as "Indemnified Parties". Notwithstanding anything to the contrary in the Agreement, the Contractor shall 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 the Work, irrespective of Fulton County's negligence (except that no party shall be indemnified for their own sole negligence). Contractor shall, if requested, assume and defend at the Contractor's own expense, any suit, action or other legal proceedings arising therefrom in which Fulton County, and/or Fulton County's commissioners, officers, officials, employees, and agents, are named as a party, and Contractor hereby agrees to satisfy, pay, and cause to be discharged of record any judgment which may be rendered against Fulton County, and/or Fulton County's commissioners, officers, officials, employees, and agents, arising therefrom. Contractor shall ensure that the provisions of this paragraph are included in all subcontracts relating to the Work. 10. Section 7(P) is amended by adding the following text as a new paragraph (11): (11) In addition to the other requirements of this section, Contractor shall maintain the following insurance: 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 2 dollars ($300,000) on an account of any one occurrence. Contractor shall also 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). iv. Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work contemplated under this agreement. v. All insurance shall be maintained in full force and effect during the life of this Agreement and until final completion of the Work. 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. 11. Pursuant to Section 7.Q of the Agreement, Contractor shall increase the amount of its performance bond, payment bond and maintenance bond to reflect the increase in the Maximum Contract Price. Contractor shall provide updated executed bond documents to the City within 30 days of execution of this Change Order. 12. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] 3 CONTRA R: CMES, Inc. By: Print Name: Q n ry% r. r - i a c Its: ES !N President/Vice President SEAL [CORPORATIISE (required if co oration °RG Attest/Witness: Print Name:_ CMATUR CHNADN(aY(� Its: (' G- 0 ((Assistant) Corporate Secretary if corporation) CITY OF MILTON, GEORGIA IM Joe Lockwood, Mayor [CITY SEAL] Attest: Print Name: Its: City Clerk Approved as to form: City Attorney Exhibit A � k ¥�2e� @t§25 $■2!t §Bkk- 11 `-.- 9= .•v !am- ; pin 0 W o g \ V A � > a O !ills 11 `-.- 9= .•v !am- ; pin 0 W r� L >g Z Ii 9N/ 7Z Or 14 Oy/ \` 00,#Of w If G1b � P -.,4 •' Q Q�p� �. I'• � 1 t6.1 � in£6 cw,i ,� .011. � •�,�� J ----------- ! i..'pcmss )I l `Lms / � A .• �I. ICY I.i �f� ✓ [- � I Ili I. {n b � I 111i4 N f 1 i 1� f 1 I JyN �ppppppff Y i .�-h ; �! z,Q6 -- i 1 -,-.- 1 ! ; _.. ._._.....--•-•-•---•-•-----•-----•---•-- - -- ----- -- - - -- = LM ! ya V4 11 �.`►01. W� 11 �ylii �tO.a�a lrw?v * jf Exhibit B 0 o 0 0 0 0 0 0 0 13 O � G n N N \ m Z w w w ° 0 0 Z N o W Q a a Q w 00 o o 0 0 0 0 0 N o o M O M O O FM + h O oo N O O O V � Z p w a w w ..r O O p z O io 2 5 u b o o 0 o oo 0 0 o o 0 0 0 6 0 0 0 6 0 0 o o 0 0 o 0 o Li 'a O V Y Q 3 M p O o p o0 0 o o 0 o o d o o o o a o onj m p Y- o 0 0 0 C M V p _ $ o — E.- ° 0 0 0° 0 0 0 M 0 4 o o° o o p w Q V Fa O m. o o o o o o o 0 0 ~ L 2 r _ Q 7 Q o # u Q 00 o 0 0 o 0 o o 0 0 o o 0 o 0 P O o o h Q' p N �. G O o o h o O o Op O o O P O O � co M V N N O> V N 0 0 OO 0 0 O o 0 o o 0 O 0 N O h o P O V M d N 0 0 0 d d P P VOi b 0 W O O O 0 0 O I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q N j Q ul W Q W< V V y Q N W o N Z r Y C 10 O O Y O z w N= O � Z Z Z V Z m Z j a a o o N Z Q v o O W w Z Z x 0 V v ° Q o V Q o 0 O. Q _ Exhibit C Morris Road And Webb Road Roundabout Change Order Quantities Add Median Concrete 10" 66.80 $84.00 5,611.20 Add Arrow tpl 2.00 $111.80 223.60 Add Arrow tp2 2.00 $128.70 257.40 Add Arrow tp3 4.00 $207.55 830.20 Add 8" White 976.00 $2.96 2,888.96 Add Yield Bar 48.00 $17.03 817.44 Add Removal of Striping 1,000.00 $1.00 1,000.00 653-1501 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, WHITE LF 248.00 $0.70 173.60 653-1502 THERMOPLASTIC SOLID TRAF STRIPE, 5 IN, YELLOW LF 339.00 $0.70 237.30 653-3501 THERMOPLASTIC SKIP TRAF STRIPE, 5 IN, WHITE GLF 198.00 $0.70 138.60 441-6222 CONC CURB & GUTTER, 8 IN X 30 IN, TP 2 LF 421.50 $20.00 8,430.00 441-0104 CONC SIDEWALK, 4 IN SY 157.55 $30.00 4,726.50 413-1000 BITUM TACK COAT GL 475.00 $6.00 2,850.00 402-1812 RECYCLED ASPH CONC LEVELING, INCL BITUM MATL & H L TN 280.38 $130.00 36,449.22 64,634.02 MILTON, k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 17, 2019 FROM: Steven Krokoff, City Manageo AGENDA ITEM: Approval of Subdivision Plats. MEETING DATE: Monday, September 23, 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: () YES (INO CITY ATTORNEY REVIEW REQUIRED: () YES (,KNO APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: cO t 3I1 ti () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us CMZ Z•Z To: Honorable Mayor and City Council Members From: Parag Agrawal , Community Development Director Date: Submitted on September 12, 2019 for the September 23, 2019 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, Final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. 1. The Rockhill Farms minor plat described herein consists of three existing parcels located on Henderson Road that range from 1.3 acres to 4.2 acres . The purpose of this minor plat is to combine the three existing lots and re-subdivide into two larger parcels. The size of the new parcels ranges from 4.34 to 4.518 acres. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, City Manager Attachment(s): Consent Agenda Plats Staff Memo Page 2 of 5 Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Rockhill Farms LL 262 16200 & 16206 Henderson Rd. Minor Plat Combine & re-subdivide 3 existing lots into 2 Lots 8.861 0.225 Lots / acre Consent Agenda Plats Staff Memo Page 3 of 5 Consent Agenda Plats Staff Memo Page 4 of 5 Consent Agenda Plats Staff Memo Page 5 of 5 MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 17, 2019 //z FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamations Recognizing Constitution Week Presented to the Daughters of the American Revolution - Martha Stewart Bulloch Society and Patriots of Liberty Chapters and the Sons of the American Revolution - Piedmont Chapter MEETING DATE: Monday, September 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,)/PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (�1O CITY ATTORNEY REVIEW REQUIRED: () YES (,VNO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: C' z 3) 2 c 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cifyofmiltonga.us 0000 Constitution Week 2019 WHEREAS, The Constitution of the United States, the guardian of our liberties, is a product of reflection and choice, embodying the principles of limited government in a Republic dedicated to rule by law, not by men; and WHEREAS, September 17, 2019 marks the two hundred and thirt y-second anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this memorable anniversary, and to the patriotic exercises that will commemorate the occasion; and WHEREAS, Public Law 915, guarantees the issue of a proclamation each year by the President of the United States of America designating September 17th through September 23rd as Constitution Week. This Constitution Week, we, the City of Milton, urge all citizens to study the Constitution and to express gratitude for the privilege of American citizenship in our Republic, functioning under the superb body of laws - the Constitution of the United States of America. Now, therefore, we, the Mayor and City Council of the City of Milton, proclaim the week of September 17, 2019 through September 23, 2019 as Constitution Week in the City of Milton and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787. Presented to the Martha Stewart Bulloch Chapter of the National Society, Daughters of the American Revolution. Given under our hand and seal of the City of Milton, Georgia on this 23rd day of September 2019. _________________________________ Joe Lockwood, Mayor Constitution Week 2019 WHEREAS, The Constitution of the United States, the guardian of our liberties, is a product of reflection and choice, embodying the principles of limited government in a Republic dedicated to rule by law, not by men; and WHEREAS, September 17, 2019 marks the two hundred and thirty-second anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this memorable anniversary, and to the patriotic exercises that will commemorate the occasion; and WHEREAS, Public Law 915, guarantees the issue of a proclamation each year by the President of the United States of America designating September 17th through September 23rd as Constitution Week. This Constitution Week, we, the City of Milton, urge all citizens to study the Constitution and to express gratitude for the privilege of American citizenship in our Republic, functioning under the superb body of laws - the Constitution of the United States of America. Now, therefore, we, the Mayor and City Council of the City of Milton, proclaim the week of September 17, 2019 through September 23, 2019 as Constitution Week in the City of Milton and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787. Presented to the Patriots of Liberty Chapter of the National Society, Daughters of the American Revolution. Given under our hand and seal of the City of Milton, Georgia on this 23rd day of September 2019. _________________________________ Joe Lockwood, Mayor Constitution Week 2019 WHEREAS, The Constitution of the United States, the guardian of our liberties, is a product of reflection and choice, embodying the principles of limited government in a Republic dedicated to rule by law, not by men; and WHEREAS, September 17, 2019 marks the two hundred and thirty-second anniversary of the drafting of the Constitution of the United States of America by the Constitution Convention; and WHEREAS, it is fitting and proper to accord official recognition to this memorable anniversary, and to the patriotic exercises that will commemorate the occasion; and WHEREAS, Public Law 915, guarantees the issue of a proclamation each year by the President of the United States of America designating September 17th through September 23rd as Constitution Week. This Constitution Week, we, the City of Milton, urge all citizens to study the Constitution and to express gratitude for the privilege of American citizenship in our Republic, functioning under the superb body of laws - the Constitution of the United States of America. Now, therefore, I, Joe Lockwood as Mayor of the City of Milton, p roclaim the week of September 17, 2019 through September 23, 2019 as Constitution Week in the City of Milton and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787. Presented to the Piedmont Chapter of the Georgia Society Sons of the American Revolution. Given under our hand and seal of the City of Milton, Georgia on this 23rd day of September, 2019. ________________________________ Joe Lockwood, Mayor MILTON'S ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 17, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Proclamation Recognizing Disabled Veterans DayTM - Founder, Greshun De Bouse MEETING DATE: Monday, September 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (J YES (-r'NO CITY ATTORNEY REVIEW REQUIRED: (J YES (4440 APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: ::,Y12- 3 / 4(,iy 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 Disabled Veterans Day™ Founder, Greshun De Bouse WHEREAS, Disabled Veterans Day™ is a national awareness and fundraising holiday celebrated annually on June 30 and designated specifically for our disabled veteran heroes to ensure all their service-related disability needs are met; and WHEREAS, Disabled veterans are a unique population with a multitude of needs whose condition affects not only them, but also their families; and whose service to the United States in any branch and resultant injuries deem them worthy of their own unique national holiday which celebrates their service, brings awareness to their disability challenges, and connects them to appropriate resources; and WHEREAS, Disabled Veterans Day™ was founded in May of 2019 by military granddaughter and cousin, disabled veteran advocate, and First Move Life Coaching LLC owner, Greshun De Bouse, because of her sincere desire to pay specific recognition to the service of disabled veterans, raise awareness of their disability needs, ensure connectivity with the appropriate resources, and ensure their service-related disability