HomeMy WebLinkAboutAgenda Packet - CC - 12/02/2019Page 1 of 5
Joe Lockwood, Mayor
CITY COUNCIL
Peyton Jamison
Matt Kunz
Laura Bentley
Carol Cookerly
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, December 2, 2019 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Sarah LaDart
1)CALL TO ORDER
2)ROLL CALL
3)PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood)
4)APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 19-250)
5)PUBLIC COMMENT (General)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 2, 2019
Page 2 of 5
6)CONSENT AGENDA
1.Approval of the November 4, 2019 City Council Meeting Minutes.
(Agenda Item No. 192-251)
2.Approval of a Professional Services Agreement between the City of Milton
and Mauldin & Jenkins, LLC for External Auditing Services.
(Agenda Item No. 19-252)
(Bernadette Harvill, Finance Director)
3.Approval of a Professional Services Agreement between the City of Milton
and the Collaborative, Inc. regarding Plan Review Services.
(Agenda Item No. 19-253)
(Parag Agrawal, Community Development Director)
4.Approval of a Professional Services Agreement between the City of Milton
and CH2M Hill for an Acquisition Agent for the City of Milton Parks.
(Agenda Item No. 19-254)
(Jim Cregge, Parks & Recreation Director)
5.Approval of a Project Framework Agreement by and between Georgia
Department of Transportation and City of Milton for Transportation Facility
Improvements.
(Agenda Item No. 19-255)
(Robert Drewry, Public Works Director)
6.Approval of a Memorandum of Agreement between The Fulton County
Soil and Water Conservation District and The City of Milton, Georgia.
(Agenda Item No. 19-256)
(Parag Agrawal, Community Development Director)
7.Authorization for the Mayor to Sign the Georgia Security and Immigration
Compliance Act Affidavit Contractor Affidavit; and the Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion –
Lower Tier Covered Transactions and Lobbying Forms Related to the
Agreement between The City of Milton and The Atlanta Regional
Commission for the City of Milton Smarter, Safer Routes to School (2019)
Project for the GA Tech Smart Communities Challenge
Program.
(Agenda Item No. 19-257)
(Parag Agrawal, Community Development Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 2, 2019
Page 3 of 5
7) REPORTS AND PRESENTATIONS
1. Proclamation Recognizing the 2019 NAFL Eagles Degala K-1 Flag Football
Team Day.
(Presented by Mayor Joe Lockwood)
2. Recognition and Presentation of City of Milton “Ten” Year Anniversary Pins
to: Sudie Gordon, Deidra Jones, Brooke Lappin, Scott Mulvey and
Sam Trager.
(Presented by Mayor Joe Lockwood)
3. Recognition and Presentation of City of Milton “Five” Year Anniversary Pins
to: Gregory Carter, Seth Chafee, Jeffrey Jones, Sarah LaDart,
Jammie Peters, Joshua Reece and Chad West.
(Presented by Mayor Joe Lockwood)
4. Stormwater Management Presentation.
(Robert Drewry, Public Works Director)
5. Discussion of Public Art in the Mayfield/Charlotte Roundabout.
(Sarah LaDart, Economic Development Manager)
8) FIRST PRESENTATION
1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of
the Milton Code of Ordinances Governing Solid Waste Collection Services
within the City of Milton.
(Agenda Item No. 19-258)
(Parag Agrawal, Community Development Director)
2. Consideration of U19-02/VC19-03 located at 16040 Birmingham Hwy (SR
372) by Northleach, LLC (Ashford Gardeners, Inc.) for a Use Permit for a
Landscape Business (Sec. 64-1820) with a total of 5,900 square feet (3,443
sq. ft. existing) of structures on 3.5 acres with the following 15-Part
Concurrent Variance:
Sec. 64-416 (c) (1) Part 1: To reduce the side building setback from 25 feet
to 4 feet on the south property line to allow the existing barn/storage
building to remain.
Sec. 64-1820 (1) Part 2: To allow retail or wholesale sales on the property.
Sec. 64-1820 (2) Part 3: To allow the proposed building to exceed 2,000
square feet and the total square footage to exceed 5,000 square feet.
Sec. 64-1820 (3) Part 4: To permit the design of the proposed 2,400 square
foot building not comply with the Rural Milton Overlay District.
MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 2, 2019
Page 4 of 5
Sec. 64-1820 (4) Part 5: To delete the 75-foot use area, storage areas, or
structure setback adjacent to the north and south property lines.
Sec. 64-1820 (5) Part 6: To allow a total of 14 employee parking spaces
on the site.
Sec. 64-1820 (7) Part 7: Hours of operation and vendor material deliveries
shall occur between the hours of 6:30 a.m. and 7:30 p.m., Monday
through Friday.
Sec. 64-1820 (9) Part 8: To allow the landscape debris/soil composting
area to be located on the ground.
Sec. 64-1142 (a) (3) Part 9: To delete the requirement of the 50-foot
undisturbed buffer and 10-foot improvement setback adjacent to the
north and south property lines.
Sec. 64-1142 (b) (2 Part 10: To delete the requirement for parking lots to
be screened from view of any public street by a 15-foot-wide landscape
strip planted to buffer standards.
Sec. 64-1142 (b) (3) Part 11: To allow the dumpster not to have an
enclosure.
Sec. 64-1142 (g) (3) b. Part 12: To allow a 2,400 square foot new building to
be located 165 feet from the landscape strip.
Sec. 64-1142 (h) (2) a. Part 13: To allow none of the following materials to
be used on the new 2,400 square foot building; clapboard siding, brick,
and stone.
Sec. 64-1142 (h) (2) c. Part 14: To allow the exterior building walls to be
made of metal panel systems on the new 2,400 square foot building.
Sec. 64-1142 (h) (4 Part 15: To allow no windows on the new 2,400 square
foot building.
(Agenda Item No. 19-259)
(Parag Agrawal, Community Development Director)
9) PUBLIC HEARING (None)
10) ZONING AGENDA (None)
11) UNFINISHED BUSINESS (None)
12) NEW BUSINESS
13) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 2, 2019
Page 5 of 5
Department Updates
1. Public Works
2. Parks & Recreation
3. Economic Development
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 19-260)
MILTON, k
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: November 26, 2019
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Professional Services Agreement between the
City of Milton and Mauldin & Jenkins, LLC for External Auditing
Services.
MEETING DATE: Monday, December 2, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (J,-XPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (,4YES () NO
CITY ATTORNEY REVIEW REQUIRED: (1YES () NO
APPROVAL BY CITY ATTORNEY: VAPPROVED NOT APPROVED
PLACED ON AGENDA FOR: t tl v z( 2cic
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted November 22, 2019 for the December 2, 2019 Regular
City Council Meeting
Agenda Item: Approval of a Professional Services Agreement between the City of
Milton and Mauldin & Jenkins, LLC for External Auditing Services
Department Recommendation: Approval.
Executive Summary: The current auditing services agreement has expired requiring the
City to issue a Request for Proposal (RFP) to fulfill these services. Only one firm
responded to the RFP: Mauldin & Jenkins, LLC. Mauldin & Jenkins, LLC has provided
external auditing services for the City of Milton in the past and will continue to do so
under this agreement.
Procurement Summary:
Purchasing method used: RFP
Account Number: 100-1510-521200003
Requisition Total:
Year 1 (Audit of FYE September 30, 2019): $31,000
Year 2 (Audit of FYE September 30, 2020): $32,000
Year 3 (Audit of FYE September 30, 2021): $33,000
Year 4 (Audit of FYE September 30, 2022): $34,000
Year 5 (Audit of FYE September 30, 2023): $35,000
Financial Review: Honor Motes, November 22, 2019
Legal Review: Sam VanVolkenburgh, November 22, 2019
Concurrent Review: Steve Krokoff, City Manager
Attachment: Professional Services Agreement
1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this_____ day of _____________, 20___
(the “Effective Date”), by and between the City of Milton, Georgia, a municipal corporation of
the State of Georgia, acting by and through its governing authority, the Mayor and City Council
(hereinafter referred to as the “City”), and Mauldin & Jenkins, LLC, a Georgia limited liability
company, (herein after referred to as the "Auditor"), collectively referred to herein as the "Parties."
WITNESSETH:
WHEREAS, City desires to retain Auditor 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, Auditor has represented that it is qualified by training and experience to
perform the Work; and
WHEREAS, Auditor 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, Auditor 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” – City Solicitation Documents
Exhibit “B” – Auditor Response/Proposal
Exhibit “C” – Scope of Work
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Exhibit “D” – Contractor Affidavit
Exhibit “E” – Subcontractor Affidavit
Exhibit “F” – Key Personnel
B. Project Description. The “Project” at issue in this Agreement is generally
described as: annual external audit services.
C. The Work. The Work to be completed under this Agreement (the “Work”)
includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit
“C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit
“C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat,
utilities, transportation, facilities, services and any other miscellaneous items and work necessary
to complete the Work. Some details necessary for proper execution and completion of the Work
may not be specifically described in the Scope of Work, but they are a requirement of the Work if
they are a usual and customary component of the contemplated services or are otherwise necessary
for proper completion of the Work.
D. Schedule, Completion Date, and Term of Agreement. The term of this
Agreement (“Term”) shall commence as of the Effective Date and expire upon completion of and
payment for all Work (provided that certain obligations will survive termination/expiration of this
Agreement). Auditor 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. Each year of the Term,
Auditor shall perform its basic auditing services substantially in accordance with the “Timing of
Audit Process & Procedures” set forth in Exhibit “B” and in any event so that the City can meet
its March 31 CAFR reporting deadline and March 20 reporting target. Additional services that are
within the Scope of Work shall be provided as requested during the Term. Following
termination/expiration of the Term, requests to provide “consent and citation of expertise,”
“comfort letters” and similar documentation related to audit services performed during the Term
may be added via Change Order (and this Agreement may be revived for that limited purpose).
II. WORK CHANGES
A. Change Order Defined. A “Change Order” means a written modification of the
Agreement, signed by representatives of City and Auditor with appropriate authorization.
B. Right to Order Changes. City reserves the right to order changes in the Work to
be performed under this Agreement by altering, adding to, or deducting from the Work. All such
changes shall be incorporated in written Change Orders and executed by Auditor and City. Such
Change Orders shall specify the changes ordered and any necessary adjustment of compensation
and completion time.
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 Auditor.
3
D. Authority to Execute Change Order. The City Manager has authority to execute,
without further action of the Mayor or City Council, any number of Change Orders so long as their
total effect does not materially alter the terms of this Agreement or materially increase the
Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially
altering the terms of this Agreement, or any Change Order affecting the price where the Maximum
Contract Price (as amended) is in excess of $50,000 or that such amendments result in a variance
in price exceeding ten percent of the original contract amount, must be approved by resolution of
the Mayor and City Council.
III. COMPENSATION AND METHOD OF PAYMENT
A. Payment Terms. City agrees to pay Auditor for the Work performed by Auditor
upon certification by City that the Work was actually performed in accordance with the
Agreement. Notwithstanding anything to the contrary in Exhibit “A”, Auditor may invoice City
periodically on a progress basis as work progresses. 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 Auditor 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 all Work performed shall be the following flat fees:
Year 1 (Effective Date – 1 year anniversary): $31,000
Year 2: $32,000
Year 3: $33,000
Year 4: $34,000
Year 5: $35,000
The total amount due under this Agreement during the five-year Term is $165,000.
C. Reimbursement for Costs. The Maximum Contract Price set forth in Section
III(B) above includes all costs, direct and indirect, needed to perform the Work and
complete the Project, and reimbursement for costs incurred shall be limited as follows:
there shall be no reimbursement for costs.
IV. COVENANTS OF CONSULTANT
A. Expertise of Auditor; Licenses, Certification and Permits. Auditor 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 Auditor under this Agreement.
Auditor shall employ only persons duly qualified in the appropriate area of expertise to perform
the Work described in this Agreement.
Auditor covenants and declares that it has obtained all diplomas, certificates, licenses,
permits or the like required of Auditor by any and all national, state, regional, county, or local
4
boards, agencies, commissions, committees or other regulatory bodies in order to perform the
Work contracted for under this Agreement. Further, Auditor 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. Any additional work or costs incurred as a result of error and/or omission
by Auditor as a result of not meeting the applicable standard of care or quality will be provided by
Auditor at no additional cost to City. This provision shall survive termination of this Agreement.
B. Budgetary Limitations. Auditor agrees and acknowledges that budgetary
limitations are not a justification for breach of sound principals of Auditor’s profession and
industry. Auditor shall take no calculated risk in the performance of the Work. Specifically,
Auditor agrees that, in the event it cannot perform the Work within the budgetary limitations
established without disregarding sound principles of Auditor’s profession and industry, Auditor
will give written notice immediately to City.
C. City’s Reliance on the Work. The Auditor acknowledges and agrees that the City
does not undertake to approve or pass upon matters of expertise of the Auditor. Auditor
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; however, the City acknowledges that it is responsible for making all management
decisions and performing all management functions relating to the financial statements and related
notes and for accepting full responsibility for such decisions. The City will review and approve
the financial statements and related notes prior to their issuance and will have accepted
responsibility for them. Furthermore, the City is required to designate an individual with suitable
skill, knowledge, or expertise to oversee any nonaudit services the Auditor provides, such as
preparation of the City’s draft financial statements and related notes, and for evaluating the
adequacy and results of those services and accepting responsibility for them. Auditor further
agrees that no approval of Work shall relieve Auditor of its responsibility under the Auditor’s
professional and industry standards, or for performing services under this Agreement in
accordance with sound and accepted professional and industry standards.
D. Auditor’s Reliance on Submissions by City. Auditor must have timely
information and input from City in order to perform the Work required under this Agreement.
Auditor is entitled to rely upon information provided by City, but Auditor shall provide written
notice to City if Auditor knows or reasonably should know that any information provided by City
is erroneous, inconsistent, or otherwise problematic.
E. Auditor’s Representative. Adam Fraley shall be authorized to act on Auditor’s
behalf with respect to the Work as Auditor’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. Auditor covenants and agrees not to assign or transfer
any interest in, or subcontract or delegate any duties of this Agreement, without the prior express
written consent of City. As to any approved subcontractors, Auditor shall be solely responsible for
reimbursing them, and City shall have no obligation to them.
5
G. Responsibility of Auditor and Indemnification of City. The Auditor shall
indemnify and hold harmless the City, its agents, officers and employees from any claims, actions,
or damages of any kind, arising from, or in connection with, the performance by the Auditor or its
agents, officers and employees under this Agreement insofar as such performance results from the
Firm’s negligent, reckless, or willful act or omission. This indemnity does not include claims that
arise from any negligent, reckless or willful act or omission of th e City. This indemnification
obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring
under this Agreement or any extension of this Agreement.
H. Independent Contractor. Auditor 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
Auditor or any of its employees, servants, or subcontractors, an employee, servant or agent of City
for any purpose. Auditor 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.
Auditor 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 Auditor. Any
provisions of this Agreement that may appear to give City the right to direct Auditor as to the
details of the services to be performed by Auditor or to exercise a measure of control over such
services will be deemed to mean that Auditor shall follow the directions of City with regard to the
results of such services only. It is further understood that this Agreement is not exclusive, and
City may hire additional entities to perform the Work related to this Agreement.
Inasmuch as City and Auditor 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. Auditor agrees not
to represent itself as City’s agent for any purpose to any party or to allow any employee of Auditor
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. Auditor shall assume full liability for any contracts
or agreements Auditor enters into on behalf of City without the express knowledge and prior
written consent of City.
I. Insurance.
(1) Requirements: Auditor 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 Auditor, its agents,
representatives, employees or subcontractors. All policies shall be subject
to approval by City as to form and content. These requirements are subject
to amendment or waiver if so approved in writing by the City Manager.
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(2) Minimum Limits of Insurance: Auditor shall maintain the following
insurance policies with coverage and limits no less than:
(a) Commercial General Liability coverage of at least $1,000,000 (one
million dollars) combined single limit per occurrence for
comprehensive coverage including for bodily and personal injury,
sickness, disease or death, injury to or destruction of property,
including loss of use resulting therefrom. If a general aggregate
limit applies, the general aggregate limit shall be at least twice the
required occurrence limit.
(b) Commercial Automobile Liability (owned, non-owned, hired)
coverage of at least $1,000,000 (one million dollars) combined
single limit per occurrence for comprehensive coverage including
bodily and personal injury, sickness, disease or death, injury to or
destruction of property, including loss of use resulting therefrom.
(c) Professional Liability of at least $1,000,000 (one million dollars)
limit for claims arising out of professional services and caused by
Auditor’s errors, omissions, or negligent acts.
(d) Workers’ Compensation limits as required by the State of Georgia
and Employers’ Liability limits of $1,000,000 (one million dollars)
per occurrence or disease. No individuals associated with Auditor
(Proprietor/Partner/Executive/Officer/Member/etc.) may be
excluded from coverage. If, notwithstanding this provision,
individuals are excluded, those individuals are strictly prohibited
from performing the Work. (If Auditor is a sole proprietor, who is
otherwise not entitled to coverage under Georgia’s Workers’
Compensation Act, Auditor must secure Workers’ Compensation
coverage approved by both the State Board of Workers’
Compensation and the Commissioner of Insurance. The amount of
such coverage shall be the same as what is otherwise required of
employers entitled to coverage under the Georgia Workers’
Compensation Act.)
(e) Commercial Umbrella Liability Coverage: N/A
(3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured
retentions must be declared to and approved by City in writing so that City
may ensure the financial solvency of Auditor; self-insured retentions should
be included on the certificate of insurance.
(4) Other Insurance Provisions: Each policy shall contain, or be endorsed to
contain, the following provisions respectively:
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(a) General Liability, Automobile Liability and (if applicable) Umbrella
Liability Coverage.
(i) Additional Insured Requirement. City and City’s elected
and appointed officials, officers, boards, commissioners,
employees, representatives, consultants, servants, agents and
volunteers (individually “Insured Party” and collectively
“Insured Parties”) shall be named as additional insureds as
respects: liability arising out of activities performed by or on
behalf of Auditor; products and completed operations of
Auditor; premises owned, leased, or used by Auditor;
automobiles owned, leased, hired, or borrowed by Auditor.
The coverage shall contain no special limitations on the
scope of protection afforded to the Insured Parties. Nothing
contained in this section shall be construed to require the
Auditor to provide liability insurance coverage to any
Insured Party for claims asserted against such Insured Party
for its sole negligence.
(ii) Primary Insurance Requirement. Auditor’s insurance
coverage shall be primary noncontributing insurance as
respects to any other insurance or self-insurance available to
the Insured Parties. Any insurance or self-insurance
maintained by the Insured Parties shall be in excess of
Auditor’s insurance and shall not contribute with it.
(iii) Reporting Requirement. Any failure to comply with
reporting provisions of the policies shall not affect coverage
provided to the Insured Parties.
(iv) Separate Coverage. Coverage shall state that Auditor’s
insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect
to limits of insurance provided.
(v) Defense Costs/Cross Liability. Coverage shall be
provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. There shall be no cross
liability exclusion.
(vi) Subrogation. The insurer shall agree to waive all rights of
subrogation against the Insured Parties for losses arising
from Work performed by Auditor for City.
(vii) Incorporation of Indemnification Obligations. Policies shall
8
include an endorsement incorporating the indemnification
obligations assumed by Auditor under the terms of this
Agreement, including but not limited to Section IV(G) of
this Agreement.
(b) Workers’ Compensation Coverage. The insurer providing Workers’
Compensation Coverage will agree to waive all rights of
subrogation against the Insured Parties for losses arising from Work
performed by Auditor for City.
(c) All Coverages.
(i) Notice Requirement. Each insurance policy required by
this Agreement shall be endorsed to state that coverage shall
not be suspended, voided, or canceled except after thirty (30)
calendar days prior written notice (or 10 calendar days if due
to non-payment) has been given to City. City reserves the
right to accept alternate notice terms and provisions,
provided they meet the minimum requirements under
Georgia law.
(ii) Starting and Ending Dates. Policies shall have concurrent
starting and ending dates.
(iii) If higher limits are maintained by Auditor than shown
above, the City shall be entitled to coverage for any
additional insurance proceeds in excess of the specified
minimum limits maintained by the Auditor.
(5) Acceptability of Insurers: The insurance to be maintained by Auditor must
be issued by a company licensed or approved by the Insurance
Commissioner to transact business in the State of Georgia. Such insurance
policies shall be placed with insurer(s) with an A.M. Best Policyholder’s
rate of no less than “A-” and with a financial rating of Class VII or greater.
The Auditor shall be responsible for any delay resulting from the failure of
its insurer to provide proof of coverage in the prescribed form.
(6) Verification of Coverage: Auditor shall furnish to City for City approval
certificates of insurance and endorsements to the policies evidencing all
coverage required by this Agreement prior to the start of work. Without
limiting the general scope of this requirement, Auditor is specifically
required to provide an endorsement naming City as an additional insured
when required. The certificates of insurance and endorsements for each
insurance policy are to be on a form utilized by Auditor’s insurer in its
normal course of business and are to be signed by a person authorized by
that insurer to bind coverage on its behalf, unless alternate sufficient
9
evidence of their validity and incorporation into the policy is provided. City
reserves the right to require complete, certified copies of all required
insurance policies at any time. Auditor shall provide proof that any expiring
coverage has been renewed or replaced prior to the expiration of the
coverage.
(7) Auditor’s Duty to Provide Notice of Reduction in Coverage: Auditor shall
provide written notice to City at least thirty (30) days prior to any reduction,
suspension, voiding, or cancellation of coverage. Auditor shall require the
same notice to the City in all subcontractor contracts.
(8) Subcontractors: Auditor shall either (1) ensure that its insurance policies
(as described herein) cover all subcontractors and the Work performed by
such subcontractors or (2) ensure that any subcontractor secures separate
policies covering that subcontractor and its Work. All coverage for
subcontractors shall be subject to all of the requirements stated in this
Agreement, including, but not limited to, naming the Insured Parties as
additional insureds.
(9) Claims-Made Policies: Auditor shall extend any claims-made insurance
policy for at least six (6) years after termination or final payment under the
Agreement, whichever is later, and have an effective date which is on or
prior to the Effective Date.
(10) City as Additional Insured and Loss Payee: City shall be named as an
additional insured and loss payee on all policies required by this Agreement,
except City need not be named as an additional insured and loss payee on
any Professional Liability policy or Workers’ Compensation policy.
(11) Progress Payments: The making of progress payments to Auditor shall not
be construed as relieving Auditor or its subcontractors or insurance carriers
from providing the coverage required in this Agreement.
J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit.
Pursuant to O.C.G.A. § 13-10-91, Auditor shall: (1) complete the form attached
hereto as Exhibit “A”, averring that: (i) it will not perform any services in the United States
and is exempt from compliance with United States immigration verification laws with
respect to the services performed under this Agreement; or (ii) it 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, and that will continue to use
the federal work authorization program throughout the term of the Agreement; or (2)
provide evidence that it is an individual licensed in good standing under Title 26 or Title
43 of the Georgia Code, or by the State Bar of Georgia; or (3) provide a copy of its state-
issued drivers’ license accompanied by an affidavit that it currently has no employees and
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does not intend to hire any employees for purposes of satisfying or completing the terms
and conditions of this Agreement.
In the event Auditor employs or contracts with any subcontractor(s) in connection
with this Agreement, Auditor agrees to secure from such subcontractor(s): (a) attestation
of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Georgia Rule 300-10-1-
.02 by the subcontractor’s execution of the subcontractor affidavit attached hereto as
Exhibit “B”, which subcontractor affidavit shall become part of the Auditor/subcontractor
agreement; or (b) evidence that the subcontractor is not required to provide such an
affidavit because it satisfies the criteria of subsections (2) or (3) above. If a subcontractor
affidavit is obtained, Auditor agrees to provide a completed copy to City within five (5)
business days of receipt from any subcontractor.
K. Records, Reports and Audits.
(1) Records:
(a) Audit files and records relating to the Work performed for City
under this Agreement (“Records”) shall be established and
maintained by Auditor in accordance with applicable law and
requirements prescribed by City with respect to all matters covered
by this Agreement. Such Records shall be kept in accordance with
sound industry practices consistently applied, and otherwise in such
manner as shall be reasonably required by the City. Except as
otherwise authorized or required, such Records shall be maintained
for at least five (5) years from the date that final payment is made to
Auditor by City under this Agreement.
(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, Auditor 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, Auditor shall make available to City or
City’s representative(s) for examination all Records. Auditor will permit
City or City’s representative(s) to audit, examine, and make excerpts or
transcripts from such Records. Auditor shall provide proper facilities for
City or City’s representative(s) to access and inspect the Records, or, at the
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request of City, shall make the Records available for inspection at City’s
office. Further, Auditor shall permit City or City’s representative(s) to
observe and inspect any or all of Auditor’s facilities and activities during
normal hours of business for the purpose of evaluating Auditor’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.
(4) Any more extensive record-keeping requirements set forth in Exhibit “A”
will supersede the requirements above.
L. Ethics Code; Conflict of Interest. Auditor 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. Auditor certifies that to the best of its knowledge no circumstances
exist which will cause a conflict of interest in performing the Work. Should Auditor become aware
of any circumstances that may cause a conflict of interest during the Term of this Agreement, Auditor
shall immediately notify City. If City determines that a conflict of interest exists, City may require
that Auditor 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 Auditor when such services
were performed while a conflict of interest existed if Auditor had knowledge of the conflict of interest
and did not notify City within five (5) business days of becoming aware of the existence of the conflict
of interest.