needs are met with timeliness; and WHEREAS, It is imperative for all to both identify, and be equipped with the pertinent knowledge of the unique challenges faced by disabled veterans and their families, and to provide our beloved disabled veteran heroes with a seamless, virtually hurdle-free process through which they obtain disability determinations and relative services; and WHEREAS, Disabled Veterans Day™ Founder, Greshun De Bous e, has streamlined the process for disabled veterans across the United States to connect with their local Office of Veterans Affairs by texting keyword "dvday" to 31996. NOW THEREFORE, we, the Mayor and City Council of the City of Milton, proclaim June 30, as Disabled Veterans Day in the City of Milton, GA. Given under our hand and seal of the City of Milton, Georgia on this 23rd day of September 2019. _________________________________ Joe Lockwood, Mayor MILTON%-- ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 17, 2019 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of an Ordinance to Update the City of Milton's Chapter 56, Article V - Regulations Related to Parking and for Related Purposes MEETING DATE: Monday, September 23, 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- (,YYES () NO CITY ATTORNEY REVIEW REQUIRED: (IVES () NO APPROVAL BY CITY ATTORNEY: (/APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o`' 1 2.3) t c1 r� 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info9cityofmiltonga.u5 I www.cifyofmiltonga.u5 0000 To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on September 13, 2019 for the September 23, 2019 Regular City Council Meeting Agenda Item: Consideration of an Ordinance to Update the City of Milton’s Chapter 56, Article V - Regulations Related to Parking and for Related Purposes _____________________________________________________________________________________ Department Recommendation: Approval . Executive Summary: This is a proposed update to City’s Code Chapter 56 (Traffic and Vehicles). The purpose of this update is to add specific parking restrictions and grant authority to the Public Safety Ambassadors to issue parking tickets. Funding and Fiscal Impact: None Alternatives: N/A Legal Review: Jeff Strickland, Jarrard and Davis (September 12, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revision Page 1 of 3 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO UPDATE REGULATIONS AND RESTRICTIONS RELATED TO PARKING, AND FOR RELATED PURPOSES The Council of the City of Milton hereby ordains, while in a regularly called Council meeting on the 23rd day of September 2019 at 6:00 p.m., as follows: WHEREAS, pursuant to O.C.G.A. § 32-4-92(a)(7), the City is empowered to regulate and control the use of the public roads and to regulate the parking of vehicles on its municipal street system and on portions of the county road system that extends within the corporate limits of the City in order to facilitate the flow of traffic; and, WHEREAS, pursuant to O.C.G.A. § 32-6-2(3), the City is generally authorized to regulate and control the parking of vehicles on its municipal street system and on extensions of a county road system within its corporate limits; and WHEREAS, pursuant to Section 1.12(b)(14) of the City Charter, the City is authorized to define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the welfare and safety of the inhabitants of the city and to prov ide for the enforcement of such standards; and, WHEREAS, the City desires to update its regulations and restrictions applicable to vehicle parking. NOW THEREFORE, the Council of the City of Milton hereby ordains that The Code of the City of Milton, Georgia, is hereby amended by adding a new Article V to Chapter 56 (Traffic and Vehicles) which article shall be titled “Parking“ and shall read as shown in Exhibit A attached hereto and incorporated herein by reference. ORDAINED this 23rd of September 2019. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk Commented [JS1]: Section 1.12(b)(17) of the City Charter relates to “Homestead exemption.” Commented [JS2]: See Code Section 1-13(c). Page 2 of 3 EXHIBIT A Parking CHAPTER 56 ARTICLE V. - PARKING DIVISION 1. - GENERALLY Sec. 56-72. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different m eaning: Parking Safety Ambassador means non-sworn personnel designated by the Chief of Police or designee, for the purpose of enforcing parking regulations, including issuance of citations and/or towing of vehicles parked in restricted areas. Sec. 56-73. - Parking not to obstruct traffic. No person shall park any vehicle upon a street in such manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for free movement of vehicular traffic. It shall be unlawful for any person willfully and unnecessarily to fail or refuse to move such person's vehicle when it is stopped in such manner as to obstruct or impede the normal and reasonable movement of traffic on the streets . Sec. 56-74. - Vehicles not to obstruct crosswalks. No driver of a motor vehicle shall enter a marked crosswalk unless there is sufficient space on the other side of the crosswalk to accommodate the vehicle, and such driver is operating without obstructing the passage of other vehicles or pedestrians, notwi thstanding any traffic- control signal indication to proceed. Sec. 56-75. - Double parking prohibited. The parking of two or more vehicles abreast of each other is prohibited upon all streets in the city. Sec. 56-76. - Parking of specified motor vehicles, motor homes, trailers, semitrailers or truck tractors in residential zone—Prohibited. Page 3 of 3 No motor vehicle exceeding twenty (20) feet in length, and/or 10,000 pounds gross vehicle weight, or any trailer coach, motor home, trailer, semitrailer, or truck tractor, or part of such vehicle, shall be parked or stored upon the street adjacent to any lot zoned residential except: (a) Commercial vehicles, when such vehicles are being expeditiously loaded or unloaded, or equipment on such vehicles is being used to perform the special operations for which it was designed, including, but not limited to, the construction, operations, removal or r epair of utility or public utility property or facilities or public streets and rights -of -way. (b) Motor coaches, trailer coaches or motor homes when parked for a period of less than 24 hours. For the purpose of this section, the term "gross vehicle weight" sh all mean the weight of a vehicle without load plus its rated carrying capacity, as specified by the manufacturer of the vehicle. The term "trailer," when used in this section, shall include any type of wheeled vehicle, regardless of the use for which it is designed, which is designed to be pulled by a motor vehicle. The term "motor coach," when used in this section, is defined as any wheeled motor vehicle which is a single self -contained unit with motive powers, which is designated and generally used for oc cupancy by persons for residential purposes. Sec. 56-76. - Compliance with no-parking or restricted parking markings It shall be unlawful for any person to park any vehicle on any street in the city where: (1) a street or portion thereof has been designated by the city as a “No Parking” area by visible paint, sign or other marking; or (2) a street or portion thereof has been marked by the city by visible paint, sign or other marking which provide for parking, and such person fails to comply with such marking or sign which limit or condition parking in such area. Commented [JS3]: What about moving trucks? Commented [JS4]: Unless these terms are defined differently elsewhere, you might consider moving this up to the “Definitions” section. TO: FROM: MILTON, k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 17, 2019 Steven Krokoff, City Manager P AGENDA ITEM: Consideration of an Ordinance of the City of Milton to Revise and Update Chapter 4, Section 4-235, (5)a.3 as it Relates to the Crimes Preventing the Possession of a Pouring Permit MEETING DATE: Monday, September 23, 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: (1YES () NO CITY ATTORNEY REVIEW REQUIRED: (1YES () NO APPROVAL BY CITY ATTORNEY: (,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Rich Austin, Chief of Police Date: Submitted on September 13, 2019 for the September 23, 2019 Regular City Council Meeting Agenda Item: Consideration of an Ordinance of the City of Milton to Revise and Update Chapter 4, Section 4-235, (5)a.3 as it Relates to the Crimes Preventing the Possession of a Pouring Permit _____________________________________________________________________________________ Department Recommendation: Approval . Executive Summary: This is an update and revision to Chapter 4, specifically as it relates to crimes preventing the possession of a pouring permit. Staff recommendation is to change the restriction from Illegal possession and sales of controlled substances to that of felony possession and sale of controlled substances. Funding and Fiscal Impact: None. Alternatives: N/A Legal Review: Molly Esswein, Jarrard and Davis (September 6, 2019) Concurrent Review: Steve Krokoff, City Manager Attachment(s): Ordinance Revision Page 1 of 4 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE TO REVISE AND UPDATE THE CRIMES PREVENTING THE POSSESSION OF A POURING PERMIT, AND FOR RELATED PURPOSES The Council of the City of Milton hereby ordains, while in a regularly called Council meeting on the 23rd day of September 2019 at 6:00 p.m., as follows: WHEREAS, pursuant to Section 1.12(b)(17) of the City Charter, the City is authorized to provide for the general health, safety, and welfare; and, WHEREAS, the City desires to update the crimes that prevent the possession of a pouring permit; NOW THEREFORE, Chapter 4-235 of The Code of the City of Milton, Georgia, is hereby amended by incorporating the insertions and deletions shown in the document attached hereto and incorporated herein by reference as Exhibit A. ORDAINED this 23rd day of September 2019. Approved: _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk EXHIBIT A Sec. 4-235. - Pouring permits required. The following regulations shall apply to all establishments holding a license for consumption of alcoholic beverages on the premises, including establishments holding an incidental license, BYOB license, or limited tap licenses: (1) No person shall be employed to dispense, sell, serve, take orders, mix alcoholic beverages, or serve in any managerial position, by an establishment holding a license under this chapter until such person has been cleared by the chief of police or his or her designee, indicating that the person is eligible for such employment. (2) This section shall not be construed to include volunteer groups with nonprofit tax- exempt status from the Internal Revenue Service whose volunteer efforts financially benefit a nonprofit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. No volunteer under the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix alcoholic beverages. Employees of a licensed establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall also be excluded from this section. (3) No pouring permit shall be issued until such time as a signed application has been filed with the city police department and upon paying a fee which shall be established by the mayor and city council, and a search of the criminal record of the applicant completed. The application shall include, but not be limited to, name, date of birth, and social security number. These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. (4) The chief of police or his or her designee shall have a complete and exhaustive search made relative to any police record of the applicant. If there is no record of a violation of this chapter, the chief of police or his or her designee shall approve the issuance of a permit to the person, stating that the person is eligible for employment. If it is found that the person is not eligible for employment, the chief of police or his or her designee shall notify the person, in writing, that they are not eligible for employment, the cause of such denial and their right to appeal. (5) Crimes preventing the possession of a pouring permit: a. The applicant shall submit to fingerprinting as part of a background investigation by the city police department in connection with the application for the permit. No person shall be granted a pouring permit who has, within five years of the date of applying for a pouring permit, been convicted of or pled guilty or entered a plea of nolo contendere to any crime involv ing: 1. Moral turpitude; 