Auditor 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. Auditor 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 Auditor or higher tier sub-consultant,
or any person associated therewith, as an inducement for the award of a subcontract or order.
M. Confidentiality. Auditor 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. Auditor agrees that confidential information it learns or receives or such
reports, information, opinions or conclusions that Auditor 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. Auditor shall exercise reasonable precautions to prevent
the unauthorized disclosure and use of City information whether specifically deemed confidential
or not.
Auditor acknowledges that City’s disclosure of documentation is governed by Georgia’s
Open Records Act, and Auditor further acknowledges that if Auditor submits records containing
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trade secret information, and if Auditor wishes to keep such records confidential, Auditor 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 of the Georgia
Code, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto.
N. Key Personnel. All of the individuals identified in Exhibit “B”, 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 Auditor’s Project Manager or members of
the Project team, as listed in Exhibit “B”, without written approval of City. Auditor recognizes
that the composition of this team was instrumental in City’s decision to award the Work to Auditor
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 Auditor’s obligations under this Agreement and shall be grounds for termination.
O. Meetings. Auditor 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 Auditor’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 Auditor’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
Auditor covenants and declares that it has obtained all necessary approvals of Auditor’s board of
directors, stockholders, general partners, limited partners or similar authorities to simultan eously
execute and bind Auditor to the terms of this Agreement, if applicable.
Q. Ownership of Work. All financial statements prepared or in the process of being
prepared for the Work to be performed by Auditor (“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 Auditor 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 Auditor may retain a copy of any deliverables for its records.
Auditor 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, Auditor shall replace them at its own expense.
Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Auditor
agrees to execute any additional documents that may be necessary to evidence such assignment.
R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964,
as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended,
42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132,
and all other provisions of Federal law, Auditor agrees that, during performance of this Agreement,
Auditor, for itself, its assignees and successors in interest, will not discriminate against any
13
employee or applicant for employment, any subcontractor, or any supplier because of race, color,
creed, national origin, gender, age or disability. In addition, Auditor 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.
S. Auditors Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if
the Agreement requires the Auditor 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
Auditor shall avoid any appearance of impropriety and shall follow all ethics and conflict -of-
interest policies and procedures of the City; (b) the Auditor shall immediately disclose to the City
any material transaction or relationship, including, but not limited to, that of the Auditor, the
Auditor’s employees, or the Auditor’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 Auditor 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.
V. COVENANTS OF CITY
A. Right of Entry. City shall provide for right of entry for Auditor and all necessary
equipment as required for Auditor to complete the Work; provided that Auditor shall not
unreasonably encumber the Project site(s) with materials or equipment.
B. City’s Representative. Bernadette Harvill shall be authorized to act on City’s
behalf with respect to the Work as City’s designated representative on this Project; provided that
any changes to the Work or the terms of this Agreement must be approved as provided in Section
II above.
VI. TERMINATION
A. For Convenience. City may terminate this Agreement for convenience at any time
upon providing written notice thereof at least seven (7) calendar days in advance of the termination
date. Auditor may terminate this Agreement for convenience prior to beginning an audit upon
providing written notice thereof at least seven (7) calendar days in advance of the termination date.
B For Inability to Complete the Audit or Form an Opinion. Auditor may
terminate the Agreement if it is unable to complete the audit or is unable to form or has not formed
an opinion.
C. For Cause. Except as provided in Section VI.B above, having begun an audit,
Auditor shall have no right to terminate this Agreement prior to completion of the audit, except in
the event of City’s failure to pay Auditor within thirty (30) calendar days of Auditor providing
City with notice of a delinquent payment and an opportunity to cure. In the event of Auditor’s
14
breach or default under this Agreement, City may terminate this Agreement for cause. City shall give
Auditor at least seven (7) calendar days’ written notice of its intent to terminate the Agreement for
cause and the reasons therefor. If Auditor 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 Auditor for the costs of curing the default against any sums due or which become
due to Auditor under this Agreement; and/or (c) pursue any other remedy then available, at law or in
equity, to City for such default.
D. Statutory Termination. 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 at the end of City’s fiscal year (September 30) each year of the Term, and further, that
this Agreement shall automatically renew on the first day of each subsequent City fiscal year
(October 1) of the Term absent City’s provision of written notice of non-renewal to Auditor 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 (to the extent any transfers under this Agreement) shall
remain in Auditor until fully paid for by City. 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.
E. Payment Upon Termination. Upon termination, City shall provide for payment
to Auditor for services rendered and, where authorized, expenses incurred prior to the termination
date; provided that, where this Agreement is terminated by the City for cause, or where this
Agreement is terminated by Auditor under Section VI.B due to no fault of the City, City may
deduct from such payment, and may recover from any paid fees, 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.
F. 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.
G. Requirements Upon Termination. Upon termination, Auditor 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 draft financial
statements and such supporting schedules used in general for the draft financial statements,
whether completed or in process, in the form specified by City.
H. Reservation of Rights and Remedies. The rights and remedies of City and
Auditor provided in this Article are in addition to any other rights and remedies provided under
this Agreement or at law or in equity. Specifically, and without limiting the generality of the
foregoing, City may, with or without terminating this Agreement, bring an action against Auditor
to recover from Auditor all damages, recoverable at law, suffered, incurred or sustained by City as
a result of, by reason of, in connection with, or arising out of Auditor’s default.
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I. 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.
VII. MISCELLANEOUS
A. Entire Agreement. This Agreement, including any exhibits hereto, and the annual
audit engagement letter, 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 Auditor submits to the
jurisdiction and venue of such court.
D. Captions and Severability. All headings herein are intended for convenience and
ease of reference purposes only and in no way define, limit or describe the scope or intent thereof,
or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of
this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of
competent jurisdiction, the offending portion of the Agreement should be severed, and the
remainder of this Agreement shall remain in full force and effect to the extent possible as if this
Agreement had been executed with the invalid portion hereof eliminated, it being the intention of
the Parties that they would have executed the remaining portion of this Agreement without
including any such part, parts, or portions that may for any reason be hereafter declared in valid.
E. RESERVED.
F. Notices.
(1) Communications Relating to Day-to-Day Activities. All
communications relating to the day-to-day activities of the Work shall be
exchanged between City’s Representative (named above) for City and
Auditor’s Representative (named above) for Auditor.
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(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 CITY shall be sent to:
City Manager
City of Milton, Georgia
2006 Heritage Walk
Milton, GA 30004
NOTICE TO CONSULTANT shall be sent to:
Adam Fraley
Mauldin & Jenkins, LLC
200 Galleria Pkwy, Suite 1700
Atlanta, GA 30339
G. Waiver of Agreement. No failure by City to enforce any right or power granted
under this Agreement, or to insist upon strict compliance by Auditor 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 Auditor 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. 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.
I. 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.
J. No Personal Liability. Nothing herein shall be construed as creating any
individual or personal liability on the part of any of City’s elected or appointed officials, officers,
boards, commissions, employees, representatives, consultants, servants, agents, attorneys or
volunteers. No such individual shall be personally liable to Auditor or any successor in interest in
the event of any default or breach by City or for any amount which may become due to Auditor or
17
successor or on any obligation under the terms of this Agreement. Likewise, Auditor’s
performance of services under this Agreement shall not subject Auditor’s individual partners,
employees, officers, or directors to any personal contractual liability, except where Auditor is a
sole proprietor. The Parties agree that, except where Auditor is a sole proprietor, their sole and
exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted
only against Auditor or City, respectively, and not against any elected or appointed official,
officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys
and volunteers.
K. 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. Auditor
represents that it has reviewed and become familiar with this Agreement. In the event of a conflict
in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to
City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or
interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as
opposed to being construed against a Party because it was responsible for drafting one or more
provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words
such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article
is absent from one statement and appears in another is not intended to affect the interpretation of
either statement. Words or terms used as nouns in the Agreement shall be inclusive of their
singular and plural forms, unless the context of their usage clearly requires contrary meaning.
L. Force Majeure. Neither City nor Auditor 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.
M. Material Condition. Each term of this Agreement is material, and Auditor’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.
N. Exhibits. Each and every exhibit referred to or otherwise mentioned in this
Agreement is attached to this Agreement and is and shall be construed to be made a part of this
Agreement by such reference or other mention at each point at which such reference or other
mention occurs, in the same manner and with the same effect as if each exhibit were set forth in
full and at length every time it is referred to or otherwise mentioned.
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O. Defined Terms. Capitalized terms used in this Agreement shall have the meanings
ascribed to them at the point where first defined, irrespective of where their use occurs, with the
same effect as if the definitions of such terms were set forth in full and at length ever y time such
terms are used.
P. Pronouns. Wherever appropriate in this Agreement, personal pronouns shall be
deemed to include the other genders and the singular to include the plural.
IN WITNESS WHEREOF City and Auditor have executed this Agreement, effective as
of the Effective Date first above written.
[SIGNATURES ON FOLLOWING PAGE]
19
CONSULTANT: Mauldin & Jenkins, LLC
Signature: ___________________________________
Print Name: _____________________________
Title: Member/Manager (LLC)
Attest/Witness:
Signature: _______________________________
Print Name: _____________________________
Title: __________________________________
CITY OF MILTON, GEORGIA
________________________________________
By: Joe Lockwood, Mayor
[CIT Y SEAL]
Attest:
Signature: ________________________________
Print Name: ______________________________
Title: City Clerk
Approved as to form:
_______________________________
City Attorney
EXHIBIT “A”
CITY OF MILTON REQUEST FOR PROPOSALS
(THIS IS NOT AN ORDER)
RFP Number:
RFP 19-FI03
RFP Title:
External Audit Services
Due Date and Time:
September 10, 2019
Local Time: 2:00 p.m.
Number of Pages: 68
ISSUING DEPARTMENT INFORMATION
Issue Date: August 22, 2019
City of Milton
Finance Department
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2500
Fax: n/a
Website: www.cityofmiltonga.us
INSTRUCTIONS TO CONSULTANTS
Return Proposal to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Mark Face of Envelope/Package:
RFP Number: RFP 19-FI03
Name of Company or Firm
Special Instructions:
Deadline for Written Questions
August 30, 2019 at 5:00 p.m.
Email questions to Honor Motes at
honor.motes@cityofmiltonga.us
CONSULTANTS MUST COMPLETE THE FOLLOWING
Consultant Name/Address: Authorized Consultant Signatory:
(Please print name and sign in ink)
Consultant Phone Number: Consultant FAX Number:
Consultant Federal I.D. Number: Consultant E-mail Address:
CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
Table of Contents
Topic Page
Invitation to Bid
2 | RFP 19-FI03
TABLE OF CONTENTS
Offeror’s RFP Checklist
Disclosure Form
Proposal Letter
Contractor Affidavit and Agreement (e-Verify)
Schedule of Events
Section 1: Project Overview and Instructions
Section 2: RFP Standard Information
Section 3: Scope of Project
Section 4: Offeror Proposals
Section 5: Cost Proposal
Section 6: Evaluation Criteria
Section 7: Standard Contract Information
Exhibit A
Sample Standard Contract
3 | RFP 19-FI03
OFFEROR’S RFP CHECKLIST
The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton
1._______Read the entire document. Note critical items such as: minimum criteria; supplies/services
required; submittal dates; number of copies required for submittal; funding amount and source;
contract requirements (i.e., contract performance security, insurance requirements, performance
and/or reporting requirements, etc.).
2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is
the only person you are allowed to communicate with regarding the RFP and is an excellent
source of information for any questions you may have.
3._______Attend the pre-qualifications conference if one is offered. These conferences provide an
opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify
the City of any ambiguities, inconsistencies, or errors in the RFP.
4._______Take advantage of the “question and answer” period. Submit your questions to the
procurement officer by the due date listed in the Schedule of Events and view the answers given
in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s
website at http://www.cityofmiltonga.us will include all questions asked and answered concerning
the RFP.
5._______Follow the format required in the RFP when preparing your response. Provide point-by-
point responses to all sections in a clear and concise manner.
6._______ Provide complete answers/descriptions. Read and answer all questions and
requirements. Don’t assume the City or evaluation committee will know what your company
capabilities are or what items/services you can provide, even if you have previously contracted
with the City. The submittals are evaluated based solely on the information and materials provided
in your response.
7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc.
8. _______Check the website for RFP addenda. Before submitting your response, check the City’s
website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so,
you must submit a signed cover sheet for each addendum issued along with your RFP response.
9. _______Review and read the RFP document again to make sure that you have addressed all
requirements. Your original response and the requested copies must be identical and be
complete. The copies are provided to the evaluation committee members and will be used to
score your response.
10. _______Submit your response on time. Note all the dates and times listed in the Schedule of
Events and within the document, and be sure to submit all required items on time. Late submittal
responses are never accepted.
This checklist is provided for assistance only and should not be submitted with Consultant response.
4 | RFP 19-FI03
CITY OF MILTON DISCLOSURE FORM
MUST BE RETURNED WITH PROPOSAL
This form is for disclosure of campaign contributions and family member relations with City
of Milton officials/employees.
Please complete this form and return as part of your RFP package when it is submitted.
Name of Offeror __________________________________________________
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
_______________________________________________________________________
List the dollar amount/value and description of each campaign contribution made over
the past two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value Description
________________ ___________________________________________
________________ ___________________________________________
________________ ___________________________________________
Please list any family member that is currently (or has been employed within the last 12
months) by the City of Milton and your relation:
________________ ___________________________________________
_________________ ___________________________________________
5 | RFP 19-FI03
RFP# 19-FI03
PROPOSAL LETTER
MUST BE RETURNED WITH PROPOSAL
We propose to furnish and deliver any and all of the deliverables, services and fees
named in the Request for Proposal (RFP 19-FI03) City of Milton External Audit Services.
It is understood and agreed that we have read the City’s specifications shown or
referenced in the RFP and that this proposal is made in accordance with the provisions
of such specifications. By our written signature on this proposal, we guarantee and
certify that all items included meet or exceed any and all such City specifications. We
further agree, if awarded a contract, to deliver goods and services which meet or
exceed the specifications. The City reserves the right to reject any or all proposals,
waive technicalities, and informalities, and to make an award in the best interest of the
City.
PROPOSAL SIGNATURE AND CERTIFICATION
I understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of
the proposal and certify that I am authorized to sign for my company. I further certify
that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq.
has not been violated and will not be violated in any respect.
Authorized Signature______________________________Date_______________________
Print/Type Name______________________________________________________________
Print/Type Company Name Here_______________________________________________
6 | RFP 19-FI03
CONTRACTOR AFFIDAVIT AND AGREEMENT
MUST BE RETURNED WITH PROPOSAL
STATE OF GEORGIA
CITY OF MILTON
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -
10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services on behalf of the City of Milt on 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 w ith
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:
_________________________________
e-Verify Number
_________________________________
Date of Authorization
_________________________________
Name of Contractor
External Audit Services
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury
that the foregoing is true and correct.
Executed on ______, ___, 201__ in _____(city),
______(state).
_________________________________
Signature of Authorized Officer or Agent
_________________________________
Printed Name and Title of Authorized Officer
or Agent
SUBSCRIBED AND SWORN BEFORE ME ON
THIS THE ______ DAY OF ______________,201__.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
_________________________________
7 | RFP 19-FI03
SCHEDULE OF EVENTS
Task Date
Issue RFP August 22, 2019
Deadline for Questions August 30, 2019 by 5:00 p.m. EST
Answers Posted by the City
(Addendum) On or about September 5, 2019
Proposals Due By 2:00 p.m. EST on September 10,
2019
Award Contract October 7, 2019 (proposed)
NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR
ADDENDA AND SCHEDULE UPDATES.
8 | RFP 19-FI03
SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS
In accordance with Georgia Law on Local Government Audits, O.C.G.A. § 36-81-
7, the City of Milton (The Client) requires an independent annual audit. The City is
therefore issuing this Request for Proposals to establish a contract for the
professional services of a qualified Certified Public Accountant (the “auditor”) for
financial and compliance audits performed in accordance with generally
accepted auditing standards (GAAS) as set forth by the American Institute of
Certified Public Accountants, and performed in accordance with generally
accepted government auditing standards (GAGAS) issued by the Comptroller
General of the United States. The contract will be for an initial term of three (3)
years with the option for an automatic two (2) years not to exceed five (5) years
total.
1.0 CITY HISTORY
In an overwhelming show of support, 85% of the voters approved the City of Milton
referendum on July 18, 2006 and on December 1, 2006, the City of Milton was
incorporated. Located at the norther-most tip of Fulton County, it occupies a land
area of 39.12 square miles and serves an estimated population of 39,020
according to the City’s Community Profile prepared by Esri.
Policy-making and legislative authority are vested in a governing Council
consisting of the Mayor and six Council members, all selected on a non-partisan
basis. Each serves a four (4) year staggered term, where one-half of the Council
seats are up for election every two (2) years. The Mayor is elected at large, without
regard to specific residence with the City. Council members are elected by district
and serve at large.
The City of Milton operates under a Council-Manager form of government,
whereby the City Manager is appointed by Mayor and Council. The City Manager
has the authority and responsibility to: carry out the policies set forth by the
Council, provide for the effective and efficient delivery of municipal services; and
direct and supervise the administration of all departments.
The City provides a full range of services, including police and fire protection; the
construction and maintenance of streets and other infrastructure; and parks and
recreational programs and activities. Sanitation services are provided through
relationships with private operators. Fulton County provides water and sewer
services to Milton citizens.
The City created a legally separate entity, the Public Building and Facilities
Authority (PBFA), to assist with, among other things, capital funding. Its existence
is to obtain favorable financing and funding for public facilities, land, buildings,
9 | RFP 19-FI03
equipment, roads, bridges, sidewalks and services exclusively for the City of Milton.
The PBFA is governed by a seven-member board of directors consisting of the
mayor and all members of the City Council. Although it is legally separate from
the City, the PBFA is reported as a blended component unit and all of its debt and
assets are reported as a form of the City’s debt and assets.
The City of Milton’s fiscal year is October 1 through September 30. The city
government is organized into nineteen (19) departments. These nineteen (19)
departments are identified as:
Mayor & Council Communications
City Clerk Community Outreach & Engagement
City Manager Court
General Administration Police
Finance Fire
Legal Public Works
Information Services Parks and Recreation
Human Resources Community Development
Risk Management Economic Development
Government Building
1.1 CITY GOVERNMENTAL FUNDS AND DEFINITIONS
The following Governmental Funds are included in the audit entity:
• General Fund – is the City’s primary operating fund. It accounts for all
financial resources of the general government, except those required to
be accounted for in another fund.
• Special Events Fund- is used as a Special Revenue Fund for the purposes of
tracking revenues, expenditures, and fund balances associated with
running the City’s year-long events program. The main funding sources for
this fund are a transfer in from the Hotel/Motel Tax Fund and event
sponsorships made by private entities. Activity within this fund is rolled into
the General Fund for the purposes of financial reports in the
Comprehensive Annual Financial Report (CAFR).
• Economic Development Incentives Bank Fund – intent of this fund was to
set aside money in order to cover storages in revenues in years when
incentives were given to draw businesses to the community. This fund has
not actually been utilized except for an amendment that was zeroed out.
If this fund is eventually utilized on a consistent basis, the funds would be
rolled into the General Fund for the purposes of financial reports in (CAFR).
• Confiscated Assets Fund – is used for monies forfeited by criminals that are
prosecuted for narcotics and vice activity. Both federal and state
10 | RFP 19-FI03
confiscated assets are maintained in this fund.
• E-911 Fund – is used to record funds from wireless and landline phone
collections for the maintenance and operation of an emergency call
answering centers. The City of Milton collects revenues and records them
in this fund. The funds are then disbursed to the City of Alpharetta for
payment in providing the City of Milton with E-911 call center services. The
City of Milton and City of Alpharetta have an intergovernmental
agreement for this service.
• Operating Grant Fund – is used to account for grant monies received from
various sources for the purpose of operating expenditures.
• Hotel/Motel Tax Fund – is used to account for the occupancy tax
collected by the government from area hotels and motels and distributed
based upon state statute.
• Capital Projects Fund (Primary) – is used to account for the capital
expenditures made by the City on long-term projects that are not required
to be accounted for in a separate fund.
• Greenspace Bond Fund – is used to account for the proceeds of the
General Obligations Bonds, Series 2017, issued by the City and the related
capital projects.
• Capital Grant Fund – is used to account for capital expenditures made by
the City on long-term projects utilizing grant proceeds.
• TSPLOST Fund – is used to account for the proceeds of the transportation
special purpose local option sales tax for the various improvement projects
as approved by the voter referendum.
• Impact Fees Fund – is used to account for fees assessed upon
development activity that are used to pay for system improvements as
detailed within the government’s impact fee ordinance and Capital
Improvements Element (CIE).
• Revenue Bond Fund – is used to account for the proceeds and
expenditures related to the issuance of revenue bonds for the purpose of
funding projects faster than is possible under the pay-as-you-go strategy
traditionally utilized by the City.
The City of Milton has one Agency Fund included in the audit entity, the
Municipal Court Fund. This agency fund is used to account for the collection
and disbursement of monies by the City’s Municipal Court on behalf of other
individuals or entities.
The City of Milton has one blended component unit, Public Building and Facilities
Authority (PBFA). This is the only component unit, blended or discretely
presented, that the City of Milton has currently.
11 | RFP 19-FI03
1.2 CITY ACCOUNTING SYSTEM AND RECORDS
The City’s accounting records are maintained through Tyler Incode Financial
Software. Contained in this software is purchasing, budgeting, tax billing, business
license, accounts receivable, and cash receipting. Code enforcement, building
permits, and certificates of occupancy are maintained through Community Core
Meritage Systems (the City is in the process of transitioning to CityView for these
services). Court records including court calendar, fines, fees, and records are
maintained through CourtWare (the City is in the process of transitioning to eCourt
for these services). The City currently maintains all payroll, timekeeping, and HRIS
data with Inova Payroll. Details relating to projects grants and fixed assets are
maintained through Microsoft Excel spreadsheets. The City bills and collects its
own property taxes.
The City’s accounting records are maintained on the accrual or modified accrual
basis, based on fund type, and the City records all payables and receivables at
year-end. The City has basic internal control procedures formally documented in
writing in the City’s Code of Ordinance. In addition, the City adheres to the
measures outlined in its response to the annual internal control questionnaire,
which clearly states procedures.
The City’s operating and special revenue budgets are adopted annually on a
basis consistent with generally accepted accounting principles. All appropriations
in these funds lapse at fiscal year-end. Budgets for all of the capital projects funds
adopt project-length budgets.
The Finance Director is responsible for maintaining the City’s accounting records,
as well as overseeing for the Billing and Procurement functions. The Finance
Director is responsible for audit coordination and will be available as needed to
confer with audit staff, answer questions, and ensure that necessary information is
provided to the auditor on a timely basis.
There are no known significant problems related to the Accounting System or
Internal Controls. The City of Milton received an unqualified audit result for the
audit of fiscal year 2018. The City’s last single audit was in 2015. There was one
major program for that fiscal year; U.S. Department of Transportation. The City
does not anticipate a Single Audit for FY 2019. However, the City plans to expand
its grant program and will begin to apply, in earnest, for available grant
opportunities. Therefore, the City does anticipate the possibility of having Single
Audit needs in the future.
The City had a restatement for fiscal year ending September 30, 2017 for a change
in accounting principle for current year property tax revenue recognition. No
future restatements are anticipated at this time. The City had between 2 to 4
12 | RFP 19-FI03
journal entries done during the audit fieldwork since 2015. Typically, a majority of
the audit journal entries are prepared by the City. Typical hours spent on the
engagement in FY 2018 was 8 hours a day for 8 business days, with 1-2 auditors on
site during this time. There have been no instances of noncompliance with grant
agreements. There have been no instances of fraud related to financial reporting
or misappropriation of assets. No portion of the accounting function is
decentralized. The purchasing function is decentralized with Finance staff playing
a role to aid the end user departments in the process.
The City utilizes the GMEBS plan for its defined benefit pension plan and they
provide the actuary report in a timely fashion.
We understand that requests for financial statements to an auditing firm can be
considered unusual, however the City requires proof of financial stability.
Cost of bond issue will be addressed at the time of the bond issue. The City will
provide prior 2 years of management letters. Supporting work papers and
schedules will be available in electronic format.
Payroll is handled by a third-party vendor. This vendor pays the employees directly
and makes drafts for the net distribution, taxes due, and garnishment payments
out of their account and drafts the City’s account for payment. The third-party
firm prepares tax forms and W-2s. The City is responsible for ensuring accuracy of
their work and data in the system.
The City has various assets, mainly infrastructure, that were donated from Fulton
County as part of the split into a new city in FY07. The City and CH2M Hill
contracted with IMS, Inc. to determine a reasonable estimate for the entire
amount of infrastructure which was donated by the County. IMS used various tools
for measuring the assets and assumptions as to the specifications of the assets. IMS
was primarily used for the inventorying of infrastructure assets and the City used
the Valuation Advisory Group for the valuation of those assets. The Public Works
Department has performed additional inventories of existing City infrastructure
and are in the process of creating a city-wide database of current capital assets
in their asset management software: HiperWeb.
The City will handle continuing disclosure on debt, debt covenants, and performs
in-house testing of debt covenants.
1.3 CITY STAFF’S AUDIT PARTICIPATION
In terms of performing the audit, the auditor's principal day-to-day contact with
the City will be the Finance Director who will coordinate City staff’s assistance to
13 | RFP 19-FI03
be provided to the auditor. The City of Milton does not have an audit
committee.
Following the format provided by the auditors, City staff will prepare confirmation
letters to banks, paying agents, and grantors. City staff will prepare supporting
detail schedules for General Ledger account balances. Staff will prepare
reconciliations of Due To and Due From accounts and Inter-fund
Transfer accounts among funds. City staff will pull and re-file any requested
documents, including journal entries and accounts payable vouchers.
Adequate audit workspace will be provided in close proximity to accounting
records. The auditors will have access to the City’s financial software, document
storage software, copier, telephone, and facsimile equipment. The auditors will
be provided with copies of Tyler Incode reports, including Fund Trial Balances,
Detailed General Ledger, and other reports as requested. Prior year audit reports
and working papers, as well as management letters will be made available upon
request.
1.4 SINGLE POINT OF CONTACT
From the date this Request for Proposals (RFP) is issued until a vendor is
selected, offerors are not allowed to communicate with any City staff or elected
officials regarding this procurement, except at the direction of Honor Motes,
Procurement Manager. Any unauthorized contact may disqualify the offeror from
further consideration. Contact information for the single point of contact is as
follows:
Procurement Office: Honor Motes
Address: 2006 Heritage Walk, Milton, GA 30004
Telephone Number: 678-242-2507
E-mail Address: honor.motes@cityofmiltonga.us
1.5 REQUIRED REVIEW
A. Review RFP.
Offerors should carefully review the instructions; minimum criteria,
specifications, standard terms and conditions, and standard contract
set out in this RFP and promptly notify the Single Point of Contact
identified above via e -mail of any ambiguity, inconsistency, unduly
restrictive specifications, or error which they discover upon
examination of this RFP.
B. Form of Questions.
14 | RFP 19-FI03
Offerors with questions or requiring clarification or interpretation of any
section within this RFP must submit their questions in writing via email to
the Single Point of Contact referenced above on or before 5 PM (EST)
on August 30, 2019. Each question must provide clear reference to the
section, page, and item in question. Questions received after
the deadline may not be considered.
C. City’s Answers.
The City will provide an official written answer to all questions on or
about September 5, 2019. The City's response will be by formal written
addendum. Any other form of interpretation, correction, or change to
this RFP will not be binding upon the City. Any formal written addendum
will be posted alongside the posting of the RFP at
http://www.cityofmiltonga.us . Offerors must sign and return any
addendum with their RFP response.
D. Standard Contract.
By submitting a response to this RFP, Offeror agrees to acceptance of
the City’s standard contract. Much of the language included in the
standard contract reflects requirements of state law. Requests for
exceptions to the standard contract terms, or any ad ded provisions
must be submitted to the procurement office refere nced above by
the date for receipt of written/e -mailed questions or with the Offeror’s
RFP response and must be accompanied by an explanation of why
the exception is being taken and what specific effect it will have on
the Offeror’s ability to respond to the RFP or perform the contract.
The City reserves the right to address non -material, minor,
insubstantial requests for exceptions with the highest scoring Offeror
during contract negotiation. Any material, substantive, important
exceptions requested and granted to the standard terms and
conditions and standard contract language will be addressed in any
formal written addendum issued for this RFP and will apply to all
Offerors submitting a response to this RFP.
E. Minimum Criteria.
To be eligible for consideration, an Offeror must meet the intent of all
minimum criteria. The City will determine whether an Offeror’s RFP
response complies with the intent of the requirements. RFP responses
that do not meet the full intent of all requirements listed in this RFP may
be subject to point reductions during the evaluation process or may be
deemed non-responsive.
1.6 Reserved
15 | RFP 19-FI03
1.7 SUBMITTING PROPOSALS
Offerors must organize their proposal into sections that follow the following format.
This RFP is for one proposal that includes all potential phases of this project.
A. Submittal Requirements.
Proposals shall include the following:
1. City of Milton request for proposal cover page (information entered
and signed: first page of this document)
2. City of Milton Disclosure form (signed)
3. City of Milton Proposal letter (information entered)
4. Contractor Affidavit and Agreement (e-Verify)
5. Technical Proposal:
a. Minimum of 11-point font
b. Stapled or spiral-bound. No binders
c. Responses to questions under Scope of Services (Section 3)
1. Maximum Page number: 30 single-sided or 15 double-
sided excluding samples, requested financial statements,
and completed questionnaire (Appendix A).
Additionally, cover page(s), table of contents, tabs, and
required forms do not count toward the page limit
6. Applicable Addenda Acknowledgement Forms (if necessary)
Offerors must organize their proposal into sections that follow the format of
Section 1.7 and Section 5.0.
B. Failure to Comply with Instructions.
Offerors failing to comply with these instructions may be subject to
point deductions. The City may also choose to not evaluate, may
deem non-responsive, and/or may disqualify from further
consideration any qualifications that do not follow this RFP format,
are difficult to understand, are difficult to read, or are missing any
requested information.
C. Copies Required and Deadline for Receipt of Proposals.
One original and three (3) copies of each submittal (plus a CD or flash
drive) should be provided to the City. Proposals must be received at
the Finance department in City Hall prior to 2:00 PM, local time,
September 10, 2019. Emailed responses to requests for proposals are
not acceptable. Proposals will be opened at approximately 2:05 p.m.
and names of Offerors will be announced.
16 | RFP 19-FI03
*Important to remember when submitting digital files:
1. Mark all CD’s or Flash Drives with Offeror’s name and RFP number and
title.
2. All digital files must be in either (unless otherwise specified within
this document):
a. Microsoft Office file format or
b. Portable Document Format (PDF).
3. Use caution in creating the electronic files. If the City is unable to
open files due to data-corruption, password or encryption error,
etc., the Offeror’s proposal may be considered incomplete.
4. NOTE: All digital copies must include exactly the same information
as provided in the hard copy “Original”.
D. Late Proposals.
Regardless of cause, late proposals will not be accepted and will
automatically be disqualified from further consideration. It shall be the
Offeror’s sole risk to assure delivery to the receptionist's desk at the
designated office by the designated time. Late proposals will not
be opened and may be returned to the Offeror at the expense of the
Offeror or destroyed if requested.
1.9 OFFEROR'S CERTIFICATION
A. Understanding of Specifications and Requirements.
By submitting a response to this RFP, Offeror agrees to an
understanding of and compliance with the specifications and
requirements described in this RFP.
1.9 COST OF PREPARING PROPOSALS
A. City Not Responsible for Preparation Costs.
The costs for developing and delivering responses to this RFP and any
subsequent presentations of the proposal as requested by the City are
entirely the responsibility of the Offeror. The City is not liable for any
expense incurred by the Offeror in the preparation and presentation of
their proposals.
B. All Timely Submitted Materials Become City Property.
All materials submitted in response to this RFP become the property of
the City of Milton and are to be appended to any formal
documentation, which would further define or expand any
contractual relationship between the City and Offeror resulting from
this RFP process.
17 | RFP 19-FI03
SECTION 2: RFP STANDARD INFORMATION
2.0 AUTHORITY
This RFP is issued under the authority of the City of Milton. The RFP process is a
procurement option allowing the award to be based on stated evaluation criteria.
The RFP states the relative importance of all evaluation criteria. No other
evaluation criteria, other than as outlined in the RFP, will be used.
2.1 OFFEROR COMPETITION
The City encourages free and open competition among Offerors. Whenever
possible, the City will design specifications, proposal requests, and conditions to
accomplish this objective, consistent with the necessity to satisfy the City’s
need to procure technically sound, cost-effective services and supplies.
2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION
A. Public Information.
All information received in response to this RFP, including copyrighted
material, is deemed public inform ation and will be made available for
public viewing and copying after the time for receipt of qualifications
has passed, and the award has been made, with the following four
exceptions: (1) bona fide trade secrets meeting confidentiality
requirements that have been properly marked, separated, and
documented; (2) matters involving individual safety as determined by
the City of Milton; (3) any company financial information requested by
the City of Milton to determine vendor responsibility, unless prior
written consent has been given by the Offeror; and (4) other
constitutional protections.
B. Procurement Officer Review of Proposals.
Upon opening the submittals received in response to this RFP, the
procurement office will review the proposals and separate out any
information that meets the referenced exceptions in Section 2.2(A)
above, providing the following conditions have been met:
1. Confidential information is clearly marked and separated from the
rest of the submittal.
2. An affidavit from an Offeror’s legal counsel attesting to and
explaining the validity of the trade secret claim is attached to
each submittal containing trade secrets . Please contact Honor
Motes, Procurement Manager, for additional information.
Information separated out under this process will be available for
review only by the procurement office, the evaluation committee
members, and limited other designees. Offerors must be prepared to
pay all legal costs and fees associated with defending a claim for
18 | RFP 19-FI03
confidentiality in the event of a “right to know” (open records) request
from another party.
2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS
A. Initial Classification of Proposals as Responsive or Nonresponsive.
Proposals may be found nonresponsive at any time during the
evaluation process or contract negotiation, if any of the required
information is not provided; the submitted price is found to be
excessive or inadequate as measured by criteria stated in the RFP; or
the qualification is not within the specifications described and required
in the RFP. If a qualification is found to be nonresponsive, it will not be
considered further.
B. Determination of Responsibility.
The procurement office will determine if an Offeror has met the
standards of responsibility. Such a determination may be made at
any time during the evaluation process and through contract
negotiation if information surfaces that would result in a determination
of nonresponsive.
C. Evaluation of Proposals.
The evaluation committee will evaluate the remaining proposals and
recommend whether to award the contract to the highest scoring
Offeror or, if necessary, to seek discussion/negotiation in order to
determine the highest scoring Offeror. The selection process used for
determining the most favorable proposal will review pricing, o r net
cost, which is one of the of the most important criteria but not the
only criteria. Other factors in the evaluation process include the
qualifications of the relationship team , past performance, approach,
expertise, availability and financial stabil ity. All responsive proposals
will be evaluated based on stated evaluation criteria. In scoring
against stated criteria, the City may consider such factors as
accepted industry standards and a comparative evaluation of all
other qualified RFP responses. These scores will be used to determine
the most advantageous offering to the City.
D. Completeness of Proposals.
Selection and award will be based on the Offeror’s proposal and other
items outlined in this RFP. Submitted responses may not include
references to information located elsewhere, such as Internet websites
or libraries, unless specifically requested. Information or materials
presented by Offerors outside the formal response or subsequent
discussion/negotiation, if requested, will not be considered, will have
no bearing on any award, and may result in the Offeror being
19 | RFP 19-FI03
disqualified from further consideration.
E. Opportunity for Discussion/Negotiation and/or Oral
Presentation/Product Demonstration.
After receipt of all proposals and prior to the deter mination of the
award, the City may initiate discussions with one or more Offerors
should clarification or negotiation be necessary. Offerors may also be
required to make an oral presentation and/or product
demonstration to clarify their RFP response or to further define their
offer. In either case, Offerors should be prepared to send qualified
personnel to Milton, Georgia to discuss technical and contractual
aspects of the submittal. Oral presentations and product
demonstrations, if requested, shall be at the Offeror’s expense.
F. Evaluation Committee Recommendation for Contract Award.
The evaluation committee will provide a written recommendation for
contract award.
G. Request for Documents Notice.
Upon concurrence with the evaluation committee’s recommendation
for contract award, the procurement officer may issue a “Request for
Documents Notice” to the highest scoring Offeror to obtain the
required insurance documents, contract performance security, and
any other necessary documents. Receipt of the “Request for
Documents Notice” does not constitute a contract and no work may
begin until a contract signed by all parties is in place.
H. Contract Negotiation.
The procurement officer and/or city department representatives may
begin contract negotiation with the responsive and responsible Offeror
whose submittal achieves the highest score and is, therefore, the most
advantageous to the City. If contract negotiation is unsuccessful or the
highest scoring Offeror fails to provide necessary documents or
information in a timely manner, or fails to negotiate in good faith, the
City may terminate negotiations and begin negotiations with the next
highest scoring Offeror.
I. Contract Award.
Contract award, if any, will be made to the highest scoring
Offeror who provides all required documents and successfully
completes contract negotiation.
20 | RFP 19-FI03
2.4 RIGHTS RESERVED
While the City has every intention to award a contract as a result of this RFP,
issuance of the RFP in no way constitutes a commitment by the City of Milton to
award and execute a contract. Upon a determination such actions would be
in its best interest, the City, in its sole discretion, reserves the right to:
1. Modify, cancel or terminate this RFP,
2. Reject any or all proposals received in response to this RFP,
3. Select a Vendor without holding interviews,
4. Waive any undesirable, inconsequential, or inconsistent provisions of this
RFP which would not have significant impact on any submittal,
5. To request further documentation or information, and to discuss a RFP
submittal for any purpose in order to answer questions or to provide
clarification,
6. Award a portion of this RFP or not award any portion of this RFP if it is in the
best interest of the City not to proceed with contract execution; or
7. If awarded, terminate any contract in accordance with the terms and
conditions of the contract if the City determines adequate funds are not
available.
SECTION 3: SCOPE OF PROJECT
3.0 BACKGROUND
Proposals are requested for an examination and expression of opinion on the fair
presentation of the basic financial statements in conformity with generally accepted
accounting principles (GAAP). The examination must be performed in accordance
with generally accepted auditing standards (GAAS) as set forth by the American
Institute of Certified Public Accountants, and in accordance with Government
Auditing Standards issued by the Comptroller General of the United States.
If a Single Audit is required as part of the annual audit, the audit shall also be
performed in accordance with the Single Audit Act of 1984, the Single Audit
Amendments of 1996, the 2 CFR 200, Office of Management and Budget (OMB)
Circular A-133, Audits of State and Local Governments, and Non-Profit Organizations
and any other requirements that are specifically pertinent and mandated.
The audit must also meet the requirements of the applicable laws of the State of
Georgia. The auditor will audit the financial statements of the governmental
activities, any business –type activities, any discretely presented component unit,
each major fund, and the aggregate remaining fund information and the respective
changes in financial position and, where applicable, cash flows, thereof [and the
respective budgetary comparison for each governmental fund] in conformity with
the Governmental Accounting Standards Board as mandated by generally
accepted auditing standards.
21 | RFP 19-FI03
In addition, to determine whether the combining and individual non-major fund
financial statements are fairly stated in all material aspects in relation to the basic
financial statements taken as a whole.
The following Required Supplementary Information (RSI) will be subjected to certain
limited procedures but will not be audited:
• Management’s Discussion and Analysis (MD&A).
• Schedule of Funding Progress – Retirement Plan.
• Statistical Section.
• Budgetary comparisons for the General Fund.
Supplementary information other than RSI also accompanies the basic financial
statements. The following supplementary information will be subjected to the
auditing procedures applied in the audit of the basic financial statements and the
auditor will provide an opinion on it in relation to the basic financial statements:
• Schedule of expenditures of federal awards.
• Combining and individual fund statements.
The following additional information accompanying the basic financial statements
will not be subjected to the auditing procedures applied in the audit of the basic
financial statements, and no opinion will be expressed on them:
• Introductory section.
• Statistical section.
In addition, the auditor is required to examine management’s assertion that the
information presented in the Annual Report of 9-1-1 Collections and Expenditures is
accurate and correct and that 9-1-1 Funds were expended in compliance with the
expenditure requirements specified in the Official Code of Georgia Annotated
(OCGA), Section 46-5-134, in accordance with attestation standards established by
the American Institute of Certified Public Accountants.
Firm must have an office within the State of Georgia, be an independent auditor
properly licensed for public practice, meet the independence standards of the
Government Auditing Standards as stated by the U.S. General Accounting Office
and not have a record of substandard work.
3.1 PREPARATION OF FINANCIAL STATEMENTS
The City intends to issue annually a Comprehensive Annual Financial Report (CAFR)
prepared in accordance with generally accepted government accounting
principles and all applicable federal and state requirements. It will submit each CAFR
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to the Government Finance Officers Association (GFOA) Certificate for
Achievement for Excellence in Financial Reporting Program and expects to receive
the award each year. It is not expected that any future component units will submit
their financial statements to the GFOA for a certificate.
City Finance Department staff will provide adjusted trial balances for all funds. The
auditors will format the information into a working trial balance based on
management’s chart of accounts to prepare the trial balance for use during the
audit.
The auditors will prepare the draft financial statements, schedule of expenditures of
federal awards, and related notes. Management will be responsible for making all
management decisions and performing all management functions related to the
financial statements, schedule of expenditures of federal awards, and related notes,
and will approve and accept responsibility for them prior to their issuance.
City Finance Department staff will prepare the Introductory Section and
Management Discussion and Analysis of the report and provide the statistical
information for the preparation of the Statistical Section of the report for inclusion in
the CAFR.
Throughout the contract period the auditor shall advise the City on implementation
of new accounting standards as promulgated by authoritative bodies. The auditor
shall also give advice to the City on specialized accounting questions that may arise.
The City acknowledges its responsibility for the reliability, accuracy, and
completeness of all financial preparations.
The preparation of financial statements for any future component units would be
similar as to what is required by the City of Milton.
3.2 REQUIRED AUDIT REPORTS
The City will require the following reports for each year of the audit contract:
A. A report on the fair presentation of the basic financial statements in the
CAFR.
B. A report on the Schedule of Federal Financial Assistance, and all reports
on compliance and internal control necessary to meet the Single Audit
Act Amendments of 1996, 2 CFR 200 and OMB Circular A-133. A report on
State Statutory Grants, if applicable.
C. A report on compliance and on internal controls over financial reporting
based on an audit of financial statements performed in accordance with
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government auditing standards.
An Audit Progress Report to be made each week to the City’s Finance Director by
the audit manager or senior. The report will update the City on areas covered during
the week, findings in those areas, recommendations for improvements, and open
items needed to complete the audit.
Recommendations for improving the City’s accounting procedures, internal
accounting controls, and related areas should be developed by the auditor during
the course of the examination. Areas in need of improvement should be
communicated verbally during the weekly meetings described above. In
conjunction with the issuance of the CAFR and audit report, the findings and
recommendations for improvement should be summarized in a draft report
(Management Letter). The draft is to be delivered to the Finance Director for review
and a work plan will be prepared to address the recommendations.
Following the review, the auditors may be required to participate in a conference
with the Finance Director to discuss the management letter and the work plan drafts.
Also, the auditors may be required to present the management letter to the City
Council in a regularly scheduled meeting or work session.
3.3 REQUIRED AUDIT TIME SCHEDULE
Please note that work under this proposed contract will be effective for Fiscal Year
Ending September 30, 2019.
Milton’s fiscal year runs from October 1 through September 30. For each fiscal
year the audit is to be scheduled so that the CAFR is issued prior to March 31, with
goal date being March 20. All Funds will be closed and ready for audit by the
mid-January of each year, with an adjusted trial balance available at that time.
The City is flexible with the audit calendar as long as the CAFR is issued prior to
March 31. The City expects any preliminary audit procedures to be scheduled in
the audit calendar.
Following the signing of the audit contract, a pre-audit conference will be held
by the selected firm and the City finance staff. At this time a tentative detailed
schedule for the FY 2019 audit will be developed. A similar conference will be held
each year of the contract. The City reserves the right to specify the order in which
Funds are to be audited each year. Proposed bond issues or other events may
require that a particular Fund be given priority.
In April of each year the audit firm must provide the City with an estimated
breakdown by service of audit costs for the following fiscal year, for budgetary
purposes.
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When the audit is billed, the actual breakdown by service must be provided. Audit
costs shall be billed after service is provided and will be paid within 30 days of
receipt of invoice. Audit working papers are to be retained for at least five years
and are to be made available for examination by authorized
representatives of the City of Milton and other governmental agencies. Working
papers are also to be available for review by successor auditors, and the audit
firm shall respond to reasonable inquiries from a successor firm.
The selected auditing firm shall prepare draft financial statements, notes and all
required supplementary schedules, except for the transmittal letter, Management
Discussion & Analysis, and statistical data within a reasonable timeframe to ensure
CAFR is issued by March 31. The Finance Director shall reserve the right to provide
recommendations, revisions and suggestions for improvement to the reports to
the selected auditing firm. The City will provide a draft of the Management
Discussion & Analysis to selected auditing firm for auditor’s review by date
identified in mutually agreed upon audit calendar. The revised report, in its
entirety, along with reviewed Management Discussion & Analysis, shall be
delivered to the City by date specified in the audit calendar.
The City will complete the review of the City’s final draft report as expeditiously as
possible. It is not expected that this process should exceed one week. During
that period, the auditor should be available for any meetings that may be
necessary to discuss the audit reports and shall provide any additional work paper
support for any financial statements in the report, which will include
government-wide conversion worksheets. The City will provide reviewed report
to auditor on all issues for discussions that have been resolved. The final signed
report shall be delivered to the City of Milton within five working days. It is
anticipated that this process will be completed, and the final report delivered to
the City with a goal date of March 20.
The City’s final report will be del ivered to the Finance Director. The last review
and approval of the final CAFR is expected to be completed in 24 hours of
receipt. The City of Milton does not produce a bound copy of the CAFR. The
City’s CAFR is 100% electronic, no binding or printing.
The City of Milton will submit required reports to the State of Georgia, TED House
Bill 122 Carl Vinson Institute of Government and to the Government Finance
Officers Association for the Certificate of Achievement for Excellence in Financial
Reporting program.
The City of Milton will also prepare and submit all Continuing Disclosure
requirements for any bond issues requiring such disclosure.
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Should the City of Milton at any time in the future have a component unit, the
audit time schedule for component unit(s) should be developed with the goal to
submit required tax reports in a timely matter.
Additional information about the City’s accounting policies is contained in the
Notes to Financial Statements in the CAFR.
3. 4 AUDIT OBJECTIVES
The audits shall be designed to accomplish the following objectives:
A. To determine whether the general purpose financial statements present
fairly, in all material respects, the financial position of the governmental
activities, any future business-type activities, the blended component unit,
each major fund, and the aggregate remaining fund information, and the
changes in financial position and, where applicable, cash flows, and the
respective budgetary comparison for all major governmental funds
involved, in conformity with generally accepted accounting principles
generally accepted in the United States of America.
B. To determine whether the combining and individual nonmajor fund
financial statements and the schedule of federal awards (if applicable)
are fairly stated in all material respects in relation to the basic financial
statements taken as a whole.
C. To obtain an understanding of internal control over financial reporting
sufficient to plan the audit by performing procedures to understand both
the design of controls relevant to an audit of financial statements and
whether they have been placed in operation and assess control risk. The
understanding should be sufficient to assess material misstatement of
financial statements whether due to error or fraud, and to design the
nature, timing, and extent of further audit procedures. In acquiring an
understanding of and assessing internal control, the auditor should
consider computer controls as well as the controls over manual portions of
the system.
D. To plan and perform the audit to obtain reasonable assurance that the
financial statements, including note disclosures, are free of material
misstatements, whether caused by error or fraud, and material
misstatements arising from illegal acts that have a direct and material
effect on the determination of financial statement amounts. U.S. Auditing
Standards – AICPA AU-c Section 250 paragraph .13 requires the auditor to
consider laws and regulations that are generally recognized by auditors to
have a direct and material effect on the determination of financial
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statement amounts. The auditor’s responsibility to detect and report
misstatements resulting from illegal acts having a direct and material
effect on the determination of financial statement amounts is the same as
that for misstatements caused by error or fraud. In addition, the auditor
should be aware of the possibility that illegal acts that may, in particular
circumstances, be regarded as having material but indirect effects on
financial statements may have occurred. If specific information comes to
the auditor’s attention that provides evidence concerning the existence
of possible illegal acts that could have a material indirect effect on the
financial statements, the auditor should apply audit procedures
specifically directed to ascertaining whether an illegal act has occurred.
E. To provide reasonable assurance of detecting material misstatements
resulting from violations of provisions of contracts or grant agreements that
have a direct and material effect on the determination of financial
statement amounts or other financial data significant to audit objectives. If
specific information comes to the auditors’ attention that provides
evidence concerning the existence of possible violations of provisions of
contracts or grant agreements that could have a material indirect effect
on the financial statement amounts or other financial data significant to
the audit objectives, auditors should apply audit procedures specifically
directed to ascertaining whether violations of provisions of contracts or
grant agreements have occurred or are likely to have occurred. In
addition, auditors should be alert to situations or transactions that could
be indicative of abuse, and if indications of abuse exist that could
significantly affect the financial statement amounts or other financial
data, auditors should apply audit procedures specifically directed to
ascertain whether abuse has occurred and the effect on the financial
statement amounts or other financial data.
F. To consider the results of previous audits and attestation engagements
and follow up on known significant findings and recommendations that
directly relate to the objectives of the audit being undertaken.
G. To ensure that audit documentation related to planning, conducting,
and reporting on the audit contains sufficient information to enable an
experienced auditor who has had no previous connection with the audit
to ascertain that sufficient evidence supporting the auditors’ significant
judgments and conclusions was examined. The audit documentation
should contain support for findings, conclusions, and recommendations
before auditors issue their report.
H. To determine whether the government entity complied with laws,
regulations, and the provisions of contracts or grant agreements
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pertaining to federal awards that have a direct and material effect on
each major program. With regard to internal control over compliance, the
auditor is required to do the following (in addition to the requirements of
Government Auditing Standards): (1) perform procedures to obtain an
understanding of internal control over federal programs that is sufficient to
plan the audit to support a low assessed level of control risk for major
programs, (2) plan the testing of internal control over major programs to
support a low assessed level of control risk for the assertions relevant to the
compliance requirements for each major program, and (3) perform tests
of internal control (unless the internal control is likely to be ineffective in
preventing or detecting noncompliance).