2. Illegal gambling; 3. FelonyIllegal possession or sale of controlled substances; 4. Illegal possession or sale of alcoholic beverages (including the sale or transfer of alcoholic beverages to minors in a manner contrary to law); Page 3 of 4 5. Keeping a place of prostitution; 6. Pandering; 7. Pimping; 8. Public indecency; 9. Prostitution; 10. Solicitation of sodomy; or 11. Any sexual related crime. Or, at the time of applying for a pouring permit, is then on parole or probation for any of the criminal offenses identified in this subsection. b. No person shall be granted a pouring permit who has been convicted, plead guilty or entered a plea of nolo contendere to any federal, state, or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit. For purposes of this chapter, a conviction or plea of guilt or nolo contendere shall be ignored as to any offense for which defendant who was allowed to avail himself or herself of the state first offender provisions, O.C.G.A. § 48-8-98 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (6) An alcoholic beverage pouring permit shall be issued for a period of one calendar year from the date of the original application and shall be valid for use at any licensed establishment. As noted in subsection (1) of this section, the alcoholic beverage pouring permit must be in the possession of the employee while the employee is working at the licensed establishment and shall be available fo r inspection by members of the police department or the city manager's staff. (7) Reserved. (8) No person shall be issued a permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme w hile making application to the city for an alcoholic beverage pouring permit under this section. If it is determined that a person is in violation of this subsection and a permit is denied for this reason, then 30 calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (9) All permits issued through administrative error can be terminated and seized by the chief of police or his or her designee or the city manager or his or her designee. (10) A replacement permit will be issued within 30 days of the original date, upon paying one-half of the fee charged for an original alcoholic beverage pouring permit. After 30 days of original application date, a new application and fee must be submitted. Page 4 of 4 (11) All permits issued under this chapter remain city property and shall be produced for inspection upon demand of any city police officer or code enforcement officer. (12) No licensee shall allow any employee or manager required to hold a permit to work on the premises unless the employee or manager has in his or her possession a current valid city pouring permit. For new employees, an application for a permit must be made within five calendar days of date of initial employment. Licensees are required by this chapter to inspect and verify that each employee has in his or her possession a valid city alcoholic beverage pouring permit. (13) Any person convicted of any violation of this section shall receive a fine or license suspension or revocation as defined in section 4-123 of this chapter. TO: FROM: MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 19, 2019 Steven Krokoff, City Manager a AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2020 Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown In Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, September 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,YIAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (,ANO CITY ATTORNEY REVIEW REQUIRED: () YES (INO APPROVAL BY CITY ATTORNEY. () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o31L'y2`''y 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2449 infoecityofmiltonga.W I www.cityofmiltonga.vs 0000 THE DRAFT BUDGET BOOK FOR FISCAL YEAR 2020 IS AVAILABLE AS A SEPARATE LINK To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on September 18, 2019 for Unfinished Business on the September 23, 2019 Regular Council Meeting Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal Year 2020 Budget for Each Fund of the City of Milton, Georgia Appropriating the Amounts Shown In Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. Overview and Financial Highlights: Please find the draft edition of the proposed FY 2020 Budget Book enclosed. The City will be submitting this year’s budget book to the Government Finance Officers Association (GFOA) for consideration through the Distinguished Budget Presentation Award Program. This program sets standards and guidelines which encourage and assist state and local governments in preparing budget documents of the very highest quality that reflect both the guidelines established by the National Advisory Council on State and Local Budgeting and the GFOA’s best practices on budgeting. The City was successful in obtaining this award in FY 2019 and has expectations that this year’s budget book will be successful as well. It is our hope that this enhanced document will assist citizens in a better understanding of Milton’s budget process, financial policies, and practices. Please note this is a draft therefore page numbers and references to specific pages are subject to change. Once Council has adopted the budget a final edition of the document will be published on the City website. STATE OF GEORGIA FULTON COUNTY ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT THE FISCAL 2020 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA APPROPRIATING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, ADOPTING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. WHEREAS, the City Manager of the City of Milton has presented a proposed fiscal year 2020 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budgets is a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the fiscal year 2020 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, “Exhi bit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s fiscal year 2020 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. ADOPTED AND APPROVED this 23rd day of September, 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 (SEAL) Attest: _______________________________ Sudie AM Gordon, City Clerk First Reading: September 9, 2019 First Public Hearing: September 9, 2019 Second Public Hearing: September 23, 2019 Adoption: September 23, 2019 MILTON, h ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: September 17, 2019 FROM: Steven Krokoff, City Manager y�� AGENDA ITEM: Consideration of Zoning Modification application # ZM19- 01 /VC1 9-02 - 850 and 875 Hickory Flat Road (Matildas under the Pines) by Old Crossroads Properties, LLC (Curtis Mills) with existing zoning of AG -1 and C-1 (U18-07/VC18-06). MEETING DATE: Monday, September 23, 2019 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (INO CITY ATTORNEY REVIEW REQUIRED: () YES (✓(NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 infoQcityofmiltongo.us I www.cityofmiltongo.us To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on September 19, 2019 for the September 23, 2019 Regular City Council Meeting Agenda Item: Consideration of Zoning Modification application # ZM19- 01/VC19-02 - 850 and 875 Hickory Flat Road (Matildas under the Pines) by Old Crossroads Properties, LLC (Curtis Mills) with existing zoning of AG-1 and C-1 (U18-07/VC18-06). Department Recommendation: APPROVAL CONDITIONAL of ZM19-01, Requests 1, 2, and 3. DENIAL of VC19-02, Part 1 APPROVAL CONDITIONAL of VC19-02, Parts 2, 3, and 4. Executive Summary: The applicant and property owner, Mr. Curtis Mills (Old Crossroads Properties, LLC) was granted a Use Permit for Festivals or Events; indoor/outdoor on June 18, 2018 with nine concurrent variances to allow the operation of Matildas Music Under the Pines music venue. The Use Permit allows the operation of the venue from May 1st through October 31st with no more than 30 events to include two events approved through a special event permit not to exceed 250 people in attendance which must include one off-duty police officer. The concerts shall be on Friday and/or Saturday within each week and hours of operation shall be from 7:00 p.m. to 11:00 p.m. with no more than 200 attendees at any given time for each concert/performance. A zoning modification has been requested to revise the approved site plan. The applicant is also requesting the number of attendees be increased for both regular concerts (200 attendees to 250 attendees) and special event concerts (250 attendees to 300 attendees) and a 4-part concurrent variance. The City engaged Ballentine Walker Smith, Inc. Acoustics and Vibration Consultants to professionally assess the current condition and provide staff with valuable insight on other possible venues throughout the City. The results of the sound levels from the August 31, 2019 concert is part of the Staff Report. Funding and Fiscal Impact: None. Alternatives: Do not approve or defer Legal Review: Paul Frickey, June 2019 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Staff Report for ZM19-01/VC19-02, Ordinance for ZM19-01/VC19-02 Page 1 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 ZM19-01/VC19-02 PROPERTY INFORMATION ADDRESS 850 and 875 Hickory Flat Road DISTRICT, LAND LOT 2/2, 379, 380 OVERLAY DISTRICT Birmingham Crossroads EXISTING ZONING C-1 (Community Business) and AG-1 (Agricultural) - U18-07/VC18-06 ACRES 6.486 EXISTING USE Matildas under the Pines outdoor music venue and 7acre bar n grill restaurant OWNER/APPLICANT Old Crossroads Properties, LLC (Curtis Mills) REPRESENTATIVE Brumbelow Reese & Associates (Scott Reece) INTENT To modify conditions: 2) To the owner’s agreement to abide by the following: a. Substantial compliance with the Site Plan received by the Community Development Department on March 29, 2018 June 25, 2019, and whereby the exact layout of the project may contain minor deviations approved by the Commun ity Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner's agreement to the following use requirements: a. Months, Days and hours of operation shall be limited to the following: i. Friday and/or Saturday within each week. ii. Hours of operation shall be from 7:00 p.m. to 11:00 p.m. iii. May lst through October 31st with no more than 30 events to include two events approved through a special event permit not to exceed 250 300 people in attendance which must include one off-duty police officer. b. There shall be no more than 200 250 attendees at any given time for each concert/performance. 4) To the owner's agreement to the following site development considerations: d. The maximum noise permitted measured at all the adjacent property lines. the following property lines where a residential use is located; West 421.59 feet and North 201.71 feet shall not exceed 75 dBa continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m. (VC18-06, Part 3) and request a 4 part concurrent variance for the following: 1) Sec. 64-212(6) – To allow the fence adjacent to Hickory Flat Road to be located at the right-of-way; 2) Sec. 64-1317(f) – To delete the landscape islands for the proposed parking lot within the 100-foot-wide transmission line; 3)Sec. 64-1346(b) – To increase the rural section building maximum setback from 20 feet to 430 feet for the proposed bathroom building; 4) Sec. 64-1323(c) – To allow the parking lot to be in one large area for the proposed parking lot within the 100-foot-wide transmission line. Page 2 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 LOCATION MAP Page 3 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 CURRENT ZONING Page 4 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 First Alternative Parking Exhibit shown by applicant at the June 18, 2018 City Council Meeting (65 additional parking spaces) Page 5 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 Second Alternative Parking Exhibit shown by the applicant at the June 18, 2018 City Council Meeting (104 additional spaces) Page 6 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 U18-07/VC18-06 SITE PLAN RECEIVED MARCH 29, 2018 SITE PLAN APPROVED BY CITY COUNCIL ON JUNE 18, 2018 Page 7 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 REVISED SITE PLAN SUBMITTED JUNE 25, 2019 FOR ZONING MODIFICATION Page 8 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 History and Background – U18-07/VC18-06 The applicant and property owner, Mr. Curtis Mills (Old Crossroads Properties, LLC) was granted a Use Permit for Festivals or Events; indoor/outdoor on June 18, 2018 with nine concurrent variances to allow the operation of Matildas Music Under the Pines music venue. In summary, the