I. To verify and test expenditures of the government’s Special Purpose Local
Option Sales Tax proceeds. In accordance with O.C.G.A. 48-8-121, a
schedule shall be included in each annual audit which shows for each
project in the resolution or ordinance calling for imposition of the Special
Purpose Local Option Sales Tax the original estimated cost, the current
estimated cost if it is not the original estimated cost, amounts expended in
prior years, and amounts expended in the current year. The Auditor shall
verify and test expenditures sufficient to provide assurance that the
schedule is fairly presented in relation to the financial statements. The
Auditor’s report on the financial statements shall include an opinion, or
disclaimer of opinion, as to whether the schedule is presented fairly in all
material respects in relation to the financial statements taken as a whole.
J. To certify that funds were expended in compliance with the expenditure
requirements of the Official Code of Georgia Annotated, Section 46-5-134
for governments collecting and expending any 9-1-1 charges or wireless
enhanced 9-1-1 charges. This Code section required that an annual
report of collections and expenditures be prepared and certified by the
recipient local government.
3.5 DETAILED SERVICES REQUIRED: REPORTING REQUIREMENTS
A. The auditor will prepare the required audit reports including those required
by Government Auditing Standards and Office of Management and
Budget Circular A-133, the 2 CFR 200, and the Official Code of Georgia
Annotated at the completion of the audit.
B. Independent Auditors Report on the examination of the financial
statements for government entity and any future component units if so
created. Reference should be made that the audit was conducted in
accordance with generally accepted government auditing standards.
Auditors should include in their report on the financial statements either (1)
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description of the scope of the auditors’ testing of internal control over
financial reports and compliance with laws, regulations and provisions of
contracts or grant agreements and the results of those tests or (2)
reference to the separate report(s) containing this information and state
that the separate report is an integral part of the audit and should be
considered in assessing the results of the audit.
C. Reference: Audit in Accordance with Government Auditing Standards
Report on Compliance and on Internal Control Over Financial Reporting
Based on an Audit of Financial Statements Performed in Accordance with
Government Auditing Standards. The report should describe the scope of
the auditor’s testing of compliance with laws and regulations and present
the results of those tests. The report should also describe the scope of the
auditor’s testing of internal control and present the results of those tests.
Also, separate identification and written communication of all reportable
conditions, including those reportable conditions that are individually or
cumulatively material weaknesses, is required.
D. Reference: Report on Internal Controls for Audit in Accordance with
Generally Accepted Auditing Standards. Communicate in writing to
management all significant deficiencies and material weaknesses
identified during the audit. Communication should clearly distinguish
between those matters considered significant deficiencies and those
considered material weaknesses.
E. Single Audit: Reference Audit in Accordance with Government Auditing
Standards. Report on Compliance with Requirements Applicable to Each
Major Program and on Internal Control Over Compliance in Accordance
with OMB Circular A-133 and the 2 CFR 200. The report should reflect
Auditor’s opinion on whether the government entity complied with laws,
regulations, and with the provisions of contracts or grant agreements
which could have a direct and material effect on each major program
and, where applicable, refer to a separate schedule of findings and
questioned costs. The report on internal control over major programs
should describe the scope of testing internal control and the results of the
tests, and, where applicable, refer to a separate schedule of findings and
questioned costs.
F. Single Audit (if applicable): In accordance with OMB Circular A-133 and 2
CFR 200, the auditor’s report(s) may be in the form of either combined or
separate reports. The auditor’s report(s) shall include an opinion as to
whether the financial statements are presented fairly in all material
respects in conformity with generally accepted accounting principles and
an opinion as to whether the schedule of expenditures of federal awards
29 | RFP 19-FI03
is presented fairly in all material respects in relation to the financial
statements taken as a whole.
G. If applicable; Report on Grants to Municipalities program, as defined in
the Official Code of Georgia Annotated, § 36-40-40 and 36-40-20.
H. The City of Milton will send its comprehensive annual financial report to the
Government Finance Officers Association of the United States and
Canada for review in its Certificate of Achievement for Excellence in
Financial Reporting program. The auditor must possess a certain level of
knowledge and experience in order to assist governments in achieving this
reporting milestone. The City has received the Certificate of achievement
for each of the previous 10 years.
I. A written Management Letter containing matters not included in the
auditor’s report on compliance and on internal control over financial
reporting shall be prepared and presented to the government entity’s
Director at the conclusion of each audit. This letter shall address all
exceptions in accounting practices, immaterial instances of
Noncompliance with laws and regulations, and deficiencies in the internal
control that are not reportable conditions as defined in American Institute
of Certified Public Accountants Codification of Statements on Auditing
Standards, § AU 325. Such immaterial instances of noncompliance and
deficiencies in internal control that are not reportable conditions should be
referred to in the report on compliance and on internal control over
financial reporting (see Government Auditing Standards, paragraphs (5.16
and 5.20). It is important to note that all audit findings required to be
reported under OMB Circular A-133 must be included in the schedule of
findings and questioned costs; a separate letter may not be used to
communicate such matters to top management in lieu of reporting them
as audit findings in accordance with OMB Circular A-133 and 2 CFR 200.
The auditor must offer recommendations for appropriate corrective action
for each item contained in the management letter.
J. Any other reports required shall be submitted to the government entity.
3.6 OTHER AUDIT PROVISIONS
The City may, at any time during the contract period, make changes within the
general scope of the contract and its technical provisions. If such change causes
any increase or decrease in the audit firm’s cost of performance, an adjustment will
be made in contract price, or in time allowed for performance, or both, and a
written memorandum of such adjustment shall be made. Any claim by the firm for
such an adjustment must be made in writing and prior to proceeding with the service
for which an adjustment is requested. Nothing in this clause shall excuse the firm from
30 | RFP 19-FI03
proceeding with performance of this contract in accordance with its original terms
and conditions and any approved changes.
The City of Milton Finance Department is constantly seeking better and more
efficient ways of implementing its policies and procedures. We are continually
seeking ways to improve, and it is important that Milton’s audit firm be prepared to
actively participate in the improvement process. The City welcomes constructive
suggestions, both during the audit and in the management letter.
The City of Milton currently anticipates it may prepare one or more official statements
in connection with the sale of debt securities which contain the general-purpose
financial statements and auditor’s report thereon. The auditor shall be required, if
requested by the fiscal advisor and/or the underwriter, to issue a “consent and
citation of expertise” as the auditor and may necessary “comfort
letters”.
The City of Milton will require the auditors to provide information relating to regulation
changes that would affect the City and its operations, such as changes proposed
by GASB, FASB, AICPA or GAO.
The City of Milton will request the auditor’s overall evaluation of the efficiency and
adequacy of accounting procedures, assistance with the implementation of any
new GASB statements and educational/training to staff on an as needed basis.
The City will request the accounting firm to grant permission to use the Auditor’s
Opinion in the Official Statement of any future bond issues. In addition, the auditor
shall be required, if requested by the City, fiscal advisor and/or underwriter, to issue
a “consent and citation of expertise” as the auditor and any necessary “comfort
letters”. The City may request assistance in preparing official statements or other
documents or disclosure related to sales of debt instruments for any future bond
issues.
At the conclusion of the engagement, the auditors will complete the appropriate
sections of the Data Collection Form that summarizes the audit findings and will
coordinate with Finance staff the electronic submission and certification.
The City may request the auditor’s presence at the Mayor and Council presentation
of the fiscal year financial information as presented in the City’s Comprehensive
Annual Financial Report.
Specific timelines must be satisfied in order to meet required reporting dates
established by State Statute and the Government Finance Officers Association
certificate program. Auditors must be prepared to schedule sufficient time in order
to assist client in meeting these specific timelines.
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All working papers and reports must be retained, at the auditor’s expense, for a
minimum of five (5) years, unless the firm is notified in writing by the City of the need
to extend the retention period. The auditor will be required to make working papers
available, and any other necessary documents upon request by the City. In
addition, the firm shall respond to the reasonable inquires of successor auditors and
allow successor auditors to review working papers relating to matters on continuing
accounting significance.
A preliminary draft of all reports shall be submitted to the government entity prior to
their release. The government entity will review and approve the release of all draft
reports.
Additional information about the City’s accounting policies is contained in the Notes
to Financial Statements in the CAFR.
SECTION 4: OFFEROR PROPOSALS
4.0 CITY’S RIGHT TO INVESTIGATE
The City may make such investigations as deemed necessary to determine
the ability of the Offeror to provide the supplies and/or perform the services
specified.
4.1 VENDOR INFORMATIONAL REQUIREMENTS
In determining the capabilities of an offeror to perform the services specified
herein, the following informational requirements must be met by the offeror.
(Note: Each item must be thoroughly addressed. Offerors taking exception
to any requirements listed in this section may be found non-
responsive or be subject to ranking reductions.)
4.2 BASIC INFORMATION AND EXPERIENCE OF THE FIRM/OFFEROR
Firm Experience: Submittals should provide information about the firm and
should address the qualifications and depth of experience of the firm’s local
office in conducting governmental audits of cities of similar size, and local
government units; including Single Audits and CAFR preparation.
• Name of Firm:
• Address of Firm Headquarters:
• Address of Local Office:
• Primary Contact Person(s) at Local Office: (Tel)
• Number of Employees:
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• Firm Total Government Audit Staff:
• Local Office Total Government Audit Staff:
• Founding Date:
• Firm Local Office List audits performed for local governmental units in
last three years. List name of government, specify fiscal year for
which audit performed, whether CAFR prepared, whether GFOA
certificate received, whether Single Audit, and component unit
audits were performed:
• Number of audits for local governmental units in which local office
participated in the last three years:
• Number of these that were Single Audits:
• Number of CAFRs prepared for local governmental units by local
office in last three years:
• Number of these which received GFOA Certificate of Achievement
for Excellence in Financial Reporting:
• Attach an affirmation of proper licensing for public practice as a
Certified Public Accountant in the State of Georgia.
4.3 QUALITY CONTROL AND PEER REVIEW
Quality Control and Peer Review: Submittals should address the firm’s
participation in quality-control programs, either AICPA-sponsored or
comparable. Include the results of peer reviews during the past three years,
and a description of any regulatory action taken by any oversight body
against the firm and/or its staff in the last three years.
Describe your firm’s participation in AICPA-sponsored or comparable quality
control programs. Include results of peer reviews during the last three years.
Describe any regulatory action taken by any oversight body against the firm
and/or any staff members in the last three years.
Describe any lawsuits in the last three years involving the firm’s audit services.
Attach an affirmation that firm members meet the independence
requirements of the GAO Auditing Standard.
Include a copy of your firm’s most recent peer review report, the related
letter of comments, and the firm’s response to the letter of comments.
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4.4 QUALIFICATIONS OF LOCAL OFFICE STAFF
Licensed and Independent: It is mandatory that a proponent be properly
licensed for public practice in the State of Georgia as a Certified Public
Accountant, and that a proposer meets the independence requirements of
the GAO Audit Standards.
Identify the partner, manager, and in-charge accountant who will be
assigned to our job if you are successful in your proposal and provide
biographies.
• Name:
• Title:
• Position on Milton’s Audit:
• Degree(s):
• Certification(s):
• Added Training:
• Years of Professional Experience:
• Years with Your Firm:
• Audits Performed/CAFRs Prepared for Local Governments in Last
Three Years:
• Responsibility on Each Engagement Listed:
• Other Qualifications:
Resumes and Qualifications of local Office Staff Assigned to City’s Audit:
Submittals should address the qualifications and experience of each senior
and higher-level person to be assigned to the audit. Qualifications include
education, certification, special training and professional activity.
Experience should be quantified by degree of responsibility as well as
number of years.
Please note that the City has requested information on each senior or
higher-level person to be assigned to the audit. If your firm is not yet ready to
make an assignment, you should give information on current staff that may
be assigned. Awarded Vendor, on an annual basis, will communicate any
audit Staff replacements to the Finance Director for approval.
4.5 CLIENT REFERENCES
References: Offeror shall provide a minimum of three (3) references of
previous and/or current governmental clients who the City may contact for
a candid appraisal of the firm’s services. The most effective references will
come from entities, comparable in size to Milton, for which your firm has
provided services very similar to those Milton is requesting. References should
all preferably be within the last three (3) years.
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At a minimum, the offeror shall provide the company name, the location
where the services were provided, contact person(s), customer’s telephone
number, a complete description of the service type, and dates the services
were provided. Indicate those governmental clients for whom you have
prepared CAFRs and which of those CAFRs have received the GFOA
Certificate of Achievement. These references may be contacted to verify
offeror’s ability to perform the services requested. The City reserves the right
to use any information or additional references deemed necessary to
establish the ability of the offeror to perform the conditions of this request.
Negative references may be grounds for proposal disqualification.
• Name of Client Government Service(s) Provided to Client
(Audit/Single Audit/CAFR Prep)
• Date(s) of Service:
• Client Contact Person:
• Telephone Number:
• Attach a signed letter or statement authorizing the City to contact
the listed clients.
Identify the five largest clients your firm (or office) has lost in the past three
years and the reasons. Also discuss, in instances where loss of the client was
due to an unresolved auditing or accounting matter, the process of
attempting to resolve the issue(s).
4.6 APPROACH AND METHODOLOGY TO AUDIT
Describe how your firm will approach the audit of the organization, including
the use of any association or affiliate member firm personnel and the areas
that will receive primary emphasis. Describe any use of a third-party vendor
that would be necessary in assisting with fulfilling the scope of the RFP if
awarded the contract. Address the type of audit program, statistical
sampling techniques, and analytical procedures that will be used. Discuss
the proposed organization of the audit team and segmentation of the
engagement, including estimated time to be spent on each segment by
each level of staff. Use this section to address your firm’s understanding of
the City’s objectives and requirements for the audit and CAFR preparation
and explain how your audit approach would meet those objectives and
requirements. Also, discuss the firm’s use of technology in the audit. And
finally, discuss the communication process used by the firm to discuss issues
with the management and employees. Provide a timeline of the work plan
and methods to be used that will convincingly demonstrate to the City what
the offeror intends to do, the timeframes necessary to accomplish the work,
and how the work will be accomplished.
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4.7 WORK SAMPLE
Enclose one copy each of a CAFR and a Single Audit Report that
demonstrates the firm’s performance on a local government engagement
comparable to the City of Milton’s.
4.8 FINANCIAL STABILITY
Offerors shall demonstrate their financial stability to supply, install and
support the services specified by: (1) providing financial statements,
preferably audited, for the three (3) consecutive years immediately
preceding the issuance of this RFP, and (2) providing copies of any quarterly
financial statements that have been prepared since the end of the period
reported by your most recent annual report.
4.9 SUBMITTALS – TECHNICAL PROPOSAL
Technical Proposal Requirements: Each response to this RFP shall include the
information described in this section. Failure to include all the elements
specified may be cause for rejection. Additional information may be
provided but should be succinct and relevant to the goals of this RFP.
Excessive information will not be considered favorably. Document pages
shall be 8-1/2 inches by 11 inches in size or folded to such a size. Be sure to
follow and clearly mark each section of your proposal according to the
sections below.
A. Introduction (1 page)
B. Basic Information and Experience of the Firm (5 pages)
C. Quality Control and Peer Review (5 pages)
D. Qualification of Local Office Staff (10 pages)
E. Client References (5 pages)
F. Firm Approach and Methodology (5 pages)
G. Work Samples
H. Financial Stability (Audited Financial Statements)
I. Appendix A – Completed Questionnaire
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The specific submittal requirements are outlined in Section 1.7, Submitting
Proposals. Page references listed above are maximums.
SECTION 5: COST PROPOSAL
See next page for Cost Proposal. Cost Proposal must be returned along with the
proposal in a separately sealed envelope.
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MUST BE RETURNED WITH PROPOSAL ~ IN SEPARATELY SEALED ENVELOPE
One (1) original and two (2) copies shall be submitted in a separate sealed envelope
before the required deadline. The offeror’s cost proposal shall be signed by an
authorized agent of the company. There is no maximum page limit to section 5.
The undersigned bidder, having familiarized themselves with the work required by
the RFP, the bid documents, the site where the work is to be performed, all laws,
regulations, and other factors affecting performance of the work, and having
satisfied itself/himself/herself of the expense and difficulties attending performance
of the work; Hereby proposes and agrees, if this bid for the above named project is
accepted to enter into a contract to perform all work necessary to the successful
completion of the contract; and to supply all required submittals as indicated or
specified in the RFP and the bid documents to be performed or furnished by bidder
for the total contract price of:
• Year 1 Price: ____________________________
• Year 2 Price: ____________________________
• Year 3 Price: ____________________________
• Year 4 Price: ____________________________
• Year 5 Price: ____________________________
Total Price $____________________________________________
Print Total Price in Words _____________________________________________________
Print/Type Company Name Here: _____________________________________________
Authorized Signature_________________________________Date____________________
Print/Type Name______________________________________________________________
Print/Type Title_________________________________________________________________
38 | RFP 19-FI03
SECTION 6: EVALUATION CRITERIA
6.0 EVALUATION CRITERIA
All proposals will be reviewed by an evaluation committee to ensure that all
administrative requirements of the RFP package have been met, such as all
documents requiring a signature have been signed and submitted. Failure to meet
these requirements may be cause for rejection. All proposals that meet the
administrative requirements will be turned over to the Evaluation Committee for
further evaluation. This RFP may require a site visit for presentations/demonstrations
with one or more selected Offerors.
The award of the contract will be based on certain objective and subjective
consideration listed below:
Proposal Evaluation Criteria:
A. Technical Qualifications
a. Firm Experience
b. Quality Control and Peer Review
c. Local Office Staff Qualifications
d. Firm Approach and Methodology
e. Previous Project Experience
f. Response to Appendix A
B. Financial stability
C. Price
Evaluating Factors: Points
Possible:
TECHNICAL QUALIFICATIONS
Firm Experience and Qualifications of Local Office Staff– Indicates an acceptable level of
qualifications and depth of experience of the firm’s local office in conducting governmental
audits of cities of similar size, and local government units including Single Audits and CAFR
preparation.
30
Audit Plan and Methodology – Demonstrates a sound technical plan (statistical sampling
techniques and analytical procedures), workable timetables, and understanding of City’s needs
and services to be delivered.
35
Firms Professional Commitment/Financial Strength- Demonstrates participation in quality-
control programs, satisfactory Peer Review, vested in educating/training clients, and is financially
stable.
20
Total Points for Technical Qualifications 85
FEE PROPOSAL 15
Total Evaluation Points 100
39 | RFP 19-FI03
Total Possible Points Available are 100 points.
1. Interviews and Product Demonstration
If applicable, short-listed Offerors will be invited to make a presentation to the City of
Milton. At this time, they can provide live demonstrations and discuss the benefits
with the City. A question and answer will follow the presentation.
2. Final Ranking
Upon completion of the interviews and demonstrations, the evaluation committee
will rank the short-listed proposals based on secondary presentation scores. The top-
ranked proposal will be recommended for contract award, pending successful
negotiations.
SECTION 7: STANDARD CONTRACT INFORMATION
7.0 STANDARD CONTRACT
The City’s standard contract is attached to this document as Appendix A. Vendor
should notify the City of any terms within the standard contract that preclude them
from responding to the RFP. This notification must be made by the deadline for
receipt of written/e-mailed questions or with the Vendor’s RFP response. Any
requests for material, substantive, important exceptions to the standard contract
will be addressed in any formal written addendum issued by the procurement
officer in charge of the solicitation. The City reserves the right to address any non-
material, minor, insubstantial exceptions to the standard contract with the highest
scoring Vendor at the time of contract negotiation.
7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS
This RFP and any addenda, the Vendor’s RFP response, including any amendments,
a best and final offer, any clarification question responses, and any negotiations
shall be included in any resulting contract. The City’s standard contract, attached
as Appendix A, contains the contract terms and conditions which will form the basis
of any contract negotiated between the City and the highest scoring Vendor. The
contract language contained in Appendix A does not define the total extent of
the contract language that may be negotiated. In the event of a dispute as to the
duties and responsibilities of the parties under this contract, the contract, along with
any attachments prepared by the City, will govern in the same order of
precedence as listed in the contract.
7.2 SUBCONTRACTOR
The highest scoring vendor will be the prime contractor if a contract is awarded
40 | RFP 19-FI03
and shall be responsible, in total, for all work of any subcontractors. All
subcontractors, if any, must be listed in the proposals. The City reserves the right to
approve all subcontractor. The Vendor/Contractor shall be responsible to the City
for the acts and omissions of all subcontractors or agents and of persons directly or
indirectly employed by such subcontractors, and for the acts and omissions of
persons employed directly by the Vendor/Contractor. Further, nothing contained
within this document or any contract documents created as a result of any
contract awards derived from this RFP shall create any contractual relationships
between any subcontractor and the City.
7.3 GENERAL INSURANCE REQUIREMENTS
See sample contract.
7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT
The Vendor is required to supply the City of Milton with proof of compliance with
the Workers’ Compensation Act while performing work for the City. Neither the
Vendor nor its employees are employees of the City. The proof of
insurance/exemption must be received by the City of Milton within ten (10) working
days of the Request for Documents Notice and must be kept current for the entire
term of the contract.
CONTRACTS WILL NOT BE ISSUED TO VENDORS WHO FAIL TO PROVIDE THE REQUIRED
DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME.
7.5 COMPLIANCE WITH LAWS
The Vendor must, in performance of work under this contract, fully comply with all
applicable federal, state, or local laws, rules and regulations, including the Civil
Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with
Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any
subletting or sub-consulting by the Vendor subjects’ sub-consultants to the same
provision. The Vendor agrees that the hiring of persons to perform the contract will
be made on the basis of merit and qualifications and there will be no discrimination
based upon race, color, religion, creed, political ideas, sex, age, marital status,
physical or mental disability, or national origin by the persons performing the
contract.
7.6 CONTRACT TERMINATION
See sample contract.
RFP 19-FI03, Appendix A
Appendix “A”
Must be Returned with Proposal
To be answered by Firm:
Section A – General Information
1. Firm Name: __________________________________________
2. Contact Person: ____________________________________ Telephone #: ___________
Address: ________________________________________________________________
3. Firm FEI Number: ________________________________________________________
4. Firm’s Georgia CPA Sate License Registration Number: __________________________
5. Type of Accounting Practice (place an “X” next to the appropriate response)
a. _______ Individual
b. _______ Partnership
c. _______ Corporation – Give name of the State which incorporated: ___________
Section B – Firm’s Quality Program for Audits
(Please answer each of the following questions by placing an “X” in the appropriate column at
the right.)
CHECK ONE
YES NO
1. Quality Control: Does the Firm have internal procedures to ensure _____ _____
proper quality control for its governmental audit assignments?
(If yes, ATTACH A DESCRIPTION OF THE PROCESS)
2. Quality Review- Does Firm participate in an External Quality review _____ _____
program every 3 years? (If yes, ATTACH A COPY OF LAST PEER
REVIEW OR QUALITY REVIEW REPORT AND LETTERS OF
COMMENT.) PLEASE ENTER ENDING DATE OF LAST
PERIOD COVERED BY REVIEW
If no, explain the reason and your plan to participate.
3. Professional Membership: Do the partners of the Firm belong to either _____ _____
the AICPA or the Georgia Society of CPAs?
4. Proper License: Is Firm properly licensed to practice public _____ _____
accounting in Georgia?
RFP 19-FI03, Appendix A
CHECK ONE
YES NO
5. Special Governmental Audit Requirements: Is Firm familiar with the _____ _____
AICPA's ethical ruling called Interpretation 501-3, “Failure to Follow
Standards and/or Procedures or other Requirements in Governmental
Audits”? (According to this ruling, if a CPA agrees to follow specified
standard, guides, rules and procedures in addition to GAAS, then the
CPA is OBLIGATED to follow all such requirements. Also, the
auditor must report any deviations from the agreed-upon engagement
procedures.)
6. Subcontracts: Does Firm agree not to subcontract any work required _____ _____
without the prior express written consent of the City?
7. Federal Audit Laws and Rules: If federal audit work is required, does _____ _____
Firm agree to perform the audit work in accordance with the Single
Audit Act of 1984, the Single Audit Act of 1996, the provisions of
OMB Circular A-133 and AICPA Statement of position 98-3, as
necessary?
8. Confidentiality: Does Firm agree not to publish or distribute any _____ _____
information concerning work done for City, except as provided by law
or rule?
9. Access to Records and Workpapers: Does Firm agree to keep _____ _____
workpapers and reasonable records to support work claims for at least
5 years and make them available for audit or review by any authorized
parties?
10. Other Federal and State Laws and Rules: Does Firm agree to comply _____ _____
with all other Federal and state laws, rules and regulations which
pertain to this engagement?
11. Independence: Does Firm meet the independence standards of the _____ _____
current “Government Auditing Standards”, issued by the Comptroller
General? (If “No”, attach a brief summary of facts.)
12. Continuing Education: Does Firm have sufficient staff who meets _____ _____
continuing professional education requirements for government audits
as set forth in “Government Auditing Standards”?
13. Conflict of Interest: Does Firm declare that there is no public or _____ _____
private interest, which would conflict in any manner with performance
of an audit for the auditee or would violate any laws of the State of
Georgia?
RFP 19-FI03, Appendix A
CHECK ONE
YES NO
14. No Substandard Work: Does Firm and all proposed Audit Team _____ _____
Members have a record of an acceptable standard of audit work?
(Contractor Firm must answer this question “No” if the Firm or any
Audit Team Member has received an enforcement action for
substandard audit work during the past three years or has a related
investigation pending by a professional or regulatory group. Attach a
brief summary of any enforcement actions.)
15. Ethics: Does Firm certify that its proposals are made without collusion _____ _____
or fraud and that it has not offered or received any kickbacks or
inducements from any other auditor, supplier, manufacturer or
subcontractor in connection with their proposals, and that it has
not conferred on any government entity employee having official
responsibility for this procurement transaction any payment, loan,
subscription, advance, deposit of money, services or anything of
more than nominal value, present or promise, unless consideration of
substantially equal or greater value was exchanged; that it is not in violation
of the Official Code of Georgia Annotated, Sections 16-10-2 and 16-10-22,
for acts of bribery and/or conspiracy in restraint of free and open competition
in transactions with state or political subdivisions?
16. Provision of RFP: Does Firm agree to abide by all General Terms and _____ _____
Conditions and Special Terms and Conditions specified in the RFP?
FIRM CERTIFICATION STATEMENT
We certify that the information contained herein is accurate and fair to the best of our
knowledge. We understand that the inclusion of false information may result in rejection of the
proposal submitted in response to this RFP.
_________________________________________________ __________________
Firm Name Date
_________________________________________________
Signature of Preparer
Sample Contract Intentionally Omitted
RFP 19-FI03 Addendum #1 1 | P a g e
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
RFP 19-FI03
Upon receipt of documents, please email, fax or mail this page to:
City of Milton
Attn: Honor Motes, Procurement Manager
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2500
Fax: 678-242-2499
Email: honor.motes@cityofmiltonga.us
I hereby acknowledge receipt of documents pertaining to the above
referenced RFP.
COMPANY NAME: ___________________________________________
CONTACT PERSON: _________________________________________
ADDRESS: __________________________________________________
CITY: _________________ STATE: ____________ ZIP: _____________
PHONE: ______________________ FAX: _________________________
EMAIL ADDRESS: ___________________________________________
____________________________________ ______________________
Signature Date
ADDENDUM #1
RFP 19-FI03 Addendum #1 2 | P a g e
ADDENDUM #1
RFP 19-FI03
Questions and Answers
This Addendum forms a part of the contract documents and modifies the
original RFP documents as noted below:
(1) We have noted the maximum page number requirements on pages 15 and
35 of the RFP. Would it be acceptable for proposing firms to use flexibility within
the categories listed on page 35 to the extent that some responses may take
more or fewer pages than those listed in letters A-F on page 35, as long as the
total number of pages does not exceed the maximum 30 single-sided or 15
double-sided noted on page 15? Yes, that will be acceptable.
(2) In reference to section 4.8 on page 35 of the RFP, can proposing firms present
the necessary financial information for review by the City prior to execution of
the contract, rather than including with the proposal? We have no problem
waiting to review this information during the contract negotiation phase.
EXHIBIT “B”
s.i ot-V
ESTABLlblllUiOCti
CITY OF AAILTON REQUEST FOR PROPOSALS
{THIS IS NOT AN ORDER)
RFP Number:
RFP 19-FI03
RFP Title:
External Audit Services
Due Date and Time:
September 10, 2019
Local Time: 2:00 p.m.
Number of Pages: 68
ISSUING DEPARTMENT INFORMATION
Issue Date: August 22, 2019
City of Milton Phone: 678-242-2500
Finance Department Fax: n/a
2006 Heritage Walk Website: www.citvofmlltonaa.us
Milton, GA 30004
INSTRUCTIONS TO CONSULTANTS
Return Proposal to:
City of Milton
Atfn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Mark Face of Envelope/Package:
RFP Number: RFP 19-FI03
Name of Company or Firm
Special Instructions:
Deadline for Written Questions
August 30, 2019 at 5:00 p.m.
Email questions to Honor Motes at
honor.motes@citvofmiltonaa.us
CONSULTANTS MUST COMPLETE THE FOLLOWING
Consultant Name/Address:
Mouldin & Jenkins
200 Goiierio Pkwy, Suite i 700
Atlanta, GA 30339
Authorized Consultant Slgnt^bry:
[Please print name aria s/mfTn ink)<3
Consultant Phone Number:
678-742-6771
Consultant FAX Number:
678-742-6788
Consultont Federal I.D. Number;
58-0692043
Consultant E-mail Address:
afralev@micpa.com
CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
2006 Herifoge WalkMillon, GA 30004 P: 678.242.25001F: 678.242.2499 info®cilyofmillonga.us| www.cityofmiifonga.us
O0OO
City of Milton, Georgia
Welcome to the City of
lit,'."lit. , n ,
Technical Proposal to Provide External Audit Services
Fiscal Year September 30^ 2019 through 2023
RFP#19-FI03
Mauldin & Jenkins Certified Public Accountants
Contact Person: Adam Fraley, CPA, Partner
Phone: (678)742-6771
Email: afralev@micpa.com
200 Galleria Parkway, Suite 1700
Atlanta, GA 30339
Web: www.mjcpa.com
AULDIN
ENKINS
Mauldin
&Tenkins
Over 450 Governmental Units Served
INSIDE
PUBLIC ACCOUNTING
TOP 100
FIRMS
2018
We Do Things Right &
We Do the Right Things
MaULDIN City of Milton
&TENKINS Proposal to Serve
Table of Contents
Transmittal Letter i
Basic Information and Experience ofMauldin & Jenkins 3
- Organization and Size - Regional Firm
- A Century of Service
• Municipal Bond Experience
• Audits of Federally Funded Programs (Single Audits)
- Other Attestation Services
Quality Control and Peer Review 7
- External Peer Review
- Desk Reviews or Field Reviews
• No Disciplinary Actions
- Independence
Qualifications of Local Office Staff 9
- Resumes
- Other Staff Resources (Technology Services and Fraud Examinations)
- Other Staff Auditors & Accountants
- Partner & Staff Continuity
- Continuing Education of Partners and Staff
Client References 21
- Similar Clients
• Clients Lost
Firm Approach and Methodology 23
- Type of Audit Program
- Statistical Sampling Techniques
- Type and Extent of Analytical Procedures to be Used in the Engagement
- Proposed Segmentation of Audit Team and Segmentation of Engagement
- Understanding of Audit Objectives
• Use of Technology
- Communication Process
- Timeline and Work Plan
Work Sample 30
Financial Stability — 30
Closing 30
Appendices
• A: Completed Questionnaire
' B: Required RFP Forms
• C: Peer Review Report
- D: Addendum to RFP
MAULDIN CityofMilton
ENKINS Proposal to Serve
Transmittal Letter
September 10, 2019
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, Georgia 30004
Ladies and Gentlemen:
We appreciate the opportunity to propose on continuing to provide audit services to the City of Milton,
Georgia (the "City"), and we are pleased to submit a qualifications package including cost estimates to
provide annual financial and compliance auditing services for the City. The contract for such audit services
will be for three consecutive fiscal years with the option for two additional years beginning with the fiscal
year ended September 30, 2019, and ending with the fiscal year ended September 30, 2023.
We have read the Request for Proposal (RFP) and fully understand its intent and contents. We understand
the time frame for performance of the annual financial audits as stipulated by the City and agree to provide
the services described in the proposal. We will conduct preliminary and final fieldwork and will issue all of
the deliverables and reports substantially prior to the required due dates.
As professionals serving the public sector, Mauldin & Jenkins is qualified to serve the City. We believe that
Mauldin & Jenkins is the leader in auditing state and local governments in the Southeast. This leadership
was achieved by recognizing that we are an important part of our client's success, with our objective being
to ensure that accurate information is reported to the Council, management, and its citizens. Given the
complexities of the City's financial operations and the ongoing significant changes in accounting standards,
we feel that it is very important that you select an auditing firm that is focused and experienced in the
governmental industry. We differentiate ourselves from our peers via:
v Experience with Governments. As auditors for more governments in Georgia than any other firm,
our professionals are thoroughly versed in the complex governmental arena, and have consistently
provided the highest quality of service to our government clients. We serve approximately:
• 450 state and local governments across the Southeastern U.S.A.
• 116 cities and 53 counties;
• 56 school districts and 39 charter schools;
• 43 state agencies, authorities, commissions, colleges, and departments;
• 49 stand-alone business-type utility authorities (water/sewer, gas, electric, airports & transit)
• 100+ stand-alone governmental special purpose entities (housing, industrial development,
health & welfare, other educational, retirement, libraries, etc.);
• 128 governments awarded the GFOA's and, or ASBO's Financial Reporting Certificates.
Mauldin & Jenkins provides over 100,000 hours of service to approximately 450 governmental
units in the Southeast on an annual basis utilizing over 100 professionals.
INDUSTPY eXPERTISe / PROACTIVE SERVICE/ PROVEN RESULTS
I
MaULDIN City of Milton
&TENKINS Proposal to Serve
v Information Technology Services. We are proud to be one of the few firms in the southeast to utilize
an Artificial Intelligence tool - Ai Auditor by Mindbridge - as part of our audit process. This tool
provides for a more effective audit. We also have resources to address the evolving cybersecurity
threats to your government - having Certified Information Systems Auditors (CISA) on staff and are
certified by the AlCPA to provide cybersecurity advisory services and the newly created cybersecurity
assessment.
v Staff Continuity. Our staff retention rates are considered to be among the best in the profession. We
are able to not only provide consistency with the partner and manager on our engagement teams, but
seniors as well. We also have enough resources at the partner, manager, and senior levels to provide
for periodic rotations as requested by our clients.
Education. Mauldin & Jenkins' clients have the opportunity to register and receive approximately
thirty (301 hours of continuing education on an annual basis, free of charge, We take our experience
in serving governments, and choose timely and relevant topics to provide ongoing education to our
clients. Sessions are limited to clients only.
v Responsiveness. We pride ourselves in responding to the needs of our clients and meeting their
deadlines. This responsiveness is not only the ability to meet specified audit deadlines, but also the
ability to respond to other requests. Our ability to be responsive is enhanced by the open
communications and good working relationship we have with our clients. Our resources provide for
the flexibility to meet your needs and to perform our services in an efficient and effective manner.
*•* Organized to Specifically Meet Your Needs. Our partners, managers, and seniors in the Firm's
Governmental Practice Division spend 100% of their time serving governments. By structuring the
Firm's Governmental Practice Division in such a manner, we are able to create efficiencies in the audit
process which typically result in our total hours being significantly less than most other firms.
v Nationally Recognized. Mauldin & Jenkins has been consistentiy ranked in the Top 100 h\ Accounting
Today as well as Inside Public Accounting as one of the largest certified public accounting firms in the
country. Tommye Barie {a 2018 retired partner with Mauldin & Jenkins) served as the 2015 Chair of
the Board of Directors of the AlCPA. Joel Black is currently the AlCPA's sole representative to
Government Accounting Standards Advisory Council (GASAC).
This proposal represents a firm offer for 90 days from the date of the proposal. As a member of Mauldin &
Jenkins, Adam M. Fraley is authorized to bind, and make representations for the Firm, and he will be the
ultimate party responsible for the quality of the report and working papers. We welcome the opportunity
to meet with you to present our proposal and our qualifications. Please contact us at (678) 742-6771.
Again, on behalf of Mauldin & Jenkins, thank you for the opportunity to continue to serve.
Sincerely,
MAULDIN & JENKINS, LLC
AdanyM. Fraley, Partner
INDUSTRY eXPERTlSe / PMACTWJC SERVICE / PROVCN HeSULTS
Mauldin
&TeNK!NS
City of Milton
Proposal to Serve
Basic Information and Experience of Mauldin & Jenkins
Name of Firm: Mauldin & Jenkins
Address of Firm Headquarters: 200 Galleria Parkway, Suite 1700, Atlanta, GA 30339
Address of Local Office: 200 Galleria Parkway, Suite 1700, Atlanta, GA 30339
Primary Contact Person at Local Office: Adam Fraley 678-742-6771
Number of Employees: 300
Firm Total Government Audit Staff: 100
Local Office Total Government Audit Staff: 30
Founding Date: 1918
Firm Local Office Audit List: See tables below
Number of audits for local governmental units in which local office participated in last three years: 150
Number of these that were Single Audits: 35
Number of CAFRs prepared for local governmental units by local office in last three years: 42
Number which received GFOA Certificate of Achievement for Excellence in Financial Reporting: 42
Affirmation of proper licensing to practice in Georgia:
We hereby affirm that Mauldin & Jenkins, LLC is properly registered as a certified public accounting
firm licensed to practice in the State of Georgia by the Georgia Board of Accounting. Our Georgia
license number is 350. Additionally, all assigned key professional staff are properly licensed and
registered to practice public accounting with the State of Georgia.
Our local government audits in which the Atlanta office has participated in the last three years are listed
in the following tables. We are currently serving each of these clients and have served them for the past
three years unless otherwise noted. The "other governmental entities" table includes many of our
component units with separately issued financial statements; however, many of the cities and counties
listed below include component units which we audit in conjunction with the primary government.
# - denotes Single Audit
*- denotes CAFR and GFOA Certificate
Cities
Georgia 14)Doraville 28)Powder Springs
1) Alpharetta#*15)Dougiasviile*29)Riverdale*Alabama
2) Austell*16)Duluth #30)Rockmart*40)Tuscaloosa*
3) Baldwin 17)Fairburn*31)Rome #*
4) Ball Ground#*18)Forest Park#*32)Roswell #*North Carolina
5) Braseiton 19)Grantville 33)Social Circle #41)Asheville 2018
6) Brookhaven*20)Holly Springs*2018 34)South Fulton 2017,42)Black
7) Cartersvilie* 2018 21)Jefferson 2018 Mountain*2018
8) Cedartown 22)Johns Creek*35)Stonecrest 43)Garner 2018
9) Chamblee*23)Kennesaw #*2017,2018 44)Selma
10} Chattahoochee Kills 24)Lawrenceviiie#36)Toccoa
11) Ciarkston 25)Milton*37)Tucker
12) College Park#*26)Monroe #*38)Union City*
13) Decatur#*27)Peachtree Corners 39)Villa Rica
INDUSTKY fXPf «riSf / PKOACTIVESERVICE / PROVEN RESULTS
i
Mauldin
&TENKINS
City of Milton
Proposal to Serve
Counties
Georeia 6)Forsyth #*12) Walton#'16)Orange'2018
1) Athens-Clarke #*7)Gwinnett #*17)Washington'2018
2) Barrow*8)Jackson'2017,2018 North Carolina
3) DeKalb#'9)Lumpkin #13) Gates 2018
4) Douglas*10)Paulding#'14) Hallfax'2018
5) Floyd #*11)Stephens 15) Madison 2018
State Governmental Entities
1)Ga.Education Authority 16)Kennesaw State Univ, Athletic Department
2)Ga.Environmental Finance Auth. (GEFA)17)Kennesaw State Univ. Athletic Foundation
3)6a.Higher Education Assistance Corp.18)Kennesaw State Univ. Research Foundation
4)Ga.Higher Education Facilities Authority 19)Kennesaw State Univ. Foundation
5)Ga.Highlands College Foundation 20)Medical College of Georgia Foundation
6)Ga.Lottery Corporation {LOTTO)21)Polytechnic Foundation of Kennesaw State Univ.
7)Ga.Military College Foundation 22)REACH Georgia (of the GSFC)
8)Ga.Southern Univ. Athletic Foundation 23)Southern Polytechnic Applied Research Foundation
9)Ga.Southern Univ. Foundation 24}Stone Mountain Memorial Association
10)Ga.State Financing & Investment Com. (GSFIC)25)Tri Countylechnical College
11)Ga.State Univ. Athletic Foundation 26)University of North Georgia Foundation
12)Ga.State Univ. Foundation 27)University of West Georgia Foundation
13)Ga.Student Finance Authority (GSFA)28)University System of Georgia
14)Ga.Student Finance Commission (GSFC)29)WIIMamsburg Technical College
15)Ga.Superior Court Clerk's Cooperative Auth.
11)
12)
13)
14)
15)
16)
18)
19)
School Svstems
1) Atlanta Independent Schools #"
2) Bartow County Schools tt
3} Buford City Schools #
4) Carroll County Schools
5) Carrollton City Schools it
6) Cartersville City Schools U*
7) Cobb County Schools
8) Decatur City Schools#
9) DeKalb County Schools #
10) Douglas County Schools#
Other Governments
1} Atlanta Development Authority
2) Atlanta Economic Renaissance Corporation
3) Atlanta Housing Opportunity
4) Chattahoochee River 911 Authority
5) City of East Point Retirement Plan
6) City of Sandy Springs Development Authority
7) Classic Center Auth. of Clarke County
8) Cobb County-Marietta Water Auth. Pension
9) Decide DeKalb
10) DeKalb County Public Library
11) Development Authority of Cherokee County
12) Development Authority of City of Roswell
13) Development Authority of Lumpkin County
14) Downtown Atlanta Revitalizatlon
15) Forsyth County Public Library
16) Friends of Bulloch
17) Georgia Charter Educational Foundation
Fannin County Schools
Floyd County Schools # 2018
Forsyth County Schools #
Fulton County Schools #*
Gwlnnett County Schools #*
Habersham County Schools #
2018
17) Jefferson City Schools#
Marietta City Schools #*
Murray County Schools # 2018
20) Oconee County Schools#
21) Paulding County Schools
22) Polk County Schools
23) Rome City Schools#
24) Troup County Schools #
25) Union County Schools 2018
26) Walton County Schools#
18) Gwinnett Civic/Cultural Center Operations
19) Gwinnett Convention and Visitors Bureau
20) Gwinnett County Development Authority
21) Gwinnett County Public Facilities Authority
22) Gwinnett County Public Library
23) Gwinnett County Recreation Authority
24) Historic Roswell Convention & Visitors Bureau
25) Kennesaw State University Athletic Department
26) Lumpkin County Hospital Authority
27) NE Corridor, LLC
28) North Fulton Regional Radio Authority
29) Paulding County Industrial Development Authority
30) Riverdale Downtown Development Authority
31) Sandy Springs Hospitality Board
32) SOWEGA Council on Aging
33) Town Center Area Community imp. District
INDUSTKY EXP€RTISS/PROACTIVE SEBVICE / PROVEN RESULTS
•#
Mauldin
&Tenkins
City of Milton
Proposal to Serve
Organization and Size - Regional Firm
Mauldin & Jenkins was formed in approximately 1918 and has been actively engaged in governmental
auditing since Its Inception. Mauldin & Jenkins is one of the largest certified public accounting firms In
the Southeast and In the U.S.A., and a leading provider of audit and accounting services. Mauldin &
Jenkins serves clients whose operations span the entire U.S.A. Mauldin & Jenkins is considered to be a
large regional firm with offices in the following eight communities:
Atlanta
Macon
Albany
Savannah
Chattanooga
Columbia
Bradenton
Birmingham
Our current footprint of governmental clients extends as far northeast as Gates County in North Carolina
(on the Virginia line) to Gulfport, Mississippi to Islamorada, Florida in the Florida Keys.
Other key information relative to the size and experience of Mauldin & Jenkins is as follows:
350,000 - approx. total hours of service provided annually to clients of the Firm
100,000 - approx. total hours of service provided annually to governmental clients
50% - percentage of governmental practice as compared to Firm's attestation practice
28% - percentage of governmental practice as compared to Firm's overall practice
450 - approx. total governmental entities served in past three (3) years
300 - total number of Firm personnel
128 - total clients served who obtain the GFOA/ASBO Certificates
44 - total clients with publicly issued debts in excess of $50 million
53 - total number of Firm partners
11 - total number of full-time governmental partners 8i directors
11 - total number of full-time governmental managers
100 - total number of professionals with current governmental experience
INDUSTRY EXPERTISE / PROACTtVESERVICE / PROVEN RESULTS
S
Mauldin
&Tenkins
City of Milton
Proposal to Serve
A Century of Service
Mauldin & Jenkins' commitment to government began when
our Firm was established in 1918. Since then, we have viewed
service to governments as significant to the overall success of
the Firm. Today, the governmental sector is an industry that
has been specifically identified for our continued growth in
professional services. Accordingly, ail professionals, from
entry-level accountants to partners (who select the
governmental sector as their focus) are trained to understand
the issues and meet the needs of state and local governmental
entities.
As noted previously, Mauldin & Jenkins employs 22 partners,
directors and managers who dedicate 100^ of their time serving
government clients. We also have numerous additional
professionals with current experience in providing services to
governmental entities, many of whom spend their time exclusively
on government clients.
Mauldin & Jenkins' dedicated professionals can bring a
comprehensive understanding of the issues that face government
entities as well as "bench strength" at ail levels, allowing us to
respond swiftly and effectively to your evolving needs.
The goal of our government practice is to help governments improve
their financial processes and strategies so that they can in turn
achieve their goal of improving the lives of their citizens. This shared
commitment to the goals of our clients has resulted in a significant
government clientele.
As noted in ourtransmittai letter, we currentiv serve approximatelv
450 governments in the Southeast. We know of no other regional
firm that can match our governmental experience.
^Irf'
"I was apprehensive when
the decision was made to go
with Mauldin & Jenkins
thinking our city was too
smalifor a largerfirm. I
couldn't be more pleased
with their helpful attitude
and professionalism. The
audit process Is now smooth
and painless."
Pam Herring,
City of Rockmart,
Clerk/Finance Officer
Other Attestation Services
other attestation services beyond financial and compliance audits which Mauldin & Jenkins currently
provides to our clients include:
Forensic audits
Performance audits
Information systems audits
Cybersecurity Assessments
• Agreed-upon procedures
• Bond issuance services
• Capital asset inventory services
INDUSTRY BXPEBTISe/PROACTIVE SERVICE / PROVEN RESULTS
6
^^TaULDIN City of Milton
&JENKINS Proposal to Serve
Quality Control and Peer Review
External Peer Review
in the mid 70s, the Private Companies Practice Section (PCPS} was founded by the American Institute of
CPAs (AiCPA) to establish a voluntary quality assurance program for CPA firms. There are requirements
for membership in the section, which include mandatory continuing education for each member of the
professional staff and a key element is a tri-annual independent review of a firm's quality control system
in its practice of public accounting. Mauidin & Jenkins has been a member of the section from inception.
The peer review aspect has evolved from being voluntary to mandatory and Mauidin & Jenkins is in full
compliance with the requirements of having a tri-annuai review, in the peer reviewer's latest report
dated October 30, 2017, our reviewing firm gave a rating of "pass" which is the highest form of
assurance they can render on the system of quality control for our accounting and audit practice.
A copy of the report on our most recent external quality control review is provided in Appendix C. The
quality control review included a review of specific government engagements. No letter of comment
was received as a result of this review. We are quite proud to be one of the few Southeast based firms
to have undergone this review and to have received such an excellent opinion from a large reputable
national firm.
Desk Reviews or Field Reviews
Mauidin & Jenkins audits most of the largest school districts in the State of Georgia. Based on that fact,
the State of Georgia's Department of Audits & Accounts (DoAA) annually performs a review of a sample
of our local school district audits. No report has ever been formally issued, and no matters or issues
have ever been noted by this annual effort.
As part of the annual review process, the DoAA has asked to send teams of auditors to review our
workpapers in their own effort to better approach financial and compliance audits from a risk based
perspective.
With the exception of the above paragraph's thoughts, Mauidin & Jenkins has not had a federal or state
desk review or field review of its audits during the past three years.
Regarding one of our past Federal desk reviews or field reviews, we would like to provide the following
details of that review, as we believe its results further distinguish Mauidin & Jenkins from other firms.
As part of the Federal Department of Education's random testing of the audits of local
boards of education, a review was performed by the Federal Office of inspector General
(DIG) regarding a Single Audit engagement of a local board of education. We are quite
pleased to note the examiner provided Mauidin & Jenkins a letter of high marks for the
performance of the respective Single Audit and this comes at a time when Federal
regulators are condemning the profession for poor performance of such Single Audits.
INDUSTRY EXPERTISE / PaOACTIVB SERVICE / PBO VCAIHCSULTS
7
MaULDIN CityofMilton
&J ENKINS Proposal to Serve
Unofficially and orally provided, the examiner noted this Sinele Audit engagement to
be the best such engagement reviewed in his experience.
We at Mauldin & Jenkins are quite proud of our Firm's governmental practice and appreciate the efforts
of state and Federal inspectors and examiners, and their kind words of our doing things right and doing
the right things in our attestation engagements.
No Disciplinary Actions
Mauldin & Jenkins has not had any disciplinary actions taken {nor are any pending) against the Firm
during the past three years with any state or Federal regulatory bodies or professional organizations.
Independence
We hereby affirm that Mauldin & Jenkins, LLC is independent with respect to the City of Milton, Georgia,
its component units and its joint ventures, and related outside entities as defined by generally accepted
auditing standards.
We meet the independence standards of Generally Accepted Auditing Standards and the U.S. General
Accounting Office Government Auditing Standards (2011 revision). We are also independent with
respect to the City within the meaning of Part 1.200 of the Code of Professional Conduct of the
American Institute of CPAs and the applicable published rules and interpretations thereunder.
To further understand the above paragraph, we have not:
• Prepared or performed reconciliation services;
• Performed bookkeeping services; or,
• Provided other consulting services
for the City during the past year or any time prior. Independence is very important to the integrity of an
audit, and we are Independent with respect to the City. Further, we have no conflicts of interest or local
bias.
Mauldin & Jenkins has performed the audit for the City of Milton for the past twelve years. This does
not constitute a conflict of interest relative to performing the proposed audit as Mauldin & Jenkins has
been, and continues to be, independent of the City of Milton.