Use Permit allows the operation of the venue from May 1st through October 31st with no more than 30 events to include two events approve d through a special event permit not to exceed 250 people in attendance which must include one off-duty police officer. The concerts shall be on Friday and/or Saturday within each week and hours of operation shall be from 7:00 p.m. to 11:00 p.m. There shall be no more than 200 attendees at any given time for each concert/performance. The use was al so tied to the site plan received by the Community Development Department on March 29, 2018. Staff notes that during the City Council meeting on June 18, 2018, the applicant presented two site plans indicating alternative parking exhibits (shown on pages 4 and 5 of this report) to the City Council showing how additional parking could be located on the site in addition to the site plan received on March 29, 2018 (shown on page 6 of this report). Matildas had their inaugural concert on May 3, 2019 which they applied for one of the two permitted “special event” concerts that exceeded the maximum of 200 attendees. It is believed that 250 tickets were sold for this e vent. The City allowed the venue to utilize parking within the 100-foot-wide power easement just for the May 3, 2019 concert. Just prior to the May 3rd concert, Graded Aggregate Base (GAB) was spread within this area as well as the area identified as “overflow parking” adjacent to the gas station to provide a more stable parking surface without prior approval from the City. In a letter dated May 31, 2019, the City informed Mr. Mills that parking within the Georgia Power easement would temporarily not result in a citation, pursuant to certain limitations, while he applied for the appropriate zoning modification. Included in the revised site plan is the proposed bathroom facil ity which was mentioned in the approved Use Permit conditions. Included in the revised site plan, which showed as-built conditions, is the proposed permanent bathroom facility and associated septic area which was mentioned in the approved Use Permit conditions. The applicant is requesting the number of attendees be increased for both regular concerts and special event concerts as discussed below. During the pre-application review process, Staff also recognized the requirement for the following four-part concurrent variance that are related to parking, position of the permanent bathroom facilities and lastl y the location of the existing four-board equestrian fence. Page 9 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 CZIM Meeting – July 23, 2019 The applicant, Mr. Mil ls and his representative, Mr. Scott Reece were present at the meeting. There were six community members at the meeting. The following issues were questioned or discussed: • Location of fire hydrant location near gas station • Parking within the Birmingham Hwy (SR 372) right-of-way adjacent to the restaurant and the “Stop” sign at the corner. • If the location of the four-board fence was in the correct location, required landscaping along Hickory Flat Road. • A resident had seen parking within the 60-foot no-activity setback along the west property line. • Discussed the Georgia Power Easement Agreement and its requirements for the site. • The applicant was asked why he chose to increase the maximum attendance numbers half-way through the season. • All the attendees expressed concern over the sound levels heard from the following locations: SE corner of Freemanville and Birmingham Road (outside the home), Breamridge Subdivision (both inside and outside of homes). • Also, there were comments that the sound carried differently depending on what type of band or music act was playing. There were some concerts where it could be heard and some where no or little sound was heard. • Discussion about the volume of the attendees when they are talking during a concert and possible need to increase the volume of the music to compensate. • The members of the community expressed they would like to come up with a solution to the sound issue. DEPARTMENTAL COMMENTS City Arborist The project at 850 Hickory Flat Road used the old tre e density ordinance for compliance. Here are all requirements related to trees under the tree density ordinance: 1. Density Standards- Since this site is being used for commercial/non-single-family, the density requirements are 30 units per acre. The site is 6.486 acres, requiring 194.58 density units (6.486 X 30). The site plan shows all the specim en trees and some of the trees along the western property line. Based on the trees shown on the site plan, the site has a tree density of over 229.7 units. Therefore, no canopy replacement will be required for tree density. 2. Parking lot- parking lots are required to provide minimum 10’ wide landscape island at the end of each parking bay and a 10’ wide landscape island every sixth parking space. Each landscape island shall include a minimum 2” caliper shade Page 10 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 tree. The site plan does not comply with this requirement for either parking lot. Staff notes that a concurrent variance is being requested to delete this requirement for the parking within the power easement. 3. Critical Root Zone of possible Specimen Tree- The site plan shows encroachment into the Critical Root Zone of a 52” Water Oak with the new parking lot within the transmission easement. Upon site inspection, this tree was determined to have possible decay and dieback making it a non-specimen tree based on poor condition and does not require to provide recompense. There has already been an impact to the critical root zone as well as the can opy by the power company utilizing the easement area. Transportation Engineer The existing fencing along the Hickory Flat right of way is obstructing the line of sight for vehicles exiting the parking lot and needs to be moved outside the line of sig ht. The average weekday volumes and 2018 trip addition data were reviewed for the original rezoning in 2018. The 2019 trip additions could increase the estimated trips for t he event by 25 percent. This increase was reviewed on the approaches to the SR 372/Birmingham Hwy at Hickory Flat/Birmingham Road intersection for a weekday 6-7 PM. The evaluation was based on a 7 pm opening on a weekday. Weekend peak hours are variable, and intersections are designed for the heaviest peak hours that occurs on weekdays. The exhibits showing the trip additions can be found in the Appendix at the end of the report. The review of the trips for this zoning modification does not indicate that the additional trips will create traffic impacts on the road network around the site. There is a condition in place that requires further study and action if site generated traffic impacts the operations: “If at such time the Director of Public Works determines that the traffic generated by the site impacts the operations of SR 372 Birmingham Highway or Hickory Flat Road, he/she may require the owner to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements ar e determined to be warranted, owner shall install those at no cost to the city.” Devel opment Plan Review Per review of the site plan, the placement of gravel and Graded Aggregate Base (GAB) on the property will increase runoff from the property which may adversely affect downstream properties. Therefore, a land disturbance permit shall be required. Fire Marshal Refer to Table 208.2 Parking Spaces in the ADA Standards for Accessible Design to determine the amount of accessible parking spaces that are re quired. The required number of accessible parking spaces are based upon the total amount of provided Page 11 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 parking spaces. The accessible parking spaces at 7 Acres cannot be credited to the amount of accessible parking spaces that are required for Matilda’s. Analysis and Recommendation of Zoning Modifications and Concurrent Variance Zoning Condition Modification Request #1 2) To the owner's agreement to abide by the following: a. Substantial compliance with the Site Plan received by the Community Development Department on March 29, 2018 June 25, 2019, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council's approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certif icate of Occupancy. The applicant has requested that the current approved site plan received on March 29, 2018 be replaced with a revised site plan that shows existing parking, which was not approved parking, within the 100-foot power easement on the northern portion of the property. In addition, the revised site plan shows the existing conditions of the site including the assembly area for the audience, driveways, septic field lines (northwest portion of property), pump chambers and tanks for the restaurant, existing location of portable toilets, proposed permanent bathrooms facility, driveways, parking spaces including handicapped and existing four board equestrian fencing along Hickory Flat Road. Minimum Required Parking Based on the revised site plan received on June 25, 2019 the parking requirements pursuant to Sec. 64-1410 of the zoning ordinance are outlined below: Restaurant -10 spaces per 1,000 square feet (including outside seating) 3,993 square feet of restaurant requires 40 parking spaces Outdoor Festivals - 2 parking spaces per 1,000 square feet per ground area identified for festivals and music festivals related seating 6,050 square feet of assembly area requires 13 parking spaces Page 12 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 Staff notes that the current requirement for parking for a music venue does not realistically provide sufficient minimum parking requirements when there are a proposed maximum number of 300 attendees. Total Required per the zoning ordinance = 53 parking spaces Parking Provided on the Site Plan The revised site plan shows a total of 44 required parking spaces located along Hickory Flat Road and Birmingham Hwy. The remainder of the required 9 parking spaces are located within the 100-foot power easement for a total of 53 parking spaces (identified as “required”) (includes 3 handicapped spaces). Although the applicant has shown the 79 parking spaces as “overflow" parking spaces located south of the assembly area including 1 handicapped next to the assembly area, based on the actual necessity of these spaces to accommodate the attendees of the concerts, Staff identifies these as required spaces. As mentioned above, Staff considers the 24 "overflow" parking spaces within the power easement as required spaces to provide sufficient parking for the venue. The total number of required parking for both the restaurant and the music venue are the 53 parking spaces indicated along Hickory Flat and within the power easement plus 79 and 24 required parking spaces equals a total of 156 parking spaces required by staff. Future Expansion Parking Within the 100-foot power easement the applicant is showing 17 parking spaces. The City Arborist stated that there is a requirement for 10-foot wide landscape islands at the end of every row and 10-foot landscape islands every 6th parking space. The applicant is requesting a concurrent variance to delete this requirement which will be discussed below. Georgia Power Easement User Agreement The applicant has obtained a user agreement to park cars within the 100-foot power easement. Staff Analysis and Recommendation of Zoning Modification Request # 1 The 156 required parking spaces are adequate to accommodate both the restaurant (40 parking spaces) and the music venue (116 parking spaces). This is based on the fact that the Zoning Ordinance for stadiums, auditoriums, theaters, amphitheaters require 1 parking Page 13 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 space per 4 fixed seats. Staff is utilizing this requirement as the formula/calcul ation to determine the number of required spaces. Although, Matilda’s does not provide “fixed seating” there is seating for 300 people for the two “special events” and 250 people for the remainder of the events. For 300 seats, 75 parking spaces are required and for 250 seats 63 parking spaces are required, based on stadium, auditorium, and amphitheater requirements. One of the primary concerns during the Use Permit hearing in June 2018 was the possibility of overflow parking within the other two developed commercial corners in Birmingham Crossroads that would cause unsafe pedestrian access to the venue. Additionally, by providing required parking within the power easement, it is hidden from view from Hickory Flat Road or Birmingham Hwy. Staff notes that the applicant has shown the future permanent bathroom facilities which will have a separate septic system than the restaurant. There is a concurrent variance related to the location of this building as required by the Birmingham Crossroad Overlay District. Based on these facts, Staff recommends APPROVAL of Zoning Modification #1 to read as follows: 2) To the owner's agreement to abide by the following: a. Substantial compliance with the Si te Plan received by the Community Development Department on June 25, 2019, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council's approval of the Use Permit. Notwithstanding the contents of the si te plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Zoning Condition Modification Request #2 3) To the owner's agreement to the following use requirements: a. Months, Days and hours of operation shall be limited to the following: i. Friday and/or Saturday within each week. ii. Hours of operation shall be from 7:00 p.m. to 11:00 p.m. iii. May 1st through October 31st with no more than 30 events to include two events approved through a special event permit not to exceed 250 300 people in attendance which must include one off-duty police officer. Page 14 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 b. There shall be no more than 200 250 attendees at any given time for each concert/performance. Analysis and Recommendation of Zoning Modification Request #2 Based on the past concerts since the inaugural concert in May 2019, the current number of attendees have not negatively impacted the adjacent and nearby properties with overflow parking, traffic congestion, or pedestrian safety issues either before or after the concerts. The proposed additional parking within the power easement and parking adjacent to the gas station did provide enough parking for the 250 attendees for normal events and 300 attendees for the one special event thus far in the inaugural season based on the analysis presented under Request #1. A condition has been included in the Recommended Conditions stating that all the parking is required except the “future expansion” of 17 spaces within the power easement. An increase of 50 attendees in each type of performance would not negatively impact the above traffic, offsite parking and safety issues based on the comments of the Transportation Engineer indicating the requested increase in attendees will not negatively impact the traffic in the area. During the CZIM meeting there was discussion regarding attendees talking during the concerts and therefore, may require the sound to be increased for the enjoyment of the others. If the number of attendees is increased, there may be an increase in the level of the sound. There are already issues with nearby residences that hear music within their homes depending on the type of band and level of the sound. The City engaged Ballentine Walker Smith, Inc. Acoustics and Vibration Consultants to professionally assess the current condition and provide staff with valuable insight on other possible venues throughout the City. In the Appendix is Mr. Smith’s letter to the City that includes the date, locations and results of the sound assessment. In summary, the sound levels ranged between 42 dBA and 62 dBA. There were two locations measured at the adjacent property lines, which was at 15900 Birmingham Hwy and 835 Hickory Flat Road which were 62 dBA and 51 dBA respectively. There is a map indicating all the exact lo cations of the measurements. Based on these results, Staff recommends approval of the requested Zoning Modification to increase the special event permit (2 times a year) from 250 to 300 attendees and 200 to 250 attendees for the season based upon the fact that traffic will not be negatively impacted nor the amount of sound emitting f rom the venue. Page 15 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 Zoning Condition Modification Request #3 4) To the owner's agreement to the following site development considerations: d. The maximum noise permitted measured at all the adjacent property lines. the following property lines where a residential use is located; West 421.59 feet and North 201.71 feet shall not exceed 75 dBa continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m. (VC18-06, Part 3) (This request is to clarify the approved 75 dBa continuous sound at all adjacent property lines at the June 18, 2018 public hearing and does not increase the permitted sound levels for Matildas) Analysis and Recommendation of Zoning Modification Request #3 This request is to clarify the in tent of the Council’s motion and vote. During the Council’s hearing on June 18, 2018 the discussion was to limit the continuous sound to 75 dBA for all adjacent property lines, not only the referenced propert y line (west property line adjacent to the residentially used property) but to all adjacent property lines. The sound assessement discussed under Request #2 that was provided to the City shows that the venue, Matilda’s is well below the required 75 dBA continuous sound at all of the adjacent property lines. Therefore, Staff recommends that Condition 4.d be approved as requested. Requested Concurrent Variance – VC19-02 VC19-02 – Part 1 - To allow the fence adjacent to Hickory Flat Road to be located at the right-of-way (Sec. 64-212(6)) (Setback. Fences and walls shall be set back a minimum of three feet from a public right-of-way.) The applicant installed the four-board equestrian style fence in 2019 (without securing a fence permit) in line with the adjacent property’s fence to the west to provide a consistent look down Hickory Flat Road. The existing fence was a small extension as shown in the picture below. Page 16 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 A variance must be based upon credible evidence submitted at a public hearing compliance with 1 through 4 of the following: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. It is Staff’s recommendation that the request to allow the equestrian fence to remain at its current location on the property line offends the intent of the zoning ordinance to have all fences a minimum of three feet from the right-of-way. The applicant has stated it was to align with the existing equestrian fence to the west. The photo above shows a short length of fencing parallel to Hickory Flat Road. It would not have been difficult to adjust the location of the new fence accordingly to the required minimum setback. (2) There are such extraordinary and exceptional situations or condi tions pertaining to the piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and excepti onal situations or conditions not caused by the variance applicant. It is Staff’s recommendation that there were no extraordinary and exceptional situations or conditions pertaining to this site that causes an unnecessary hardship. The applicant states in his letter of intent that the fence would interfere with the parking lot and sidewalk. There is no existing sidewal k along Hickory Flat until the driveway entrance to the 7 Acre Bar n Grill. In addition, the applicant did not submit a fence permit prior to the installation of the fence which would have avoided the incorrect placement of the fence. (3 ) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. It is Staff’s recommendation that the location of the fence will cause a substantial detriment to the public good and surrounding properties because of the location of the fence at the right-of-way line. The Transportation engineer states the following in regard to the location of the fence: “The existing fencing along the Hickory Flat right of way is Page 17 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 obstructing the line of sight for vehicles exiting the parking lot and needs to be moved outside the line of sight”. (4 ) That the public safety, health and welfare are secured, and that substantial justice is done. As noted above, the existing fencing along the Hickory Flat right-of-way is obstructing the line of sight for vehicles exiting the parking lot and needs to be moved outside the line of sight. The applicant has not provided sufficient evidence that the public safety, health and welfare are secured and that substantial justice is done. Based on the above analysis, Staff recommends DENIAL of VC19-02 – Part 1. Staff recommends that the fence either be removed completely or relocated outside of the line of sight and placed inside of the landscape strip adjacent to Hickory Flat Road. VC19-02 – Part 2- To delete the landscape islands for the proposed parking lot within the 100-foot-wide transmission line (Sec. 64-1317(f)) (Landscape islands in parking lots shall meet the standards in article III of this zoning ordinance. Provide a 10-foot parking island every 6th parking space and 10-foot parking island at the end of every parking bay.) A variance must be based upon credible evidence submitted at a public hearing compliance with 1 through 4 of the following: (1) Relief, i f granted, would not offend the spirit or intent of this zoning ordinance. Staff supports the re quested deletion of the landscape islands because the surface of the parking lot is not asphalt but Graded Aggregate Base which reduces the amount of heat island effect on the parking lot. In addition, the permitted trees, if any, by Georgia Power do not meet the minimum requirements of shade trees in parking lot islands. Therefore, it is Staff’s opinion that the deletion of the parking lot islands meets the spirit or intent of the zoning ordinance. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The parking within the power easement will be used on a limited basis with typically one concert a week and the season goes from May 1st to October 31st. Therefore, Staff believes that this is an exceptional situation. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. Page 18 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 By allowing the deletion of the parking islands based on the fact that there is limited use of the parking lot and the alternative material being used, GAB and gravel contributes to reducing the surface heat, it would not cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are se cured, and that substantial justice is done. Public safety, health and welfare are not negatively impacted, and substantial justice is done if the request is approved. Therefore, Staff recommends APPROVAL CONDITIONAL of VC19-02 – Part 2. VC19-02 – Part 3 – To increase the rural section building maximum setback from 20 feet to 430 feet for the proposed bathroom building (Sec. 64-1346(b)) (Rural section buildings shall be set back 20 feet maximum from the property line.) The applicant’s request to allow the proposed permanent bathroom building located 430 feet from the front property line is necessary based on the necessity to have the bathroom facilities within proximity to the concert goers. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. This requirement was designed to encourage a walkable, village feel with newly constructed buildings close to the road. This type of building requires it to be further from the road to be accessible to the concert attendees to use the bathroom and therefore does not offend the spirit or intent of this zoning ordinance. (2) There are such extraordinary and exceptional situations or conditions pe rtaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The location of the stage and seating area which is further back on the site provides an exceptional situation because there is a need for the bathroom building to be placed near the stage and seating area. (3) Relief, if granted would not cause a substan tial detriment to the public good and surrounding properties. Compliance with this requirement woul d cause detriment to the public good and surrounding properties and the requested variance makes the bathroom facilities more accessible. Page 19 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 (4) That the public safety, health and welfare are secured, and that substantial justice is done. Public safety, health and welfare are not impacted and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL of VC19-02, Part 3. VC19-02 - Part 4 – To allow the parking lot to be in one large area for the proposed parking lot within the 100-foot-wide transmission line. (Sec. 64-1323(c)) ((c) Parking lots shall be divided into small contained areas through the use of perimeter landscaping and canopy trees. Parking lot landscaping shall follow the standards of the tree ordinance (chapter 60). (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. This requirement for dividing parking lots in small areas was designed to encourage a village feel. The parking within the transmission line is not visible from Hickory Flat Road and therefore does not offend the spirit or intent of the zoning ordinance. (2) There are such extraordinary and exceptional situations or condi tions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or o ther extraordinary and exceptional situations or conditions not caused by the variance applicant. It is Staff’s opinion that extra parking separation is not necessary since the parking area is not visible from Hickory Flat Road and therefore is an exceptional situation. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The parking lot is not visible from Hickory Flat Road and is surrounded by the City of Milton Birmingham Park and will not cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are secured, and that substantial justice is done. Public safety, health and welfare are not negatively impacted, and substantial justice is done with one large parking lot. Therefore, Staff recommends APPROVAL CONDITIONAL of VC19-02 – Part 4. Page 20 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 Conclusion Staff recommends APPROVAL CONDITIONAL of ZM19-01, Requests 1, 2, and 3. In addition, Staff recommends DENIAL of VC19-02, Part 1, APPROVAL CONDITIONAL of Parts 2, 3, and 4. If the Mayor and City Council choose to approve the requested modifications and concurrent variances, a set of Recommended Conditions are included at the end of this Staff report. Page 21 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this pe tition, the recommended conditions and concurrent variance should be read as follows: 2) To the owner’s agreement to abide by the following: a. Substantial compliance with the Site Plan received by the Community Development Department on March 29, 2018 June 25, 2019, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviat ions remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless othe rwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner's agreement to t he following use requirements: a. Months, Days and hours of operation shall be limited to the following: i. Friday and/or Saturday within each week. ii. Hours of operation shall be from 7:00 p.m. to 11:00 p.m. iii. May lst through October 31st with no more than 30 events to include two events a pproved through a special event permit not to exceed 250 300 people in attendance which must include one off-duty poli ce officer. b. There shall be no more than 200 250 attendees at any given time for each concert/performance. 4) To the owner's agreement to the following site development considerations: d. The maximum noise permitted measured at all the adjacent property lines. the following property lines where a residential use is located; West 421.59 feet and North 201.71 feet shall not exceed 75 dBa continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m. (VC18-06, Part 3) p. To delete the landscape islands for the proposed parking lot within the 100-foot- wide transmission line. (VC19-02 – Part 2) q. To increase the rural section building maximum setback from 20 feet to 430 feet for the proposed bathroom building (VC19-02 – Part 3) Page 22 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 r. To allow the parking lot to be in one large area for the proposed parking lot within the 100-foot-wide transmission line. (VC19-02 – Part 4) s. Parking areas shown on the site plan received by the Community Development Department shall be required parking spaces except for the 17 parking spaces identified as “future expansion” within the 100-foot power easement. Page 23 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 APPENDIX Approved Building Permit Page 24 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 Approved Building Permit Site Plan Page 25 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 Transportation Engineer – Trip Counts 2018 Trip Additions Page 26 of 26 ZM18-01/VC19-02 - Prepared by the Community Development Department for the Mayor and City Council Meeting on September 23, 2019 (First Presentation September 9, 2019) 9/19/2019 2019 Trip Additions September 4, 2019 Robyn MacDonald, Zoning Manager City of Milton 2006 Heritage Walk Milton, Georgia 30004 Re: Matilda’s Music Under The Pines Noise Surveys We are pleased to inform the City of Milton that live music at Matilda’s Music Under the Pines, 850 Hickory Flat Road, Milton, Georgia, is fully compliant with the City use permit. For reference, the use permit agreement between the City and Matilda’s is provided below: “The maximum noise permitted measured at all the adjacent property lines shall not exceed 75 dBA continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m.” The language above references the “continuous sound.” This suggests sound assessment using level equivalent sound levels, or Leq, as the metric for compliance with the permit. By definition, the Leq is the average sound level which, in a stated time period, has the same A-Weighted sound energy as the time varying time. Therefore, the language indicates the average sound levels at the property line shall not exceed 75 dBA. Table 1 summarizes sound levels measured at the property line and at four (4) locations off property on the evening of August 31, 2019. These measurements were made prior to and during a music event with live drums, bass guitar, guitars, electric keyboards, and singing. While the use permit is only applicable to the adjacent property line, the off-site measurements should clearly provide the City with an understanding of sound levels in the nearby community due to Matilda’s. The measurement locations are shown in Figure 1. WEB: www.bwsacoustics.com ! EMAIL: bwsacoustics@bwsacoustics.com consulting ! development ! engineering ! design ACOUSTICS & VIBRATION CONSULTANTS Table 1: Sound Level Summary Near Matilda’s Music Under the Pines (August 31, 2019)* Description Leq (dBA) L1 - 15900 Birmingham Hwy Property Line Ambient 51 L1 - 15900 Birmingham Hwy Property Line w/Music 62 L2 - 1270 Birmingham Road Ambient (horse farm)42 (44) L2 - 1270 Birmingham Road w/Music (horse farm)49 L3 - Nix Road Ambient (Near 1105 Birmingham Road)49 L3’ - 1105 Birmingham Road 53 L4 - Bream Road Neighborhood 48 L5 - 835 Hickory Flat Road w/Music 51 (60) *All levels, dBA re 20 µPa Data in parenthesis includes unrelated sound derived from gunshots (1270 Birmingham Road) and car passbys (835 Hickory Flat Road) The sound levels measured farther off site (L2 / L4) indicate average levels are below 50 dBA during a live performance and much lower than the 75 dBA maximum permissible sound level imposed at the property line. Admittedly, the band was audible to varying degrees at L2, L3’, and L4. In general, levels in the range of 50 dBA are considered indicative of rural / suburban areas. Since sound is subjective, even sounds in this range may disturb certain individuals. At Location L3’, the local wildlife (cicadas) influenced the measured result much more than the music such that a higher level was recorded. The measured property line sounds levels is expected to vary between music acts. However, the measured data suggests average sound pressure levels would have to increase by a factor of four (4) to exceed the permitted level. This is highly unlikely provided Matilda’s sound system operator maintains levels at or near existing levels. If you have any questions or comments, give me a call. Sincerely, BALLENTINE WALKER SMITH, INC. Scott Walker Smith President WEB: www.bwsacoustics.com ! EMAIL: bwsacoustics@bwsacoustics.com consulting ! development ! engineering ! design WEB: www.bwsacoustics.com ! EMAIL: bwsacoustics@bwsacoustics.com consulting ! development ! engineering ! design Figure 1: Sound Monitoring Locations Page is too large to OCR. ORDINANCE NO. PETITION NO. ZM19-01/VC19-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITIONS 2.a., 3.b., AND 4.d. OF AN ORDINANCE OF THE CITY OF MILTON, U18-07/VC18-06 PROPERTY LOCATED AT 850 and 875 HICKORY FLAT ROAD WITHIN LAND LOTS 379 AND 380 OF THE 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 6.486 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on September 23, 2019 at 6:00 p.m. as follows: SECTION 1. That the condition of an Ordinance, approved on June 18, 2018, for petition U18-07 that approved a Use Permit for Festivals or events; indoor/outdoor (Section 64-1812), property located at 850 and 875 Hickory Flat Road consisting of a total of approximately 6.486 acres, attached hereto and made a part herein; SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance (ZM19-01/VC19-02). Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 23rd day of September, 2019. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions and concurrent variance should be read as follows: 2) To the owner’s agreement to abide by the following: a. Substantial compliance with the Site Plan received by the Community Development Department on March 29, 2018 June 25, 2019, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consist ent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner's agreement to the following use requirements: a. Months, Days and hours of operation shall be limited to the following: i. Friday and/or Saturday within each week. ii. Hours of operation shall be from 7:00 p.m. to 11:0 0 p.m. iii. May lst through October 31st with no more than 30 events to include two events approved through a special event permit not to exceed 250 300 people in attendance which must include one off-duty police officer. b. There shall be no more than 200 250 attendees at any given time for each concert/performance. 4) To the owner's agreement to the following site development considerations: d. The maximum noise permitted measured at all the adjacent property lines. the following property lines where a residen tial use is located; West 421.59 feet and North 201.71 feet shall not exceed 75 dBa continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m. (VC18-06, Part 3) p. To delete the landscape islands for the proposed parking lot within the 100-foot-wide transmission line. (VC19-02 – Part 2) q. To increase the rural section building maximum setback from 20 feet to 430 feet for the proposed bathroom building (VC19-02 – Part 3) r. To allow the parking lot to be in one larg e area for the proposed parking lot within the 100-foot-wide transmission line. (VC19-02 – Part 4) s. Parking areas shown on the site plan received by the Community Development Department shall be required parking spaces except for the 17 parking spaces identified as “future expansion” within the 100-foot power easement. Site Plan received on June 25, 2019 (ZM19-01/VC19-02) TO: FROM: MItTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: September 17, 2019 Steven Krokoff, City Manager (;�' AGENDA ITEM: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal Year 2019 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. MEETING DATE: Monday, September 23, 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: () YES (-)'NO CITY ATTORNEY REVIEW REQUIRED: () YES (INO APPROVAL BY CITY ATTORNEY. () APPROVED PLACED ON AGENDA FOR: ;, a 1 z :3 I t c+ () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on September 3, 2019 for First Presentation on the September 9, 2019 Regular City Council Meeting and Unfinished Business for the September 23, 2019 Regular City Council Meeting Agenda Item: Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal Year 2019 Budget for Each Fund of the City of Milton, Georgia Ame nding the Amounts Shown in Each Budget as Expenditures, Ame nding the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. _____________________________________________________________________________________ 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 July 22, 2019 and reflect the most recent circumstances and recommendations. Requests outlined include revenue anticipation updates and operating transfers from the General Fund to the Capital Projects Fund. As the City continues to restore its capital improvement program after the decision to change the accounting principal for current year property taxes, which temporarily halted funding for many projects, a transfer to utilize excess fund balance and salary and benefits savings due to vacancies in FY 2019 has been requested. Each request has been outlined in the budget amendment details and are non-recurring projects as required by Milton’s Code of Ordinances. The public hearing for this amendment was advertised in the Milton Herald on August 29, 2019 and will include discussion regarding additional occupational tax revenue as required by O.C.G.A. 48-13-28. Funding and Fiscal Impact: Please refer to the attached budget amendment documents. Alternatives: Other directed Council action. 