We will conduct our audits objectively and will report findings, opinions, and conclusions objectively. As
noted above, we are free from personal and external impairments to independence, are organizationally
independent and will maintain an Independent attitude and appearance so that opinions, conclusions,
judgments, and recommendations are impartial and will be viewed as impartial by knowledgeable
parties. There are no situations that might lead others to question our independence.
INDUSTRY EXPERTISE / PROACTIVE SCRVICE / PUOVIN RESULTS
8
Mauldin
&TeNKINS
City of Milton
Proposal to Serve
Qualifications of Local Office Staff
Adam Fralev. CPA
Lead Partner & Ultimate Partner Responsible
Adam Fraley is a partner and a certified pubiic accountant with Mauidin
& Jenkins, LLC speciaiizing in serving local and state governmental
entities.
Adam is registered and licensed to practice in the State of Georgia.
Adam is a partner who works exclusively in the governmental sector of
the Firm's audit practice. Adam serves governmental clients in Georgia,
and throughout the Southeast.
Years of Professional Experience and Years with Firm
Adam has over twenty (20) years of experience with the Firm. He has served as Chairman on the Firm's
Partner Advisory Board and currently serves as Chairman on the Firm's Leadership and Career
Development Committee, helping provide policy and procedural recommendations to establish and
monitor an educational and mentoring program for the development of the Firm's human resources.
The following is a summary of governmental clients served by Adam in the capacity of engagement
partner in-charge or quality assurance review partner. Adam has also served as partner in-charge for all
of Georgia's newly incorporated cities. These clients are also listed below.
List of Governmerjtal Clients Served in the Last Three (3} Years
Counties;Cedartown Toccoa
Forsyth County (CAFR)Chattahoochee Hills Tucker
Gates County, NC Decatur(CAFR)Villa Rica
Gwinnett County (CAFR)Doravllle New Bern, NC (CAFR)
Halifax County, NC (CAFR)Douglasville Black Mountain, NC (CAFR)
Lumpkin County Duluth Garner, NC
Madison County, NC Dunwoody (CAFR)Selma, NC
Morgan County Holly Springs
Orange County, NC (CAFR)Johns Creek (CAFR)Boards of Education;
Paulding County (CAFR)Kennesaw (CAFR)Bartow County Board of Education
W/alton County (CAFR)Lliburn Buford Board of Education
Washington County, NC Milton (CAFR)Carroll County Board of Education
(CAFR)Monroe (CAFR)Carrollton Board of Education
Peachtree Corners Cartersville Board of Education (CAFR)
Cities:Powder Springs Cobb County Board of Education (CAFR)
Alpharetta (CAFR)Rockmart (CAFR)Douglas County Board of Education
Baldwin Roswell (CAFR)Fannin County Board of Education
Ball Ground (CAFR)Sandy Springs (CAFR)Floyd County Board of Education
Bristol, TN (CAFR)Social Circle Forsyth County Board of Education
Brookhaven (CAFR)South Fulton Gainesville Board of Education
Cartersville (CAFR)Stonecrest Gwinnett County Board of Education(CAFR)
INDUSTRY EXPERTISE / PROACTIVE SCKVICE / PROVBN RCSUITS
9
Mauldin
ENKINS
City of Milton
Proposal to Serve
Habersham County Board of
Education
Murray County Board of
Education
Union County Board of
Education
Other Governmental Units:
Austeii Naturai Gas System
Bristoi Public Library
Chatsworth Water Works
Commission
Chattahoochee River 911
Authority
Cobb County-Marietta Water
Authority (CAFR)
Forsyth County Public Library
Halifax Tourism Development
Authority
Halifax-Northampton Regional
Airport
Lumpkin County Water &
Sewer Authority
Madison County Tourism
Development Auth
North Fulton Regional Radio
Authority
Pauiding County Airport Auth
Paulding County industrial BIdg Auth
Polk County Water Authority
Walton County Water & Sewer Authority
State & Local Chartered Schools:
Atlanta Heights Charter Academy
Cherokee Charter Academy
Coweta Charter Academy
Gwinnett County BOE Charter Schools
Gwinnett Online Campus
International Charter School of Atlanta
Pataula Charter Academy
Scintilla Charter Academy
Degree/Certifications and Audit Training
Adam graduated from Georgia College & State University with a Bachelor of Business Administration in
Accounting. He has been a featured speaker at various GGFOA Conferences and other GGFOA
workshops, free quarterly CPE provided to our clients, and several internal and external conferences.
Adam has obtained and instructed a significant amount of continuing professional education over the
last three years including:
2019 Risk Assessment for Government Financial Statements, Atlanta, Georgia - Participant
2019 M&J Annual Government Conference, Athens, Georgia - instructor and Participant
2019 Dunwoody Conference, Dunwoody, Georgia - Instructor
2018 M8iJ Annual Government Conference, Lake Lanier, Georgia - instructor and
Participant
2018 Dunwoody Conference, Dunwoody, Georgia - Instructor
2018 GASB Update and Footnotes Review, Quarterly Client CPE - Instructor
2018 GGFOA Annual Conference, Stone Mountain, Georgia - Instructor
2017 M8d Annual Government Conference, Athens, Georgia - Instructor and Participant
2017 GGFOA Annual Conference, Tybee island, Georgia - Instructor
2017 Dunwoody Conference, Dunwoody, Georgia - Instructor
2017 CPA Crossings Communicating Financial Information to Non-Accountants - Participant
Professional and Civic Activities
Adam is a Certified Public Accountant and a member of the American institute of Certified Public
Accountants, Georgia Society of Certified Public Accountants, the Government Finance Officers
Association, the Georgia Government Finance Officers Association, the Cobb County Chamber's
Government Affairs Committee, and the Association of Government Accountants (AGA), which he has
served as the Director of the AGA's Audit Committee.
INDUSTRY EXPERTISE / PROACTIVE SBSVICE / PROVBN KESULTS
10
Mauldin
&Tenkins
City of Milton
Proposal to Serve
Tim Lyons, CPA, CGMA
Partner - Quality Control Review
Tim Lyons is a partner with Mauldin & Jenkins and is a certified
public accountant as well as a chartered global management
accountant. His experience covers a variety of clients in
federal, state, and local governments in Georgia and the
Caroiinas.
Tim spends 100% of his time serving clients in this industry
working primarily with school districts and other educational
institutions, counties, cities, and other types of governmental
entities.
yeors of Professional Experience and Years with Firm
Tim has more than ten years of experience in public accounting - a year and a half with a firm based out
of Charleston, South Carolina and over nine years with Mauldin & Jenkins serving a wide variety of
clients in the public services industry.
List of Governmental Clients Served in the Last Three (3) Years
Counties:
DeKaib County (CAFR)
Douglas County (CAFR)
Floyd County {CAFR)
Forsyth County (CAFR)
Gates County, NC
Lumpkin County
Orange County, NC (CAFR)
Walton County {CAFR)
Washington County, NC {CAFR)
Cities and Townships:
Aipharetta (CAFR)
Bali Ground (CAFR)
Bristol, TN
Brookhaven (CAFR)
Cartersviiie (CAFR)
Cedartown
Chattahoochee Hills
College Park (CAFR)
Decatur (CAFR)
Douglasville (CAFR)
Forest Park (CAFR)
Griffin
Kennesaw (CAFR)
Johns Creek (CAFR)
Monroe (CAFR)
Milton (CAFR)
New Bern, NC (CAFR)
Rockmart (CAFR)
Rome (CAFR)
Sandy Springs (CAFR)
Social Circle
Selma, NC
Educational Institutions:
Atlanta Public Schools
(CAFR)
Atlanta Heights Charter
School
Brookhaven Innovation
Academy
Buford City Schools
Carrollton City Schools
Cherokee Charter Academy
Coker College
Coweta Academy at Senoia
Decatur City Schools
Douglas County Board of
Education
East Point Academy
Francis Marion University
Forsyth County Schools
Fulton County Board of
Education (CAFR)
Georgia School for
Innovation and the
Classics
Graduation Achievement Charter School
Ivy Preparatory at Gwinnett
Ivy Preparatory at Kirkwood
Marietta City Schools
Marlboro County School District
Morris College
Pataula Charter Academy
Richland County School District 1
Scintilla Charter Academy
Sumter County Schools
use School of Medicine Educational Trust
State of Georgia:
Georgia Superior Court Clerks' Cooperative
Authority (GSCCCA)
Other Governmental Units:
Austell Natural Gas System
Central Midlands Regional Council of
Governments
Chaisworth Water Works Commission
Cobb County-Marietta Water Authority (CAFR)
Cobb County-Marietta Water Authority
Retirement Plan
Disabilities Board of Charleston County
Forsyth County Public Library
Fulton County School Employees' Pension
Fund
Invest Atlanta
INDUSTRY EXPERTISE / PROACTIVESERVICS / PfiOVfW RESULTS
11
A U LDIN City of Milton
&JENKINS Proposal to Serve
Lumpkin County Water & Santee-Lynches Regional South Carolina Centers for Economic
Sewerage Authority Council of Governments Excellence
Degree/Certifications and Audit Training
Tim graduated in 2006 from Furman University in Greenville, South Carolina with a Bachelor of Arts In
Accounting and subsequently, obtained his Masters of Science In Accountancy from the College of
Charleston (South Carolina) in 2009. Tim is licensed as a CPA in both the State of Georgia and South
Carolina.
Tim has obtained and instructed a significant amount of continuing professional education over the last
three (3) years including:
2019 Dunwoody Accounting Conference - Dunwoody, Georgia - Instructor
2019 Mauldin & Jenkins Government Client CPE - Savannah, Georgia - Instructor ("GASB Update
and Presenting Financial Information to Nonfinancial People")
2018 Georgia Government Finance Officers' Association Annual Conference - Lake Lanier, Georgia
- Instructor ("The Coming Impact of Blockchain on the Accounting Profession")
2018 Mauldin & Jenkins Annual Governmental Conference - Lake Lanier, Georgia - Instructor and
Participant
2018 Dunwoody Accounting Conference — Dunwoody, Georgia — Instructor
2017 Mauldin & Jenkins Government Client CPE-Atlanta and Macon, Georgia-Instructor ("GASB
Update and the New Lease Standard")
2017 Mauldin & Jenkins LEAP Conference - Athens, Georgia - Instructor
2017 Mauldin & Jenkins Annual Governmental Conference - Athens, Georgia - Instructor and
Participant
2017 Mauldin 8i Jenkins Comprehensive Annual Financial Report Training - Atlanta, Georgia -
Instructor
2017 Dunwoody Accounting Conference - Dunwoody, Georgia - Instructor
2017 Georgia State University Center for State and Local Finance - Governmental Financial
Statements and Accounting Expert Panel - Atlanta, Georgia
Professional and Civic Activities
Tim is involved in a variety of organizations to both support the governmental industry and to promote
the CPA profession overall. As a member of the Special Review Committee for the Government Finance
Officers' Association (GFOA), Tim reviews CAFR submissions from all across the U.S. for governments
seeking to obtain the Certificate of Achievement for Excellence In Financial Reporting. Also at the national
level, Tim is a member of the American Institute of Certified Public Accountants (AlCPA) and is a graduate
of the AlCPA's Leadership Academy, Class of 2012.
At the state level, Tim is involved with the state GFOA organizations as a periodic presenter at the annual
conferences as well as with the State CPA societies. Outside of the CPA profession, Tim recently joined
the Board of Directors for Children's Trust of South Carolina whose Board is appointed by the Governor.
Children's Trust is the only statewide organization whose mission is the prevention of child abuse, neglect
and Injury throughout the State of South Carolina by forming partnerships with local governmental and
nonprofit organizations including many counties, school districts, and other governmental organizations.
INDUSTRY fXPfffnSf / PKOACTIVE SERVICE / PBOVfW USSULTS
12
Mauldin
(SlJENKINS
Prospect County
Proposal to Serve
Joel Black. CPA
Technical Assistance Partner
Joel Black is a partner and a certified public accountant with
Mauldin & Jenkins. His experience covers a variety of clients in
federal, state, and local government, and non-profit
organizations.
Joel currently serves as the Chairman of the firm's Audit and
Accounting (A&A) Committee, leading the establishment of
audit policies of the firm and answering technical questions for
the firm's governmental partner group as well as other
partners.
Joel was recently appointed as the AlCPA's sole representative to the Governmental Accounting
Standards Advisory Council (GASAC). The GASAC advises the GASB on strategic and technical issues,
project priorities, and other matters that affect standards setting. He also currently serves on the
AlCPA's State and Local Government Expert Panel and previously served on the Executive Committee
of the AlCPA's Government Audit Quality Center. As part of these committees, he assists in the annual
writing or updated of Accounting and Audit Guides used profession wide. He was also previously the
chairman for one of five national AlCPA task forces focused on improving the quality of Single Audits
within the auditing profession. His task force encompassed improving the testing of internal controls
and compliance.
Years of Professional Experience and Years with Firm
Joel has over twenty-seven years of experience in public accounting, twelve years of which was with
KPMG LLP serving a wide range of government clients. He joined Mauldin & Jenkins in 2004, becoming a
partner in 2005.
List of Governmental Clients Served in the Last Three 13} Years
Counties:Bristol, TN Powder Springs
Athens-Clarke Co.(CAFR)Brookhaven (CAFR)Roswell (CAFR)
DeKalb County (CAFR)Chattahoochee Hills Riverdale (CAFR)
Douglas County (CAFR)College Park (CAFR)Sandy Springs (CAFR)
Gwinnett County (CAFR)Decatur (CAFR)Suwanee
Forsyth County (CAFR)Doraville Toccoa
Jackson County (CAFR)Duluth
Hamilton County, IN Dunwoody (CAFR)Boards of Education:
Lumpkin County Fairburn (CAFR)Atlanta Public Schools (CAFR)
Orange County, NC (CAFR)Forest Park (CAFR)Bristol, TN Public Schools
Paulding County (CAFR)Jefferson Carrolton City Schools
Walton County (CAFR)Johns Creek (CAFR)Rome City Schools
Washington County, NC (CAFR)Kennesaw (CAFR)Cobb County Schools (CAFR)
Lawrenceville Forsyth County Schools
Cities:Lilburn Fulton County Schools (CAFR)
Alpharetta (CAFR)Peachtree Corners Gwinnett County Schools (CAFR)
INDUSTKY EXPERTISE / PROACTIVE SBRVICB / PHOVSN RESULTS
13
Mauldin
ENKINS
Prospect County
Proposal to Serve
Oconee County Schools
Walton County Schools
State of Georgia Entitles:
Ga. Department of Community
Health
Ga. Environmental Finance Auth.
(GEFA)
Ga. Environmental Loan
Acquisition Corp.
Ga. Higher Education Facilities
Authority
Ga. Lottery Corporation
Ga. State Financing & Investment
Commission
Other Governmental Units:
Atlanta Development Authority
Atlanta Beltline, Inc.
Atlanta Housing Opportunity, Inc.
Birmingham-Jefferson Co. Transit
Authority
Bristol Public Library
Chattahoochee River 911
Authority
Atl. Tax Allocation Districts (6)
East Point Retirement Plan
DeKalb County Public Library
Downtown Development
Authority of Atlanta
Fulton County BOE Retirement
System
Georgia Ports Authority Defined
Benefit Plan
Georgia Ports Auth. QPEB Plan
Georgia Ports Auth. Defined
Contribution Plan
Gwinnett County BOE
Retirement System
Gwinnett Center (Infinite Energy
Center)
Gwinnett Convention & Visitors
Bureau
Gwinnett County Development
Authority
Gwinnett County Public Library
Gwinnett County Water &
Sewerage Authority
Gwinnett County Retirement
Plan
Gwinnett County OPEB Health
Plan
Joint Sewerage System (Bristol,
TN & VA)
Public Building Authority of Knox
County
Private Colleges and University
Authority
Riverdale Downtown
Development Authority
Urban Residential Finance
Authority of Atlanta
Degree/Certifications and Audit Training
Joel graduated from Georgia State University with a Bachelor of Business Administration in Accounting,
Joei coordinates and leads the instruction of the free quarterly CPE provided to our government clients.
He also coordinates the Mauldin & Jenkins annual three day training for all governmental partners and
staff and also developed and instructed the internal training on the Risk Assessment Standards and
Clarified Standards for audits.
Joel has obtained and instructed a significant amount of continuing professional education over the last
three years including:
2019 M8d Government Client Training-3"* Quarter
2019 AlCPA Government Accounting and Auditing Conference, Washington DC - Instructor
2019 M8d Internal Government Conference - Instructor
2019 Georgia Government Finance Officers Association Webcast - Fiduciary Activities -
Instructor
2019 Georgia Tax Commissioners Panel Discussion - Instructor
2019 AlCPA, GAQC Annual Update National Webcast
2019 City of Dunwoody Accounting Conference - Instructor
2019 AlCPA, GAQC State and Local Government Audit Planning Webcast - Instructor
2019 M8d Government Client Training - 2"'' Quarter - Instructor
2019 UGA Carl Vinson Institute of Government-Annual GASB Update - Instructor
2018 South Carolina Society of CPAs - GASB 75 & GASB 87 - Instructor
2018 M8d Florida GASB Update - Instructor
2018 M8d Government Client Training - 3"* Quarter
INDUSTRY EXPERTISE / PHOACTIVe SERVICE / PROVEN BESULTS
14
]V^A U L DIN City of Milton
&TENKINS Proposal to Serve
2018 AlCPA Webcast - Single Audit Fundamentals - Instructor
2018 Georgia Government Finance Officers Association Annual Conference - Instructor
2018 AlCPA Government Accounting and Auditing Conference, Washington DC
2018 MSd Internal Government Conference - Instructor
2018 Georgia Government Finance Officers Association Webcast - Cybersecurity for local
governments - instructor
2018 City of Dunwoody Accounting Conference - Instructor
2018 GSCPA, Non-ProfIt Accounting and Auditing Conference - Instructor
2018 AlCPA, GAQC Annual Update National Webcast - Instructor
2018 MSd Government Client Training - 1st Quarter - Instructor
2018 Georgia Government Finance Officers Association Webcast - Using your actuarial
report- Instructor
2018 UGA Carl Vinson Institute of Government - Annual GASB Update - Instructor
2017 GSCPA, Government Accounting and Auditing Conference - Instructor
2017 MSd Government Client Training - 3'" Quarter - Instructor
2017 AlCPA Webcast - Accounting and Auditing OPEB - Instructor
2017 Georgia Government Finance Officers Association Annual Conference - Instructor
2017 Florida Society of CPAs - Governmental Conference - Instructor
2017 AlCPA Government Accounting and Auditing Conference, Washington DC - Instructor
2017 MStJ Internal Government Conference - Instructor
2017 Georgia Government Finance Officers Association Webcast - Financial Reporting
Model Re-examlnation - Instructor
2017 City of Dunwoody Accounting Conference - Instructor
2017 AGA, Atlanta Chapter Government Accountability Training - Instructor
2017 GSCPA, Non-Profit Accounting and Auditing Conference - Instructor
2017 AlCPA, GAQC Annual Update National Webcast - Instructor
Joel Is often a speaker at government accounting and auditing conferences, many of which are noted
above, and currently serves on the planning committee for the annual AlCPA Government Accounting
and Auditing Update Conference (GAAC), which is held in Washington DC. Joel serves as a Technical
Reviewer for the GFOA in the CAFR certificate of excellence In financial reporting program and also
served as one of eight senior managers on KPMG's professional practice and quality assurance team,
performing technical reviews on various Single Audit engagements from other offices throughout the
United States.
Joel was honored with the GGFOA's award for "Outstanding Service to the GGFOA" during the annual
conference held In Savannah in October 2017, recognizing his leadership and effort in providing service
and training on various topics affecting local governmental entities.
Professional and Civic Activities
Joel is a Certified Public Accountant and a member of the American Institute of Certified Public
Accountants, Georgia Society of Certified Public Accountants, the Government Finance Officers
Association, the Georgia Government Finance Officers Association, and the Association of Government
Accountants. He has previously served on the Zoning Appeals Board for the City of Sugar Hill, Georgia.
INDUSTRY eXPBRTISE / PfiOf>CnVS SERVICE / PROVEN RESULTS
15
Mauldin
&TeNKINS
City of Milton
Proposal to Serve
Erin Fraley, CPA
Manager
Erin Fraley is a manager and a certified public accountant with Mauidin
& Jenkins. Her experience covers a variety of state and local
government clients, and non-profit organizations.
Erin spends 100% of her time serving state and local governments. Her
primary responsibility is to perform the quality assurance reviews of
governmental financial and compliance audits.
Erin also has extensive experience with municipal bond issuances and
the respective services sought by underwriters and bond counsel
associated with such issuances.
Years of Professional Experience and Years with Firm
Erin has over twenty of experience in public accounting, all with Mauldin & Jenkins serving a wide range
of government clients.
List of Governmental Clients Served in the Last Three f3) Years
Counties:
Forsyth County (CAFR)
Lumpkin County
Paulding County (CAFR)
Walton County (CAFR)
Cities:
Brookhaven(CAFR)
Cartersville (CAFR)
Chattahoochee Hills
Decatur (CAFR)
Johns Creek(CAFR)
Kennesaw (CAFR)
Milton (CAFR)
Monroe (CAFR)
Peachtree Corners
Powder Springs
Roswell (CAFR)
Sandy Springs (CAFR)
Social Circle
Boards of Education:
Carrolton Board of Education
Cartersville Board of Education
Cobb County Board of Education (CAFR)
Douglas County Board of Education
Forsyth County Board of Education
Other Governmental Units;
Cobb County-Marietta Water Authority (CAFR)
Lumpkin County Water & Sewer Authority
Walton County Water & Sewer Authority
INDUSTRY EXPERTISE/PROACTIVE SERVICE / PROVEN RESULTS
16
Mauldin
&Tenkins
City of Milton
Proposal to Serve
Degree/Certifications and Audit Training
Erin graduated from Georgia College and State University with a B.B.A. in Accounting.
Erin has obtained a significant amount of continuing professional education over the last three years
including:
2019 Mauldin & Jenkins Annual Government Conference - Athens, Georgia
2018 GSCPA, Governmental A&A Conference - Atlanta, Georgia
2018 GASB Pension Standards Overview — Self-Study
2018 GFOA Annual Governmental GAAP Update — Webcast
2018 M8d you Conference - Lake Lanier islands, Buford, Georgia
2017 GSCPA, Governmental A&A Conference - Atlanta, Georgia
2017 Single Audits Under the Uniform Guidance - Self-Study
2017 Governmental Financial Reporting-Self-Study
2017 AlCPA Governmental Accounting and Auditing Update - Webcast
Professional and Civic Activities
Erin Is a Certified Public Accountant and a member of the American institute of Certified Public
Accountants, Georgia Society of Certified Public Accountants, the Government Finance Officers
Association, and the Georgia Government Finance Officers Association.
Will Derzis. CPA
Senior
Mr. Will Derzis Is a senior and a certified public accountant with
Mauldin & Jenkins specializing In serving local and state
governmental entities.
Will spends 100% of his time serving state and local governments in
Georgia and the Carolinas, and he works exclusively In the
governmental sector of the Firm's audit practice.
WIN has served a variety of clients including school districts and
other educational institutions, cities, counties, and other types of
governmental entities.
Years of Professional Experience and Years with Firm
Will has more than four (4) years of experience, with Mauldin & Jenkins, in public accounting serving a
wide range of government clients.
INDUSTRY BXPIRTISE / PROACTIVE SERVICE / PftOV£N HeSULTS
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Malldin
&Tenkins
City of Milton
Proposal to Serve
List of Governmental Clients Served in the Last Three f3) Years
Counties:
Gates County, NC
Halifax County, NC
Lumpkin County
Orange County, NC
Cities:
Brookhaven
Jefferson
Kennesaw
Milton
Monroe
New Bern, NC
Peachtree Corners
Powder Springs
Rockmart
Rome
Roswell
Sandy Springs
Social Circle
Stonecrest
Toccoa
Tucker
Selma, NC
Boards of Education:
Atlanta Heights Charter School
Bartow County Board of Education
Brookhaven Innovation Academy
Carrollton City Schools
Cherokee Charter Academy
Coweta Charter Academy
Douglas County Board of
Education
Murray County Board of
Education
Rome City Schools
Southwest STEM Charter
Academy
Other Governmental Units:
Austell Natural Gas System
Chatsworth Waterworks
Commission
Cobb County Marietta Water
Authority
Degree/Certifications and Audit Training
Will graduated in 2014 from the University of Tuscaloosa, Alabama with a Bachelor of Business
Administration in Accounting and subsequently, obtained his Masters of Accountancy from the
University of Alabama in 2015. Will is licensed as a CPA in the State of Georgia.
Will has obtained a significant amount of continuing professionai education over the iast three years
inciuding:
2019 Mauidin & Jenkins Annuai Governmentai Conference
2019 Thomson Reuters Audit Watch
2018 Mauidin 8i Jenkins Annuai Governmentai Conference
2018 Thomson Reuters Audit Watch
2017 Mauidin & Jenkins Annuai Governmentai Conference
2017 Thomson Reuters Audit Watch
Professional and Civic Activities
Will is a Certified Public Accountant and a member of the American Institute of Certified Public
Accountants and the Georgia Society of Certified Public Accountants.
INDUSTRY BXPEariSE / PROACTIVE SERVICE / PROVEN RESULTS
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Mauldin
&TeNKINS
City of Mliton
Proposal to Serve
Other Staff Resources (Technology Services and Fraud Examinations)
Jameson A. Miller. CPA. CISA
Director. Information Technoloav.