1 of 23 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Fiscal Year 2019 Proposed Budget Amendments 2 of 23 City of Milton, Georgia Fiscal Year 2019 Summary of Departmental Budget Amendments 3 of 23 The goal of the fiscal year 2019 budget amendment is to revise departmental budgets and interfund transfers based on activity-to-date and future projections. GENERAL FUND The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues have unrestricted use. Utilization of prior year unrestricted fund balance in excess of required reserves shall be deemed a one-time revenue source. Expenditure requests are categorized into two categories: Salary and Benefits and Maintenance and Operating. Salary and benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance and operating category include expenditures related to operational line items such as supplies, professional fees, training, dues and fees, travel, utilities, communications, machinery & equipment, etc. Revenue Amendments: The change in original revenue estimates for the following revenue sources is driven by an analysis of the activity-to-date. A projection was completed using available data indicating the fiscal year 2019 revenue estimates could be adjusted by the amounts indicated in the table beginning on page 6. Some of the more significant changes are explained as follows: 1.Over the last several fiscal years Insurance Premium Tax collections have increased. This revenue item is distributed according to population counts and will be re-examined after the distributions are updated with the 2020 census data. For FY 2019 an increase of $300,000 has been requested. 2.The City has continued to take advantage of beneficial interest rates and cash flow projections to increase the investment of currently idle funds. As a result, investment income is anticipated to bring in more revenue than originally projected. An increase of $115,000 is being proposed bringing projections for realized gain on investments to $390,000 for the year. 3.The City sold one of the older fire apparatus upon receiving a replacement truck and sold some of the golf course maintenance equipment obtained in the purchase of the property on Dinsmore Road, yielding an increase in the revenue for the Sale of Surplus Equipment in the amount of $154,500. Expenditure Amendments: Explanations for each of the amendments to the expenditure accounts are provided within the expenditures by project detail beginning on page 7. 4 of 23 FY 2019 Current Budget Proposed Amendment Total Amended Budget REVENUES Taxes 27,347,321$ 320,000$ 27,667,321$ Licenses & Permits 608,832 42,000 650,832 Intergovernmental Revenues 8,942 11,250 20,192 Charges for Services 508,300 - 508,300 Fines & Forfeitures 350,000 - 350,000 Investment Income 276,000 115,000 391,000 Contributions & Donations 7,244 2,978 10,222 Miscellaneous Revenue 56,506 11,440 67,946 Proceeds from Sale of Assets 10,000 154,500 164,500 subtotal 29,173,145$ 657,168$ 29,830,313$ Interfund Transfers In:-$ - -$ subtotal -$ -$ -$ TOTAL REVENUES $ 29,173,145 $ 657,168 $ 29,830,313 EXPENDITURES Mayor & Council 178,229$ -$ 178,229$ City Clerk 238,417 - 238,417 City Manager 742,616 (90,000)652,616 General Administration 65,899 - 65,899 Finance 571,538 - 571,538 Legal 295,000 25,000 320,000 Information Technology 1,157,086 - 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 (50,556)236,335 Community Outreach & Engagement 137,324 - 137,324 Municipal Court 463,582 - 463,582 Police 5,153,840 (230,000)4,923,840 Fire 7,306,581 (105,000)7,201,581 Public Works 2,322,379 - 2,322,379 Parks & Recreation 1,456,693 - 1,456,693 Community Development 1,408,987 14,228 1,423,215 Economic Development 258,509 - 258,509 Debt Service 852,436 - 852,436 Contingency 161,521 (161,521)- subtotal 23,879,740$ (597,849)$ 23,281,891$ Interfund Transfers Out: Capital Projects Fund 6,833,582$ 1,462,977 8,296,559$ Capital Grant Fund 565,693 26,000 591,693.00 subtotal 7,399,275$ 1,488,977$ 8,888,252$ TOTAL EXPENDITURES $ 31,279,015 $ 891,128 $ 32,170,143 Total Revenues Over/(Under) Expenditures (2,105,870)$ (233,960)$ (2,339,830)$ Beginning Fund Balance 10,271,476 10,271,476 ENDING FUND BALANCE 8,165,606$ 7,931,646$ General Fund Budget Summary 5 of 23 Proposed Budget Amendment Fiscal Year 2019 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES Insurance Premium Tax 2,000,000 300,000 2,300,000 Penalties & Interest-Real Property Tax 10,000 20,000 30,000 TOTAL: TAXES 320,000 LICENSES & PERMITS Land Disturbance 67,500 35,000 102,500 Tree Removal Permits 8,000 7,000 15,000 TOTAL: LICENSES & PERMITS 42,000 INTERGOVERNMENTAL Community Services Program (CSP)- 11,250 11,250 TOTAL: INTERGOVERNMENTAL 11,250 INVESTMENT INCOME Realized Gain/Loss On Investment 275,000 115,000 390,000 TOTAL: INVESTMENT INCOME 115,000 CONTRIBUTIONS & DONATIONS Donation Revenue-Parks & Recreation 150 2,978 3,128 T OTAL: CONTRIBUTIONS & DONATIONS 2,978 MISCELLANEOUS REVENUE Facility Rental/Bethwell Community Center 4,500 3,025 7,525 Insurance Proceeds-Administration - 2,072 2,072 Insurance Proceeds-Public Works 3,170 6,343 9,513 TOTAL: MISCELLANEOUS REVENUE 11,440 OTHER FINANCING SOURCES Sale Of Surplus Equipment 10,000 154,500 164,500 T OTAL: OTHER FINANCING SOURCES 154,500 TOTAL REVENUES $ 657,168 Change in revenue recognition 6 of 23 Proposed Budget Amendment Fiscal Year 2019 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: CITY MANAGER Salaries & Wages 532,872 (70,000) 462,872 Employee Benefits 156,556 (20,000) 136,556 T OTAL: CITY MANAGER (90,000) LEGAL Professional Fees 295,000 25,000 320,000 Increase to account for higher than anticipated legal fees resulting from a few large regional lawsuits in FY 2019 T OTAL: LEGAL 25,000 COMMUNICATIONS Salaries & Wages 136,235 (16,000) 120,235 Employee Benefits 56,031 (34,556) 21,475 TOTAL: HUMAN RESOURCES (50,556) POLICE Salaries & Wages 2,739,866 (130,000) 2,609,866 Employee Benefits 1,180,817 (100,000) 1,080,817 T OTAL: POLICE (230,000) FIRE Salaries & Wages 4,296,599 (90,000) 4,206,599 Employee Benefits 1,711,365 (15,000) 1,711,365 TOTAL: FIRE (105,000) Salaries & Wages and Employee Benefits savings from hiring the Public Relations Specialist in January 2019 as opposed to October 2018; funds will offset the operating transfer out to the Capital Projects Fund Salaries & Wages and Employee Benefits savings from the elimination of the second Assistant City Manager position; funds will offset the operating transfer out to the Capital Projects Fund Salaries & Wages and Employee Benefits savings from turnover and vacancies; funds will offset the operating transfer out to the Capital Projects Fund Salaries & Wages and Employee Benefits savings from turnover and vacancies; funds will offset the operating transfer out to the Capital Projects Fund 7 of 23 Proposed Budget Amendment Fiscal Year 2019 GENERAL FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY DEPARTMENT: PARKS & RECREATION Grounds Repair & Maintenance 110,500 1,500 112,000 Increased to account for a private donation made to the City Rental Land & Buildings 43,564 11,250 54,814 Increased to account for the Community Services Program grant funding received in FY 2019 Food & Meals 1,140 1,478 2,618 Increased to account for a private donation made to the City TOTAL: PARKS & RECREATION 14,228 OTHER FINANCING USES Contingency 161,521 (161,521) - Decreased to offset the operating transfers out to the Capital Projects Fund Operating Transfer Out to Capital Projects Fund 6,833,582 1,462,977 8,296,559 Increased to fund capital project initiatives including: needed bridge repairs, paving, pedestrian enhancements, potential park land, beginning phase one of the passive and active sections of the Former Milton Country Club, and proceeds from the sale of a fire apparatus Operating Transfer Out to Capital Grant Fund 565,693 26,000 591,693 Increased to cover funding for the City match on grant related projects TOTAL: OTHER FINANCING USES 1,327,456 TOTAL EXPENDITURES $ 891,128 Total Revenues Over/(Under) Expenditures (233,960)$ 8 of 23 FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 92,000$ 9,044$ 101,044$ Expenditures 104,348$ 10,000$ 114,348$ Total Revenues Over/(Under) Expenditures (12,348)$ (956)$ (13,304)$ Beginning Fund Balance 57,600$ 57,600$ ENDING FUND BALANCE 45,252$ 44,296$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 75,000$ 5,000$ 80,000$ Expenditures 75,000$ 5,000$ 80,000$ Total Revenues Over/(Under) Expenditures -$ -$ -$ Beginning Fund Balance -$ -$ ENDING FUND BALANCE -$ -$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues -$ 14,861$ 14,861$ Expenditures 83,815$ 8,150$ 91,965$ Total Revenues Over/(Under) Expenditures (83,815)$ 6,711$ (77,104)$ Beginning Fund Balance 83,820$ 83,820$ ENDING FUND BALANCE 5$ 6,716$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 950,000$ 25,000$ 975,000$ Expenditures 950,000$ 25,000$ 975,000$ Total Revenues Over/(Under) Expenditures -$ -$ -$ Beginning Fund Balance -$ -$ ENDING FUND BALANCE -$ -$ E-911 FUND HOTEL/MOTEL TAX FUND Special Revenue Funds Budget Summaries SPECIAL EVENTS FUND CONFISCATED ASSETS FUND 9 of 23 SPECIAL EVENTS FUND & HOTEL/MOTEL TAX FUND The Special Events Fund is used to track revenues and expenditures associated with running the City’s special events. The primary revenue source for this fund is an interfund transfer in from the Hotel/Motel Tax Fund. An increase in tax revenues anticipated in the Hotel/Motel Tax Fund also results in a request to increase the interfund transfer line items between the two funds of $5,000. Revenue anticipation updates to the vendor fees for Rock for Rescues and contributions received from the Gas South Partnership have also been requested. One request to increase Professional Fees for Crabapple Fest has been made in order to test a new partnership opportunity for festival management. Proposed Budget Amendments Fiscal Year 2019 SPECIAL EVENTS FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CHARGES FOR SERVICES Rock For Rescues Vendor Fee - 2,744 2,744 TOTAL: CHARGES FOR SERVICES 2,744 CONTRIBUTIONS & DONATIONS Private Entity Contributions/Gas South Partnership - 1,300 1,300 TOTAL: CONTRIBUTIONS & DONATIONS 1,300 OTHER FINANCING SOURCES Operating Transfers In From Hotel/Motel Tax Fund 75,000 5,000 80,000 TOTAL: OTHER FINANCING SOURCES 5,000 TOTAL REVENUES $ 9,044 EXPENDITURES BY PROJECT: Professional Fees/Crabapple Fest 5,685 10,000 15,685 Increased to account for Crabapple Fest Professional Management initiative TOTAL EXPENDITURES $ 10,000 Total Revenues Over/(Under) Expenditures (956)$ Change in revenue recognition 10 of 23 Proposed Budget Amendments Fiscal Year 2019 HOTEL/MOTEL TAX FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES Hotel/Motel Excise Tax 75,000 5,000 80,000 TOTAL: TAXES 5,000 TOTAL REVENUES $ 5,000 EXPENDITURES BY PROJECT: Operating Transfers Out Special Events Fund 75,000 5,000 80,000 Increase to account for additional revenues anticipated in FY 2019 TOTAL EXPENDITURES $ 5,000 Total Revenues Over/(Under) Expenditures -$ Change in revenue recognition 11 of 23 CONFISCATED ASSETS FUND The Confiscated Assets Fund accounts for all activity related to federal and state confiscations. Each entity has guidelines that must be adhered to with regard to spending these funds. In FY19, $14,825 of federal funds have been received, and an increase to that revenue line is being requested. The Police department spent down federal funds in the amount of $8,150 for expenditures related to new training initiatives and procurements to improve their technology. Proposed Budget Amendments Fiscal Year 2019 CONFISCATED ASSETS FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: FINES & FORFEITURES Cash Confiscations/Federal Funds - 14,825 14,825 TOTAL: FINES & FORFEITURES 14,825 INVESTMENT INCOME Interest Revenue/Federal Funds - 36 36 TOTAL: INVESTMENT INCOME 36 TOTAL REVENUES $ 14,861 EXPENDITURES BY PROJECT: Education & Training/Federal Funds - 3,950 3,950 Computer/Software/Federal Funds - 4,200 4,200 TOTAL EXPENDITURES $ 8,150 Total Revenues Over/(Under) Expenditures 6,711$ Change in revenue recognition Set budget for purchases made with federal confiscated funds 12 of 23 E-911 FUND The City’s E-911 Fund accounts for the revenues and