Cybersecuritv Consulting Services
Jameson Miller is a director and has been with Mauldin & Jenkins
since graduation from the University of Tennessee at Chattanooga. He
currently leads the firm's Information Systems and Cybersecurity
practice. For over 12 years, Jameson has provided audit services to
public and private entities throughout the Southeast. Jameson's
experience includes audits of general controls, application controls,
technical audits and security assessments for information systems.
His technical expertise includes performing vulnerability assessments and penetration testing of
information systems using both technical and social engineering techniques. Further, Jameson has:
Maintained current and relevant information technology and financial accounting
continuing professional education credits (CPE);
Obtained the American Institute of Certified Public Accountants' (AICPA) "Cybersecurity
Advisory Services" and "Biockchain for Accounting and Finance" Certificates;
Presented a 2018 CPE webinar for the Georgia Governmental Financial Officers
Association (GGFOA) members entitled, "Cybersecurity Trends and the AlCPA's
Cybersecurity Risk Management Program;"
Presented a 2018 CPE breakout session entitled, "What is Biockchain and Why Should I
Care?" for the GGFOA's Annual Conference;
Presenting an upcoming session for the Georgia Society of CPAs Non-profit conference,
"Technologies Transforming Accounting."
Kris Trainor. CPA and CFE
Certified Fraud Examiner
Kris Trainor is a partner with Mauldin & Jenkins. Kris received his BBA in
Accounting from Georgia Southern University. Since joining Mauldin 8i
Jenkins in 1995, Kris has worked primarily on audit and consulting
engagements. His experience ranges from fraud examinations, agreed-
upon procedures, internal audits, financial statement audits, lender
compliance, mortgage company audits, governmental audits and loan
servicing compliance audits.
INDUSTRY fxpfflnsc / PROACTIVESEHVICl / PBOVfW RESULTS
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MAULDIN CitvofMiiton
ENKINS Proposal to Serve
He is available to perform forensic audits should it be determined that such audits are needed in lieu of
other traditional audits (financial, compliance, performance, agreed-upon procedures, etc.).
Other Staff Auditors & Accountants
Prior experience with government audits is as important for the staff as it is for management.
Experience in governmental accounting and auditing minimizes the amount of time the staff will require
to fuily understand the complexities of the operations and financial accounting and reporting systems.
Prior experience also enables the staff to recognize problems early in the engagement. This, in turn,
allows the desired early consideration and resolution of problems. All staff assigned to the City's
engagement will have prior experience serving government clients and/or will have substantial
government audit training. All staff assigned to the City will be on-site throughout the entire
engagement.
We would like to stress the fact that the majority of our governmental staff work on state and local
governments 100% of their time. This reduces the "learning curve" on most all audits by reducing the
amount of "on-site training" that occurs at most national accounting firms. This is very evident in our
proposed hours, which are typically much less than that of other firms. Our staff knows what is required
and how to get the work done efficiently and effectively. Our staff members understand the laws and
regulations specifically pertinent to Georgia entities. We also normally have more high-level hours of
service by our partners and managers (In the conduct of fieldwork) than the national firms, thereby
reducing redundancy and other audit engagement Inequities. We bring our experience to the field
where timely decisions can be made.
Partner & Staff Continuity
We are committed to providing continuity of our engagement team members. We recognize that this is
also an important factor for the City as it limits the amount of retraining that needs to be performed
each year. Our staff retention rates of approximately 84% are considered to be among the best in the
profession. We are able to not only provide consistency with the partners and managers on our
engagement teams, but seniors and staff as well.
Retention > 84%
This indicates that we retain 84% of our staff for a minimum of five (S) years.
It is also our goal to minimize disruptions to your management personnel by staffing the engagement so
as to provide continuity, both during and between audits, it is the Firm's policy not to rotate key audit
staff, consultants or specialists off a multi-year contracted audit engagement. Consequently, it is not
anticipated that any key audit personnel will be rotated away from this annual audit, in any business,
however, turnover is inevitable. When this happens, we will provide resumes of suggested
replacements and any changes In key personnel would always be discussed timely with officials to their
satisfaction.
INDUSTRY EXPERTISE/PROACTIVESERVICE/PROVEN RESULTS
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Mauldin
&Tenkins
City of Milton
Proposal to Serve
Continuing Education of Partners and Staff
All members (i.e., partners) and staff of Mauldin & Jenkins receive substantial continuing education in
audit and accounting - typically over 100 hours of such study per year. As soon as a staff person
becomes a key ingredient to any type of niche service such as governmental audit, accounting and
consulting, specific continuing education is sought. A good example includes sending our staff with over
one year of governmental audit experience to various GFOA and AlCPA training for audit, accounting
and financial reporting courses.
All partners and staff serving in the governmental sector join together in July each year for the M8d
Annual Governmental Conference in which three days worth of audit, accounting and financial reporting
training is provided.
Mauldin & Jenkins also provides week long audit efficiency training via Audit Watch every June to all
staff persons with less than five years experience. Further, every July staff persons from various levels
of experience are provided with four days of training relative to the conduct of Single Audits and the
preparation of Comprehensive Annual Financial Reports (CAFR's).
Client References
Similar Clients
In addressing the City's interest in the qualifications and client references of Mauldin & Jenkins and the
request for audits performed for local governmental units in the last three years, we have elected to
report on three cities which most closely resemble the City of Milton in size and services (total staff
hours). Should management of the City need some additional references, we would be happy to
provide such data. The three cities we audit (In addition to auditing the City of Milton for the last twelve
fiscal years) which most closely resemble the City are noted as follows;
1) City of Roswell, Georgia
General Information City government with approximately 95,000 in population and total
assets In excess of $344 million with approximately $120 million in
revenues. City provides numerous services including: water, sewer,
solid waste collection and disposal, public safety, parks and
recreation, community development, and other usual and customary
services to its citizens. Financial & compliance audits; Single Audits;
and Certificate of Achievement awarded by GFOA.
Scope & Type of
Engagement
Financial audits and compliance audits in accordance with Uniform
Grant Guidance (UGG).
Dates June 30, 2004 through present
Client Executives Adam Fraley and Joel Black
Total Hours 550 hours
Contact Information Ryan Luckett; 770-594-6412
INDUSTRY [XPBRTISC / PROACTIVe SfRVICS / PROVeN RESULTS
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Mauldin
&Tenkins
City of Milton
Proposal to Serve
2) City of Alpharetta, Georgia
General Information City with population of approx. 39,000. Assets and revenues of
approx, $123 million and $33.9 million. Solid Waste, Stormwater, and
parking deck operation business type operations. CAFR prepared and
GFOA Certificate awarded.
Scope SiType of
Engagement
Financial audits and compliance audits In accordance with Uniform
Grant Guidance (UGG).
Dates June 30, 2005 through present
Client Executives Adam Fraley and James Bence
Total Hours 450 hours
Contact Information Tom Harris; 678-297-6096
) City of Tucker, Georgia
General Information City with population of approx. 37,000. Assets and revenues of
approx. $14 million and $14.5 million. Operations include judicial,
public works, community development and culture and recreation.
CAFR prepared and GFOA Certificate awarded.
Scope & Type of
Engagement
Financial audits and compliance audits.
Dates June 30, 2017 through present
Client Executives Adam Fraley and Joel Black
Total Hours 150 hours
Contact Information Toni Jo Howard; 470-289-0942
We authorize representatives of the City of Milton to contact the clients listed above in reference to the
audit services Mauldin & Jenkins has provided to the respective entities. If additional references or
information is desired, we will be happy to provide that.
Adam Fraley,
Clients Lost
As requested by the City, we have listed below the five largest clients Mauldin & Jenkins has lost in the
past three years along with a brief description of the reason. It should be noted that none of the losses
were due to unresolved auditing or accounting matters, but rather changes resulting from the typical
course of business, such as buyouts and re-bid processes.
Hamilton State Bancshares, Inc. - acquired by Ameris Bancorp
Blue Ridge Nursing Homes, Inc. - sold to another entity
City of New Bern, NC-standard re-bid and Mauldin & Jenkins lost to a lower bidder
Lincoln County, GA - new management resulted in change in auditor
Central Midlands Regional Transit Authority (SC) - standard re-bid and Mauldin & Jenkins lost to a lower
bidder
INDUSTRY EXPERTISE/PROACTIVESERVICE/PROVCNRCSUITS
22
^N/TaULDIN CityofMilton
&JENKINS Proposal to Serve
Firm Approach and Methodology
Type of Audit Program
Our audit will include advanced methodologies and technology, tests of the accounting records and such
other auditing procedures as we consider necessary in the circumstances, which include, but are not
limited to, those procedures necessary to test compliance and to disclose non-compliance with specified
laws, regulations, and contracts.
We will use Firm manuals specifically designed for governments to develop audit programs tailored to
the City which Incorporate the requirements set forth above. After performing a detailed risk
assessment, we will select audit procedures for each audit area designed to address the risk level and
test the related balances accordingly. We anticipate that these procedures will enable us to express our
professional opinion that the financial statements of the City present fairly, in all material respects, the
financial position and results of operations of the various opinion units in conformity with accounting
principles generally accepted In the United States of America.
Statistical Sampling Techniques
Our approach is evolving to utilize Ai tools to scan entire populations and is fast eliminating the need for
sampling. In some situations, sampling will still be necessary or required. When we utilize audit
sampling, we do so as provided in U.S. Auditing Standards AU-C Section 530, Audit Sampling. We would
plan to utilize audit sampling whenever a decision is made to apply a specific audit procedure to a
representative sample of Items within the account balance or class of transactions with the objective
being reaching a conclusion about the entire balance or class.
We anticipate using audit sampling on the following types of audit tests:
• Substantive tests of details of balance sheet account balances
• Substantive tests of details of transactions
• Tests of controls
• Tests of compliance with laws and regulations
Our use of audit sampling will be based on the guidance in AU-C Section 530 and the AlCPA Audit and
Accounting Guide - Audit Sampling.
Type and Extent of Analytical Procedures to be Used in the Enaaaement
- Analytical procedures can be applied to almost every financial
statement amount and are often less costly to apply than tests
of details. It is, therefore, an efficient audit strategy to employ
analytical procedures to the maximum extent possible, and
vary the required extent of substantive tests of details
inversely with the degree of assurance already obtained.
Types of analytical procedures employed will Include:
• Reviewing changes from prior years for reasonableness.
INDUSTRY EXPCRTISe / PROACTIVE SERVICE / PROVEN RCSULTS
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Mauldin
(fejENKINS
City of Milton
Proposal to Serve
• Scanning accounts for items larger or smaller than expected when compared to budgets or
forecasts.
• Reviewing and comparing logical relationships between years (e.g., payroll taxes and
benefits to wages, etc.). Comparisons between years can be made more effective when
logical relationships between elements of the financiai statements that would be expected
to conform to the predictable pattern are used to develop trends. This is primarily
accomplished through the use of ratios.
• Analyzing and comparing nonfinancial information, such as number of taxable properties,
geographical area, number of employees, etc.
All analytical procedures performed as substantive tests are documented on each applicable audit
program.
Proposed Segmentation of Audit Team and Segmentation of Engagement
Our professionals, who are knowledgeable with respect to audit requirements for governmental
entities, will be assigned based on their expertise with respect to each segment. Our audit is enhanced
by our utilization of advanced technology tools. With those tools we continue to evolve and modernize
our audit process. Our audit procedures, related documentation and quality review will be segregated
by each segment as follows based on our review of the City's prior financial statements, budgets, and
other information available:
Segmented Hours by Staff Level
Segments
Engagement Team Members by Level
Partner Manager Senior Staff Total
Segment l-Planningand Interim 4 4 8 8 24
Segment II - Final Audit Fieldwork 20 20 70 50 160
Segment III - Review, Completion &
Delivery Procedures 16 20 16
o
CO
Total Engagement 40 44 94 66 244
Understanding of Audit Objectives
The overall objective in serving the City is to determine whether the financial statements present fairly
the respective financial position of the governmental activities, each major fund, and the aggregate
remaining fund information and the respective changes in financial position in conformity with
accounting principles generally accepted in the United States of America. In addition, to determine
whether the combining and individual non-major fund financial statements are fairly stated in all
material respects in relation to the basic financial statements taken as a whole.
The audit will be conducted in accordance with auditing standards generally accepted in the United
States of America, promulgated by the American Institute of Certified Public Accountants (AlCPA) and in
accordance with: Government Auditing Standards issued by the Comptroller General of the United
States; the provisions of the Federal Single Audit Act, the audit requirements of Title 2 U. S. Code of
Federal Regulations Part 200 Uniform Administrative Requirements, Cost Principles, and Audit
INDUSTRY eXPCRTISe / PBOACTIVE SERVICE / PROVEN RESULTS
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^^AULDIN City of Milton
&JENKINS Proposal to Serve
Requirements for Federal Awards (Uniform Guidance) standards (as applicable); and, the Official Code of
Georgia Annotated.
We will perform tests of compliance with certain provisions of laws, regulations, contracts, and grants,
noncompliance with which could have a direct and material effect on the determination of financial
statement amounts. Providing an opinion on compliance with these provisions is not an objective of the
audits. However, the results of the tests disclosing instances of noncompliance and other matters will be
reported as required under Government Auditing Standards.
We will perform the audit for each fiscal year to meet the objectives listed in section 3.4 Audit
Objectives of the RFP (as required and applicable) and will issue the corresponding reports identified in
section 3.5 Detail Services Required: Reporting Requirements (also as required and applicable). All
reports will be issued on or before the deadlines specified by the City.
Use of Technology
Artificial Intelligence (Al).
Mauldin & Jenkins is excited to be one the first accounting firms in the Southeast to utilize an artificial
intelligence tool as part of our audit process - the Ai Auditor from Mindbridge. The Ai Auditor allows
for us to scan 100% of your transactions and provide new risk based insights during the audit (such as
anomalous transaction patterns found). These risk based insights can be opportunities to correct
mistakes or point to areas where there may be malicious activity. As part of our audit methodology, Ai
systems are becoming what sampling used to be. Sampling was a coping mechanism for big data; the
new coping mechanism for big data is Artificial Intelligence (AI). As the amount of data in the City
increases, tools like these are more and more necessary to ensure we can provide you the highest
quality audits and advice.
100% data analysis Redefining reasonable assurance Identify risk, in seconds
The MindBridge AI Auditor was selected as one of the top new products by Accounting Today Magazine.
INDUSTRY eXP£HT]S£/PHOAaiveSERVICE/PROVEN RESULTS
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Mauldin
jfejENKINS
City of Milton
Proposal to Serve
At the start of the engagement during our planning phase, we will assess the computer systems used by
the City and plan how to utilize the Ai Auditor along with our trial balance software. This knowledge and
utilization of our trial balance software will decrease time spent In initial file setup, trial balance setup,
and data integrity testing. This approach and utilization of both programs will allow for more effective
audits resulting in a fast sort, filter and analysis of transactions in a population, and provide for drilling
down on those items that have the highest risk. Examples of uses of extraction and data analysis in our
audit approach are as follows;
Full coverage, 100% transaction analysis;
Use of transaction analysis to provide new risk based insights during the audit (such as
anomalous transaction patterns found) and allow for directed audit effort of unusual or
outlier transactions;
Analyzing general ledger detail transactions and journal entries for effective and efficient
testing of all activity for the fiscal year as compared to the prior year;
Summarizing disbursements for a period by dollar range and compare to policy guidelines
for complying with certain attributes (approvals and signature requirements, etc.);
Searching check register listings for unrecorded items or checks written during the fiscal
year;
Converting bank or investment activity statements to Excel to provide for a quick listing of
deposits for an entire period/year;
Converting vendor file information to Excel and comparing employee files with addresses for
any similar or unusual items related to vendor files;
Downloading trial balances, detail journals, and selected transaction files into our software;
Quick reporting and dashboards for the engagement team.
The trial balance downloaded will then be used to agree to the ultimate draft of the City's financial
statements ensuring that all adjustments and balances are brought forward Into the financial
statements and providing a clean audit trail for review and support of the City's financial statements.
Should the City desire a need for our Ai Auditor software for non-audit purposes, we would be happy to
assist management with our expertise in data analysis.
INDUSTRY eXPlRTISe / PROACTIVE SEKVICE / PBOVCW RESULTS
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Mauldin
ENKINS
City of Milton
Proposal to Serve
Dynamic Audit Solution in Development
Mauldin & Jenkins is one of 38 of the top 100 CPA firms in the nation who have invested in the AiCPA's
new revoiutionary audit tool and methodoiogy - the Dynamic Audit Solution (DAS). The DAS is a
transformational audit methodoiogy brought to iife through an innovative, cioud-based technoiogy
soiution. it inciudes the AiCPA evolving the auditing standards and creating new innovative audit
methodoiogies to advance the financiai statement audit using evoiving technoiogies. This project is on
going and was started in 2018. it is estimated to be compieted in the next two to three years. Beiow is
a picture of how the audit methodoiogy wiii invoive: the addition of a step prior to or during the
pianning phase of the audit in which we wiii "taiior and master" the auditee's data, remove oid outdated
audit procedures, and add transformationai audit procedures (data anaiytics, Ai, and Machine Learning).
Planning is bifurcated to
have a new element -
"mastering the data", where
all elements Identified that
will drive the tailoring
(industry, financial
statement elements, G/L,
S/L, other packages,
regulatory demands, etc.
Tailoring and Mastering Data
Ineffective / bad parts
of old methodology
are thrown away
Audit Pianning
A date-driven "understanding
of the entity". In addition to
traditional conceptual
understanding.
Transformative methodologies
available in DAS when data
and skills are available execute
on these,
Less transformative options
remain available (when
needed).
o
New Methodology
New Standards
Data Analytics
Machine Learning
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MaULDIN City of Milton
&TeNK1NS Proposal to Serve
The DAS will be an interactive tool with a "guided audit engagement process". The auditee and auditor
will both have access to the tool with requests for information being made through the tool along with
responses and uploaded data. The confirmation process, including the use of confirmation.com, will be
integrated with the DAS tool. Both auditee and auditor would be able to see progress and status
updates using the tool creating a collaborative environment for bringing the audit to conclusion. Many
functions, forms, and even financial statements within the tool will be "smart" forms, with data being
input only once and populating In many places throughout the audit documentation - making for an
efficient and effective audit. Given the timeframe of the request for proposal, it Is expected that this
transformational new audit tool will be utilized on the audit of the City in later years of the initial
contract period.
Communication Process
In addressing any issue, communication and timely resolution are critical. Mauldin & Jenkins prides
itself in developing professional relationships and rapport with clients which facilitate open and honest
communication. Mauldin & Jenkins' stance would be based on reporting meaningful information to the
financial statement users, but understanding that the financial statements are the City's
representations. To do less would compromise our independent status.
We use the following approach to seek a mutually agreeable resolution of accounting & reporting issues.
Step 1 Define and understand the issue through discussion with the City's management and
verified audit information.
Step 2 Make an initial assessment of the impact of alternative accounting treatments.
Step 3 If the impact has significant potential, gather research which may include the following:
obtain the City's research and rationale for their position; gather additional details;
draw on common practices within other Georgia governments or other similar sized
governments; utilize recognized Firm experts.
Step 4 Discuss with City staff the Firm's preferred position and rationale.
Step 5 Resolve the issue.
Timeline and Work Plan
The below time frames are estimates based on our understandings with the City as to Its desires. We at
Mauldin & Jenkins would be flexible in the timing of certain events as requested by the City. As noted in
the table below, we want to work with City personnel in an effective manner. We intend to do a great
deal of planning and tailoring of our approach from our initial visits. We do not want our clients to feel
that they have to reinvent the wheel every time we ask for something. However, to make this process
cost the City as little as possible (both in dollars and their individual time), it is important to start only
when ready and avoid auditing a moving target.
INDUSTRY EXPERTISE /PROACTIVE SCKVICE / PKOVEN RESULTS
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^^AULDIN City of Milton
&|ENKINS Proposal to Serve
The foMowing table attempts to depict the timing and key elements of the planned audit process:
Timing of Audit Process & Procedures
Segments ^ ^
Segment I • Planning and Interim Procedures
Ongoing consultation on major issues & developments throughout
the year, and greater discussions as year end approaches (such as
new 6ASB standards).
Meet management to discuss audit risks and scopes.
Engagement team planning meetings and performance of Interim
audit procedures.
Update understanding of significant processes & key controls. .3
Perform testing of key controls with goal of reducing substantive |
audit testing. |
Detemine nature, timing and extent of substantive tests to be I
performed. |
Finalize audit plan based on results to-date. ^
Segment 11 - nnal Audit Field work Procedures
Perform substantive tests (detail testing of respective general
ledger/trial balance accounts, and final analytical procedures & key
ratios & relationship of financial data).
Conduct a final evaluation of risk assessments.
Conduct of progress meetings with management as needed and as
often as desired.
Preparation and delivery of draft comprehensive annual financial
report (CAFR), reports, findings, management letter comments, and
any other deliverables.
Meeting with management to discuss draft deliverables and final
completion and presentation time frames.
Segment III - Review, Completion & Delivery Procedures
Upon management's review, delivery of CAFR, internal control
reports, and management letter to management.
Presentation of audit deliverables to the governing board.
I
wm
INDUSTKY eXPCRTISe / PROAaiVE SERVICE / PKOVEN RESULTS
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MaLILDIN City of Milton
&J ENKINS Proposa\ to Serve
Work Sample
We have provided the June 30, 2018 CAFR and Single Audit report for the City of Sandy Springs as a sample
of our work as a separately bound document included with the proposal package. Please note that
Mauidin & Jenkins has also prepared the CAFR for the City of Milton for the past twelve years.
Financial Stability
Per question #2 in the Addendum to the RFP, the City has agreed to review the required financial
information during the contract negotiation phase. Mauidin & Jenkins will be happy to provide the
requested information at that time.
Closing
We appreciate the opportunity to continue to serve the City of Milton. We believe Mauidin & Jenkins is
the "right" Firm for the City. Our experience and knowledge in the governmental sector of accounting is
vast and ever-improving. We would be very pleased to continue sharing our experience and
understanding of governmental accounting and operations for the benefit of the City.
We would greatly appreciate your recommending us for your continued audit, accounting, and financial
reporting needs. Should you or anyone at the City have any questions with regards to this proposal or
about Mauidin & Jenkins, please feel free to contact us.
Mauldin
&,Tenkins
INDUSTRY IXPIKTISE / PROACTIVE S£ltVICC / PflOVfW RCSULTS
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MaULDIN City of Milton
&TENK1NS Proposal to Serve
Appendix A
Completed Questionnaire
INDUSTRY BXPEnriSe / PROACTIVE SERVICE / PROVEN ffSSULTS
MAULDIN City of Milton
ENKINS Proposal to Serve
To be answered by Firm:
Section A - General Information
1. Firm Name: Mauldin & Jenkins. LLC
2. Contact Person: Adam Fralev Telephone #: 678-742-6771
Address: 200 Gailcria Parkway. S.E.. Suite 1700. Atlanta. Georgia 30339
3. Firm FEl Number: 58-0692043
4. Finn's Georgia CPA State License Registration Number: 350
5. Type of Accounting Practice (place an "X" next to the appropriate response)
a. Individual
b. X Partnership
c. Corporation - Give name of the State where incorporated:
Section B - Firm's Qualitj' Program for Audits
(Please answer each of the following questions by placing an "X" in tlie appropriate column at
the right.)
CHECK ONE
YES NO
1. Quality Control: Does the Firm have internal procedures to ensure
proper quality control for its governmental audit assignments?
(Ifyes, ATTACH A DESCRIPTION OF THE PROCESS) X
Phase see the (liscussion in reuarils to our Internal Qiittlify Review
Process indmhd in the sectian: Qiiality Control and Peer Review,
2. Quality Review- Does Firm paiticipate in an External Quality review
program every 3 years? (If yes, ATTACH A COPY OF LAST PEER
REVIEW OR QUALITY REVIEW REPORT AND LETTERS OF
COMMENT.) PLEASE ENTER ENDING DATE OF LAST PERIOD
COVERED BY REVIEW (May 31, 2017 with report dated October
30. 2017. .Wo Letter of Comment received due to no such comments
warranted. See section: Quality Control and Peer Reriew.)
If no, explain the reason and your plan to participate. X
3. Professional Membership: Do the partners of the Firm belong to either
the AICPA or the Georgia Society of CPAs? X
4. Proper License: Is Firm properly licensed to practice public accounting
in Georgia? X
INDUSTHY eXPeRTISe / PROACTIVE SERVICE/ PROVCN HISUITS
MaULDIN City of Milton
&TENK1NS Proposal to Serve
5. Special Govemmental Audit Requirements: Is Firm familiar with the
AICPA's ethical ruling called Interpretation 501-3, "Failure to Follow
Standards and/or Procedures or other Requirements in Governmental
Audits"? (According to this ruling, if a CPA agrees to follow specified
standard, guides, rules and procedures in addition to GAAS. then the
CPA is OBLIGATED to follow all such requirements. Also, the auditor
must report any deviations from the agreed-upon engagement
procedures.) X
6. Subcontracts: Does Firm agree not to subcontract any work required
without the prior express written consent of the City? X
7. Federal Audit Laws and Rules: If federal audit work is required, does
Firm agree to perform the audit work in accordance with the Single
Audit Act of 1984, the Single Audit Act of 1996. the provisions of
0MB Circular A-133 and AICPA Statement of position 98-3, as
necessary? X
8. Confidentiality: Does Firm agree not to publish or distribute any
information concerning work done for City, except as provided by law
or rule? X
9. Access to Records and Workpapers: Does Firm agree to keep
workpapers and reasonable records to support work claims for at least
5 years and make them available for audit or review by any authorized
parties?