monthly payments related to providing emergency 911 services to the community. Milton currently has an Intergovernmental Agreement with the City of Alpharetta and 100% of all revenue collections are passed on to them to cover Milton’s share of the expenses related to the program. In FY 2019 revenue and corresponding expenditure anticipations are anticipated to increase by $25,000. Proposed Budget Amendments Fiscal Year 2019 E-911 FUND CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CHARGES FOR SERVICE Public Safety/E-911 Charges 950,000 25,000 975,000 TOTAL: CHARGES FOR SERVICES 25,000 TOTAL REVENUES $ 25,000 EXPENDITURES BY PROJECT: Maintenance Contracts 950,000 25,000 975,000 Increase to account for additional revenues anticipated in FY 2019 TOTAL EXPENDITURES $ 25,000 Total Revenues Over/(Under) Expenditures -$ Change in revenue recognition 13 of 23 FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 7,166,192$ 1,815,758$ 8,981,951$ Expenditures 14,753,208$ 1,717,709$ 16,470,917$ Total Revenues Over/(Under) Expenditures (7,587,016)$ 98,050$ (7,488,966)$ Beginning Fund Balance 7,587,016$ 7,587,016$ ENDING FUND BALANCE 0$ 98,050$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 2,019,600$ 178,175$ 2,197,775$ Expenditures 22,068,542$ 860,836$ 22,929,378$ Total Revenues Over/(Under) Expenditures (20,048,942)$ (682,661)$ (20,731,603)$ Beginning Fund Balance 20,860,987$ 20,860,987$ ENDING FUND BALANCE 812,045$ 129,384$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 6,185,800$ 14,200$ 6,200,000$ Expenditures 12,369,842$ -$ 12,369,842$ Total Revenues Over/(Under) Expenditures (6,184,042)$ 14,200$ (6,169,842)$ Beginning Fund Balance 8,631,592$ 8,631,592$ ENDING FUND BALANCE 2,447,551$ 2,461,751$ Capital Projects Funds Budget Summaries CAPITAL PROJECTS FUND GREENSPACE BOND FUND TSPLOST FUND 14 of 23 FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 1,629,671$ 5,000$ 1,634,671$ Expenditures 1,878,207$ 5,000$ 1,883,207$ Total Revenues Over/(Under) Expenditures (248,536)$ -$ (248,536)$ Beginning Fund Balance 248,602$ 248,602$ ENDING FUND BALANCE 66$ 66$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 889,500$ 196,682$ 1,086,182$ Expenditures 2,740,004$ 223,681$ 2,963,685$ Total Revenues Over/(Under) Expenditures (1,850,504)$ (26,999)$ (1,877,503)$ Beginning Fund Balance 1,877,503$ 1,877,503$ ENDING FUND BALANCE 26,999$ 0$ FY 2019 Current Budget Requested Amendment Total Amended Budget Revenues 17,000,000$ 2,106,563$ 19,106,563$ Expenditures 17,000,000$ 2,106,563$ 19,106,563$ Total Revenues Over/(Under) Expenditures -$ (0)$ (0)$ Beginning Fund Balance 0$ 0$ ENDING FUND BALANCE 0$ -$ REVENUE BOND FUND Capital Projects Funds Budget Summaries CAPITAL GRANT FUND IMPACT FEES FUND 15 of 23 CAPITAL PROJECTS FUND The Capital Projects Fund is used to track revenues and expenditures associated with capital construction, acquisition, and maintenance. Appropriations in Capital Projects Fund are on a project-length basis and do not expire until the project is complete. According to the City’s budgetary policies, a major capital project generally is defined as an expenditure that has an expected useful life of more than 3 years with an estimated total cost of $50,000 or more, or an improvement/addition to an existing capital asset. Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: OTHER TAXES Infrastructure Maintenance Fees Penalty & Interest - 400 400 TOTAL: OTHER TAXES 400 CHARGES FOR SERVICE Tree Recompense 3,328 427 3,755 TOTAL: CHARGES FOR SERVICE 427 INTERGOVERNMENTAL Fulton County (Freemanville @ Providence Funding) - 302,558 302,558 TOTAL: MISCELLANEOUS REVENUE 302,558 MISCELLANEOUS REVENUE Cell Tower Lease Fees 79,404 30,000 109,404 insurance Proceeds-Public Safety 8,175 19,396 TOTAL: MISCELLANEOUS REVENUE 49,396 OTHER FINANCING SOURCES Operating Transfers In From General Fund 6,833,582 1,462,977 8,296,559 TOTAL: OTHER FINANCING SOURCES 1,462,977 TOTAL REVENUES 1,815,758 CAPITAL PROJECTS FUND Change in Revenue Recognition 16 of 23 Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT EXPENDITURES BY PROJECT: Land Conservation 905,559 (904,252) 1,306 Greenspace Bond Initiative 3,936 (3,936) - Professional Fees (Information Services)- 14,190 14,190 Professional Fees (Public Works)29,190 (14,190) 15,000 Vehicle Replacement Reserve (Police)258,819 21,665 280,484 Increase to account for insurance proceeds received due to total loss Vehicle Replacement Reserve (Fire)1,669,943 100,000 1,769,943 Increase to account for revenue received on the sale of a fire apparatus Pavement Management 2,833,032 260,000 3,093,032 Increase to account for the operating transfer in from the General Fund to address roads requiring paving Storage Building & PW Yard Construction 516,261 315 516,576 Increase to account for additional expenses related to the construction of the storage building/PW yard Bridge Replacement 660,643 310,000 970,643 Increase to account for the operating transfer in from the General Fund requested to address a necessary bridge repair Intersection Imp-Freemanville @ Providence 1,365,857 302,558 1,668,415 Increase to account for funding from Fulton County Crabapple Pedestrian Improvements 309,000 100,000 409,000 Increase to cover higher than anticipated costs associated with the pedestrian improvements CAPITAL PROJECTS FUND Decreased to transfer funds to passive improvements at the Former Milton Country Club Transferring the parcel alignment project from Public Works to Information Services as GIS has been merged into that department 17 of 23 Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT Parks & Recreation Master Plan Update 54,486 (45,850) 8,636 Property/Site Improvements 454,000 (454,000) - Buildings/Former Milton Country Club Active 260,000 740,000 1,000,000 Increased to account for funds needed to address phase one of the r ecommended active improvements Site Improvements/Former Milton Country Club Passive - 938,188 938,188 Increased to account for funds needed to address phase one of the r ecommended passive improvements Park & Trail Expansion 412,401 452,827 865,228 Increase to allow for the purchase of additional park land Professional Fees 35,063 (63) 35,000 Release funds remaining from the Tree Ordinance update project Site Improvement/Tree Recompense 144,647 427 145,074 Increase to account for additional revenues received Contingency 100,171 (100,171) - Decreased to cover requests that are not covered by interdepartmental t ransfers TOTAL EXPENDITURES 1,717,709 Total Revenues Over/(Under) Expenditures 98,050$ CAPITAL PROJECTS FUND Decreased to transfer funds to active improvements at the Former Milton Country Club 18 of 23 GREENSPACE BOND FUND This fund was set up to account for the bond proceeds and related purchases approved in the greenspace bond referendum and the corresponding debt service. Budget amendments related to property tax collections and investment income anticipated have been requested. Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: TAXES Personal Property - Prior Year - 60 60 Penalties & Interest - 3,115 3,115 TOTAL: TAXES 3,175 INVESTMENT INCOME Interest (Regions) 200,000 175,000 375,000 TOTAL: INVESTMENT INCOME 175,000 TOTAL REVENUES $ 178,175 EXPENDITURES BY PROJECT: Land Conservation 20,359,167 860,836 21,220,003 TOTAL EXPENDITURES $ 860,836 Total Revenues Over/(Under) Expenditures (682,661)$ GREENSPACE BOND FUND Increase to account for proceeds and interest recevied Change in revenue recognition 19 of 23 TSPLOST FUND The TSPLOST Fund has been set up to account for the proceeds of the transportation local option sales tax and the various improvement projects outlined in the program. A budget amendment to recognize an increase in investment income anticipated has been requested. Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: INVESTMENT INCOME Interest 185,800 14,200 200,000 TOTAL: INVESTMENT INCOME 14,200 TOTAL REVENUES $ 14,200 Total Revenues Over/(Under) Expenditures 14,200$ TSPLOST FUND Change in revenue recognition 20 of 23 CAPITAL GRANT FUND REVISED The Capital Grant Fund is a capital project fund that accounts for capital grants used to finance major capital projects. City staff has identified new opportunities regarding the Smart Cities program and a USTA grant that will help with the tennis court resurfacing project at the Former Milton Country Club. The corresponding amendments account for the grant funding and expenses as well as the City’s required match for these programs as well as a reduction in revenue and corresponding expenditures for the Livable Cities Grant which was not awarded to Milton in FY 2019. Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: INTERGOVERNMENTAL State Gov Grant/LCI Funds 96,000 (96,000) - State Gov Grant/Smart Communities - 65,191 65,191 TOTAL: INTERGOVERNMENTAL (30,809) CONTRIBUTIONS & DONATIONS Private Entity Grant - 9,809 9,809 TOTAL: CONTRIBUTIONS & DONATIONS 9,809 OTHER FINANCING SOURCES Operating Transfers In From General Fund 565,693 26,000 591,693 TOTAL: OTHER FINANCING SOURCES 26,000 TOTAL REVENUES $ 5,000 EXPENDITURES BY PROJECT: Professional Fees/Liveable Centers Initiative 120,000 (120,000) - Decreased as the City was not awarded this grant Professional Fees/Smart Communities Grant - 105,191 105,191 Increase to account for grant funding and the City match for the Smart Communities Grant Site Improvements/Tennis Courts - 19,809 19,809 Increase to account for grant funding and the City match for the USTA tennis court resurfacing TOTAL EXPENDITURES $ 5,000 Total Revenues Over/(Under) Expenditures -$ CAPITAL GRANT FUND Change in revenue recognition 21 of 23 IMPACT FEES FUND The Impact Fee Fund accounts for revenues and expenditures related to the City’s impact fee program as approved in October 2015. Impact fee revenue anticipations have been updated across all project categories and related expenditure lines for related projects have been requested. Additionally, a request to correct the transfer from the General Fund of $27,000 related to administration related expenses has been made as no funds will be coming in from the General Fund. Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: CHARGES FOR SERVICES I mpact Fees/Admin Fund 27,000 3,346 30,346 Impact Fees/Law Enforcement Fund 13,000 1,952 14,952 Impact Fees/Fire Fund 72,500 3,970 76,470 Impact Fees/Road Fund 100,000 3,742 103,742 Impact Fees/Park Fund 650,000 210,672 860,672 TOTAL: CHARGES FOR SERVICES 223,682 OTHER FINANCING SOURCES Operating Transfers In From General Fund 27,000 (27,000) - TOTAL: OTHER FINANCING SOURCES (27,000) TOTAL REVENUES $ 196,682 EXPENDITURES BY PROJECT: SR9 Court/Fire/Police Complex 58,485 1,952 60,437 Site Improvements/Station 42 Replacement 242,902 3,970 246,872 Intersection Imp/Bethany @ Providence - 3,742 3,742 Trails/Park & Trail Expansion 2,215,415 210,672 2,426,087 Professional Fees (Community Development)29,980 3,345 33,325 TOTAL EXPENDITURES $ 223,681 Total Revenues Over/(Under) Expenditures (26,999)$ IMPACT FEES FUND Increase to account for updated FY19 revenue projections Change in revenue recognition 22 of 23 REVENUE BOND FUND The Revenue Bond Fund accounts for revenues and expenditures related to the City’s revenue bond issuances. The following requests account for project estimate updates and the corresponding proceeds anticipated to be collected. Proposed Budget Amendments Fiscal Year 2019 CURRENT BUDGET BUDGET AMENDMENT REVISED BUDGET REASON FOR AMENDMENT REVENUES BY SOURCE: OTHER FINANCING SOURCES Revenue Bond Proceeds 17,000,000 2,106,563 19,106,563 TOTAL: OTHER FINANCING SOURCES 2,106,563 TOTAL REVENUES $ 2,106,563 EXPENDITURES BY PROJECT: SR9 Court/Fire/Police Complex 15,000,000 400,000 15,400,000 Site Improvements/Station 42 Replacement 2,000,000 1,706,563 3,706,563 TOTAL EXPENDITURES $ 2,106,563 Total Revenues Over/(Under) Expenditures (0)$ REVENUE BOND FUND Change in revenue recognition Increase to account for updated project estimates 23 of 23 ORDINANCE NO. STATE OF GEORGIA FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2019 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. BE IT ORDAINED by the City Council of the Ci ty of Milton, GA while in a council meeting on September 23, 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 on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 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 items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. ADOPTED AND APPROVED this 23rd day of September, 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 (SEAL) Attest: _______________________________ City Clerk