10. Other Federal and State Laws and Rules: Does Firm agree to comply
with all other Federal and state laws, rules and regulations which pertain
to this engagement? X
11. Independence: Does Firm meet the independence standards of the
current "'Government Auditing Standards", issued by the Comptroller
General? (If'"No", attach a brief summary of facts.) X
12. Continuing Education: Does Firm have sufficient staff who meets
continuing professional education requirements for government audits
as set forth in "Government Auditing Standards"? X
13. Conflict of Interest: Does Firm declare that there is no public or private
interest, which would conflict in any manner with performance of an
audit for the auditee or would violate any laws of the State of Georgia? X
INDUSTKY EXPERTISE / PROACTIVE SERVICE / PROVEN RESULTS
^'^AULDIN City of Milton
&JENKINS Proposal to Serve
14. No Substandard Work; Does Firm and all proposed Audit Team
Members have a record of an acceptable standard of audit work?
(Contractor Firm must answer this question "No" if the Finn or any
Audit Team Member has received an enforcement action for
substandard audit work during the past tlirce years or has a related
investigation pending by a professional or regulatory group. Attach a
brief summary of any enforcement actions.) X
15. Ethics: Does Firm certify that its proposals are made without collusion
or fraud and tliat it has not offered or received any kickbacks or
inducements from any other auditor, supplier, manufacturer or
subcontractor in connection with tlieir proposals, and that it has not
conferred on any government entity employee having official
responsibility for this procurement transaction any payment, loan,
subscription, advance, deposit of money, services or anything of more
than nominal value, present or promise, unless consideration of
substantially equal or greater value was exchanged; that it is not in
violation of the Official Code of Georgia Annotated, Sections 16-10-2
and 16-10-22, for acts of bribery and/or conspiracy in restraint of free
and open competition in transactions with state or political
subdivisions? X
16. Provisions of RFP: Docs Firm agree to abide by all General Terms and
Conditions and Special Terms and Conditions specified in the RFP? X
FIRM CERTIFICATION STATEMENT
We certify that the information contained herein is accurate and fair to the best of our
knowledge. We understand that the inclusion of false information may result in rejection of the
proposal submitted in response to this RFP.
Mauldin & Jenkins. LLC September 10. 2019
Firm Name Date
Signature of P^parer
INDUSTFY EXPERTISE / PltOACTIV£ SEHVICE / PROVEN RESULTS
^4aULDIN City of Milton
&TeNK1NS Proposal to Serve
Appendix B
Required RFP Forms
INDUSTRY EXPEHVSE / PROACTIVE SfltVICe/PHOVBN HESULTS
I RFP 19-FI03
i ii
V L . '
ESTABLISHED 200C)
CITY OF MILTON DISCLOSURE FORM
MUST BE RETURNED WITH PROPOSAL
This form Is for disclosure of campaign contributions and family member relations with City
of Milton officials/employees.
Please complete this form end return as part of your RFP package when it is submitted.
Nome of Offerer Mauldin & Jenkins
Nome 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.)
None
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 Officiol.
Amount/Value Description
N/A
Please list any family member that is currently (or has been employed within the last 12
months) by the City of Milton and yourrelation:
None
I RFP 19-FI03
K/i I I i i JI V
tiTAUU51ltD200a
RFP# 19-FI03
PROPOSAL LETTER
MUST BE RETURNED WITH PROPOSAL
We propose to furnish and deliver ony and all of the deliverables, services and fees
nomed In the Request for Proposal (RFP 19-F103) City of Milton External Audit Services.
It Is understood and agreed that we hove read the City's specifications shown or
referenced In the RFP and that this proposal Is made In occordance with the provisions
of such specifications. By our written signature on this proposal, we guarantee and
certify that all Items included meet or exceed any and all such City specifications. We
further agree. If awarded a contract, to deliver goods and services which meet or
exceed the specifications. The City reserves the right to reject any or all proposals,
waive technicalities, ond Informalities, and to moke an award In the best Interest of the
City.
PROPOSAL SIGNATURE AND CERTIFICATION
i understand collusive bidding Is a violation of State and Federal Law and can result In
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of
the proposal and certify that I am authorized to sign for my company. I further certify
that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq.
has not been violated and will not be violated in any respect.
Print/Type Name Adam Fralev
Authorized Slanoture Date.
Print/Type Company Name Here Mauldin & Jenkins
RFP 19-F103
Mi L i OInV
ESTABLISH£D2006
CONTRACTOR AFFIDAVIT AND AGREEMENT
MUST BE RETURNED WITH PROPOSAL
STATE OF GEORGIA
CITY OF MILTON
8y executing this affidavit, the undersigned controctor verities its compliance with O.C.G.A. § 13-
10-91, stating oftirmatively that the individuol, tirm, 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-Verity, 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 fhe physical performance of services in satisfaction of such contract only with
subcontractors who present an affidavit to the contractor v/ith 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:
105410
e-Verify Number
March 6, 2008
Date of Authorization
Mauldin & Jenkins
Name of Contractor
Externol Audit Services
Name of Project
Citv of Milton. Georoia
Name of Public Employer
! hereby declare under penalty of perjury
that the foregoing is true end correct.
Executed on ^ ."A . 20>\ in tWVt\Jcitv).
Istate).
Signatjjre of Authorized Officer or Agent
\Kf \S\t ?)e)\-py
Printed Name and Title of Authorized Officer
or Agent
SUBSCRIBED AND SWORN BEFORE ME ONTHIS THE 9 DAY OF d-yut. .2019.
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires; ^ ^
MaULDIN CityofMilton
&JENKINS Proposal to Serve
Appendix C
Peer Review Report
INDUSTRYIXPlKTISi/PROACTIVCSERVICE/PROVEN RESULTS
^^/TaULDIN City of Milton
&JENKINS Proposal to Serve
D PBMares.
Report on the Finn's System of Quality Control
To the Shareholders of Mauidin & Jenkins, LLC
and the National Peer Review Committee:
We liave reviewed the system of quality control for the accounting and auditing practice of
Mauidin & Jenkins, LLC (the fhm), applicable to engagements not subject to PCAOB permanent
inspection, in effect for the year ended May 31. 2017. Our peer review was conducted in
accordance witli tlie Standards for Performing and Reporting on Peer Reviews established by the
Peer Review Board of the American Instittite of Certified Public Accountants (Standards).
A summary of the nature, objectives, scope, limitations of. and the procedures performed in a
System Review as described in tlie Standards may be found at www.aicpa.org/prsummary. The
summary also includes an explanation of how engagements identified as not performed or
reported in conformity witli applicable professional standards, if any, are evaluated by a peer
reviewer to determine a peer review rating.
Firm's Responsibilit}'
The finn is responsible for designing a system of quality control and complying with it to
provide the fimi with reasonable assurance of perfonning and reporting in conformity with
applicable professional standards in all material respects. The firm is also responsible for
evaluating actions to promptly remediate engagements deemed as not performed or reported in
conformity with professional standards, when appropriate, and for remediating weaknesses in its
system of quality control, if any.
Peer Reviewer's Responsibility
Our responsibility is to exqiress an opinion on the design of the system of quality control and the
firm's compliance tlierewith based on our review.
Required Selections and Considerations
Engagements selected for review included engagements performed under Government Auditing
Standards, including compliance audits under the Single Audit Act; audits of employee benefit
plans, an audit performed under FDICL4, and examinations of service organization's SOC 1 and
see 2 engagements.
As part of our peer review, we considered reviews by regulatory entities as communicated by the
firm, if applicable, in determining the nature and extent of our procedures.
PBMirai, LLP j 7JS Jackson Street, Suits 310 | Pradericksburg, VA 22401 | P S40J71.J566 j l.aOOJV6.Sno | F 540.571.3S9a
INDUSTRY EXPERTISE / PROACTIVE SgflVfCf / PHOVEN RESULTS
^/IaULDIN City of Milton
&JENKINS Proposal to Serve
-2-
Opinion
In our opinion, tfie system of quality control for the accounting and auditing practice of Mauldin
& Jenkins, LLC applicable to engagements not subject to PCAOB permanent inspection in effect
for ttie year ended May 31, 2017, has been suitably designed and complied with to provide the
firm witli reasonable assurance of performing and reporting in conformity wifli applicable
professional standards in all material respects. Firms can receive a rating of pass, pass with
deficiency(ies) or fail. Mauldin & Jenkins, LLC has received a peer review rating of pass.
PSMcure^', LLP
PBMares, LLP
October 30, 2017
INDUSTKY EXPERTISE / PROACTWZ SEKVICE / PROVEN RESULTS
MaULDIN CityofMilton
&IENK1NS Proposal to Serve
Appendix D
Addendum to RFP
INDUSTRY eXPCRTISE/PROACTIVE SERVICE/PROVEN HESULTS
I . !\
EST.\BUS11£D2006
ACKNOWLEDGEMENT
RECEIPT OF ADDENDUM #1
RFP 19-FI03
upon receipt of documents, please email, fax or mall ttiis page to:
City of Milton
Attn: Honor Motes, Procurement Manager
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2500
Fax: 678-242-2499
Email: honor.motesQcltvofmiltonaa.us
I hereby acknowledge receipt of documents pertaining to the above
referenced RFP.
COMPANY NAME: Mauldin & Jenkins
CONTACT PERSON: Adam Frolev
ADDRESS: 200 Galleria Pkwv.. Suite 1700
CITY: Marietta STATE: GA ZIP: 30339
PHONE: 678-742-6771 FAX: 678-742-6788
EMAIL ADDRESS: afralev@mtcpa.com
Signature ^
ADDENDUM #1
RFP 19-FI03 Addendum #1 1 | Page
ADDENDUM #1
RFP 19-FI03
Questions and Answers
This Addendum forms a part of the contract documents and modifies the
original RFP documents as noted below:
(1) We have noted the maximum page number requirements on pages 15 and
35 of the RFP. Would it be acceptable for proposing firms to use flexibility within
the categories listed on page 35 to the extent that some responses may take
more or fewer pages than those listed in letters A-F on page 35, as long as the
total number of pages does not exceed the maximum 30 single-sided or 15
double-sided noted on page 15? Yes, that will be acceptable.
(2) In reference to section 4.8 on page 35 of the RFP, can proposing firms present
the necessary financial information for review by the City prior to execution of
the contract, rather than including with the proposal? We have no problem
waiting to review this information during the contract negotiation phase.
RFP 19-FI03Addendum#1 2 j Page
678-742-6771
www.mjcpa.com
MAULDIN & JENKINS rri I
I
"To
RFP 19-FI03
\ /I
CSTABLIS1UD2006
MUST BE RETURNED WITH PROPOSAL - IN SEPARATELY SEALED ENVELOPE
One (1) original and two (2) copies shoil be submitted in o separate sealed envelope
before ttie required deadline. The offerer's cost proposal shall be signed by an
authorized agent of the company. There is no maximum page limit to sections.
The undersigned bidder, having familiarized themselves with the work required by
the RFP, the bid documents, the site where the work is to be performed, all laws,
regulations, and other factors affecting performance of the work, and having
satisfied itself/himself/herself of the expense and difficulties attending performance
of the work: Hereby proposes and agrees, if this bid for the above named project is
accepted to enter into a contract to perform all work necessary to the successful
completion of the contract; and to supply all required submlttals as Indicated or
specified in the RFP and the bid documents to be performed or furnished by bidder
for the total contract price of:
• Year 1 Price: $31,000
Year 2 Price: $32,000
Year 3 Price: $33,000
Year 4 Price: $34,000
• Year 5 Price: $35,000
Total Price $ 165,000
Print Total Price in Words One hundred sixty five thousand dollars
Print/Type Company Narye Here: Mauldln & Jenkins
Authorized Signature " Date 9/10/19
Print/Type Name Adam M. Fralev
Print/Type Title Partner
MaULDIN City of Milton
&TENKINS Proposal to Serve
Important Notes to be Considered:
Note (1) - Unlimited Correspondence: It Is Mauldln & Jenkins' policy to not charge for simple
discussions and conversations that occur between the governmental entity and Mauldin & Jenkins that
are only simple discussions (i.e., a phone call to ask certain questions that do not require additional
research).
Note (2) - Free Periodic/Quarterly Continuing Education: We provide free quarterly continuing
education classes to our clients. This could amount to approximately $3,000 of annual savings for the
City's estimated finance department per person.
Note (3) - Additional Services: If it should become necessary for the City to request Mauldin & Jenkins
to provide any additional services (such as bond issurances, etc.), then such additional work shall be
performed only if set forth in an addendum to the contract between the City and Mauldin & Jenkins.
Note (4) - Single Audit: The Cit/s Request for Proposal (RFP) noted the possibility of a Single Audit
being required from time to time. At this time, it is our understanding no Single Audit is currently
required, and no major programs currently exist nor expected going into the immediate future.
Therefore, and due to the uniqueness and variety of Federal grant programs, should a Single Audit ever
be determined to be required, we will address such a need at that time, and no provision is made as of
today.
INDUSTRY eXPERTISe / PROACIIVE S£KVICE / PROVEN RESULTS
1
EXHIBIT “C”
See Exhibit A and Exhibit B. The parties acknowledge that the “single audit” services referenced
in Exhibit A are excluded from the scope of services per the clarification in Exhibit B.
Where appropriate in context, references to the City’s 2019 fiscal year in Exhibit A will also mean
audit services for subsequent fiscal year audit services covered by the Term. Notwithstanding that
this Agreement’s Term is not exactly coextensive with the City’s fiscal year, the parties intend that
“Year 1” of this Agreement will run approximately October 2019 – September 2020, and the Work
required will primarily be auditing services for the City’s 2019 fiscal year (pre -planning for the
FY2020 audit, consideration of issues arising in prior year audits, and training and discussions of
accounting-related subjects with City staff, may all also be necessary in Year 1). The same
structure will follow suit for Years 2-5, and any extension of the Term.
Where references to statutory or regulatory requirements set forth in Exhibit A have been
superseded by law as of the date of execution of this Agreement, the parties intend that the services
will comply with the current law. If legal or accounting standards substantially change during the
Term such that the scope of services is substantially different than that contemplated by the parties,
an appropriate adjustment to the Agreement will be made by a Change Order.
EXHIBIT “D”
STATE OF ____________
COUNTY OF ___________
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91,
stating affirmatively that the individual, firm, or corporation that is engaged in the physical performance of
services on behalf of the City of Milton, Georgia: (1) provides all such services through employees working
outside the US and none of these employees are subject to United States employment eligibility
requirements; or (2) has registered with, is authorized to use and uses the federal work aut horization
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 will continue to do so
throughout the contract period. The contractor has the following number of employees:
____500 or more ____100 or more _____ Fewer than 100
In performing the contract to which this affidavit applies, the undersigned contractor will subcontract for
the physical performance of services only with subcontractors who present an affidavit with the
information required by O.C.G.A. § 13-10-91(b), unless the subcontractor shows that he/she is legally
exempt from that requirement.
Contractor hereby attests that, if applicable, its federal work authorization user identification number and
date of authorization are as follows:
_________________________________
Federal Work Authorization User Identification
Number
_________________________________
Date of Authorization
Mauldin & Jenkins, LLC
Name of Contractor
Annual Audit Services
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on _________, 20__ in
_____________________ (city), ______ (state).
________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF
______________, 20___.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
______________________________
EXHIBIT “E”
STATE OF _____________
COUNTY OF ___________
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13 -10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical
performance of services under a contract with Mauldin & Jenkins, LLC on behalf of the City of Milton,
Georgia: (1) provides all such services through employees working outside the US and none of these
employees are subject to United States employment eligibility requirements; or (2) 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, and will continue to do so throughout the contract period. The contractor has the
following number of employees:
____500 or more ____100 or more _____ Fewer than 100
In performing the contract to which this affidavit applies, the undersigned subcontractor will further
subcontract for the physical performance of services only with subcontractors who present an affidavit with
the information required by O.C.G.A. § 13-10-91(b), unless the sub-subcontractor shows that he/she is
legally exempt from that requirement. Additionally, the undersigned subcontractor will, upon receipt of an
affidavit from any lower-tier sub-subcontractor, forward the same to the contractor within five (5) business
days of receipt.
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
Annual Audit Services
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on _________, 20__ in
_____________________ (city), ______ (state).
________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF
______________, 20___.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
______________________________
MILTON'*
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: November 26, 2019
FROM: Steven Krokoff, City Manager (/)
AGENDA ITEM: Approval of a Professional Services Agreement between the
City of Milton and the Collaborative, Inc. regarding Plan
Review Services.
MEETING DATE: Monday, December 2, 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: (4'YES () NO
CITY ATTORNEY REVIEW REQUIRED: Qy ES () NO
APPROVAL BY CITY ATTORNEY: (,j,,<PPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: I I/Vz/zc)3
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council Members
From: Parag Agrawal, Community Development Director
Date: Submitted November 11, 2019 for the December 2, 2019
Regular City Council Meeting
Agenda Item: Approval of a Professional Services Agreement between the
City of Milton and the Collaborative, Inc. regarding Plan
Review Services
_____________________________________________________________________________________
Department Recommendation:
Staff is recommending the approval of a Professional Services Agreement between
the City of Milton and the Collaborative, Inc., regarding plan review services
within the Community Development Department.
Executive Summary:
Currently, the City provides plan review within the Community Development
Department via a third-party vendor. The position is funded through an on-call contract
with the Public Works Department. Once the subject contract is finalized, this service will
be provided by the Community Development Department. There were four firms that
submitted Request for Proposals. After review and interviewing all four firms, the
contract was awarded to the Collaborative, Inc. to provide plan review services. The
scope of services that will be provided are the following: hydrology and stormwater
review, preliminary and final plat review, flood plain management, erosion and
sediment control review and transportation review.
This contract is a 3-year agreement with a 2.5% increase each year. It is terminable
each year at the City’s option.
Procurement Summary:
Purchasing method used: Professional Services
Account Number: 100-7410-521200004
Requisition Total: $150,000 for FY 2020
Vendor DBA: the Collaborative, Inc.
Financial Review:
Legal Review: Sam VanVolkenburgh – Jarrard & Davis (November 25, 2019)
Concurrent Review: Steven Krokoff, City Manager
Attachment:
1) Professional Services Agreement with the Collaborative Inc. for Plan Review
Services
1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this_____ day of _____________, 20___
(the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal
corporation of the State of Georgia, acting by and through its governing authority, the Mayor and
City Council (hereinafter referred to as the “City”), and The Collaborative, Inc., a Massachusetts
corporation, (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:
2
Exhibit “A” – City Solicitation Documents
Exhibit “B” – Consultant Response/Proposal
Exhibit “C” – Scope of Work
Exhibit “D” – Contractor Affidavit
Exhibit “E” – Subcontractor Affidavit
Exhibit “F” – Key Personnel
B. Project Description. The “Project” at issue in this Agreement is generally
described as: assist the City in its plan review process, providing at a minimum, plan review for
hydrology and stormwater, preliminary and final plat review, flood plain management, erosion and
sediment control review, transportation review, and assistance with technical plan review and
permit issuance.
The Project requires the Consultant to provide staffing of a non-professional engineer and
a registered professional engineer. The City desires services from a non-professional engineer not
to exceed forty (40) hours per week, and services from a professional engineer not to exceed eleven
(11) hours per week.
C. The Work. The Work to be completed under this Agreement (the “Work”)
includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit
“C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit
“C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat,
utilities, transportation, facilities, services and any other miscellaneous items and work necessary
to complete the Work. Some details necessary for proper execution and completion of the Work
may not be specifically described in the Scope of Work, but they are a requirement of the Work if
they are a usual and customary component of the contemplated services or are otherwise necessary
for proper completion of the Work.
D. Schedule, Completion Date, and Term of Agreement. 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 terminate on
September 30, 2022 (provided that certain obligations will survive termination/expiration of this
Agreement). As 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 City 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.
3
II. WORK CHANGES
A. Change Order Defined. A “Change Order” means a written modification of the
Agreement, signed by representatives of City and Consultant with appropriate authorization.
B. Right to Order Changes. City reserves the right to order changes in the Work to
be performed under this Agreement by altering, adding to, or deducting from the Work. All such
changes shall be incorporated in written Change Orders and executed by Consultant and City.
Such Change Orders shall specify the changes ordered and any necessary adjustment of
compensation and completion time.
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 Change Order. The City Manager has authority to execute,
without further action of the Mayor or City Council, any number of Change Orders so long as their
total effect does not materially alter the terms of this Agreement or materially increase the
Maximum Contract Price, as set forth in Section III(C) below. Any such Change Orders materially
altering the terms of this Agreement, or any Change Order affecting the price where the Maximum
Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor
and City Council. Amendments shall not result in a variance in price exceeding ten percent of the
original contract amount.
III. COMPENSATION AND METHOD OF PAYMENT
A. Payment Terms. City agrees to pay 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. 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 $150,000.00 (the “Maximum Contract Price”). Consultant shall initially be paid at the rate
4
of $63.10/hour for plan reviewers (non-PE) and $88.25/hour professional engineer plan reviewers.
Rates will escalate by 2.5% each year following year 1.
C. Reimbursement for Costs. The Contract Price set forth in Section III(B) above
includes all costs, direct and indirect, needed to perform the Work and complete the Project, and
there shall be no separate reimbursement for cost.
IV. COVENANTS OF CONSULTANT
A. Expertise of Consultant; Licenses, Certification and Permits. Consultant
accepts the relationship of trust and confidence established between it and City, recognizing that
City’s intention and purpose in entering into this Agreement is to engage an entity with the
requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit
of the timely and competent completion of the Work undertaken by Consultant under this
Agreement. Consultant shall employ only persons duly qualified in the appropriate area of
expertise to perform the Work described in this Agreement.
Consultant covenants and declares that it has obtained all diplomas, certificates, licenses,
permits or the like required of Consultant by any and all national, state, regional, coun ty, or local
boards, agencies, commissions, committees or other regulatory bodies in order to perform the
Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work
in accordance with the standard of care and quality ordinarily expected of competent professionals
and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders
applicable to the Project, including, but not limited to, any applicable records retention
requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional
work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting
the applicable standard of care or quality will be provided by Consultant at no additional cost to
City. This provision shall survive termination of this Agreement.
B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary
limitations are not a justification for breach of sound principals of Consultant’s professi on 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
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Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness
of Consultant’s performance. Consultant further agrees that no approval of designs, plans,
specifications or other work product by any person, body or agency shall relieve Consultant of the
responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under
professional and industry standards, or for performing services under this Agreement in
accordance with sound and accepted professional and industry principles.
D. Consultant’s Reliance on Submissions by City. Consultant must have timely
information and input from City in order to perform the Work required under this Agreement.
Consultant is entitled to rely upon information provided by City, but Consultant shall provide
immediate written notice to City if Consultant knows or reasonably should know that any
information provided by City is erroneous, inconsistent, or otherwise problematic.
E. Consultant’s Representative. _______________ 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 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”), 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
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workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts.
This obligation to indemnify and hold harmless the Indemnified Party(ies) shall survive expiration
or termination of this Agreement, provided that the claims are based upon or arise out of actions
or omissions that occurred during the performance of this Agreement.
H. Independent Contractor. Consultant hereby covenants and declares that it is
engaged in an independent business and agrees to perform the Work as an independent contractor
and not as the agent or employee of City. Nothing in this Agreement shall be construed to make
Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of
City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the
time and place the Work is performed and the method used to perform such Work; the
instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of
consultants, agents or employees to complete the Work; and the payment of employees, including
benefits and compliance with Social Security, withholding and all other regulations governing
such matters. Consultant agrees to be solely responsible for its own acts and those of its
subordinates, employees, and subcontractors during the life of this Agreement. There shall be no
contractual relationship between any subcontractor or supplier and City by virtue of this
Agreement with Consultant. Any provisions of this Agreement that may appear to give City the
right to direct Consultant as to the details of the services to be performed by Consultant or to
exercise a measure of control over such services will be deemed to mean that Consultant shall
follow the directions of City with regard to the results of such services only. It is further
understood that this Agreement is not exclusive, and City may hire additional entities to perform
the Work related to this Agreement.
Inasmuch as City and Consultant are independent of each other, neither has the authority
to bind the other to any third person or otherwise to act in any way as the representative of the
other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant
agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee
of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then
only for the limited purpose stated in such authorization. Consultant shall assume full liability for
any contracts or agreements Consultant enters into on behalf of City without the express
knowledge and prior written consent of City.
I. Insurance.
(1) Requirements: Consultant shall have and maintain in full force and effect
for the duration of this Agreement, insurance insuring against claims for
injuries to persons or damages to property which may arise from or in
connection with the performance of the Work by Consultant, its agents,
representatives, employees or subcontractors. All policies shall be subject
to approval by City as to form and content. These requirements are subject
to amendment or waiver if so approved in writing by the City Manager.
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(2) Minimum Limits of Insurance: Consultant shall maintain the following
insurance policies with coverage and limits no less than:
(a) Commercial General Liability coverage of at least $1,000,000 (one
million dollars) combined single limit per occurrence and
$2,000,000 (two million dollars) aggregate for comprehensive
coverage including for bodily and personal injury, sickness, disease
or death, injury to or destruction of property, including loss of use
resulting therefrom.
(b) Commercial Automobile Liability (owned, non-owned, hired)
coverage of at least $1,000,000 (one million dollars) combined
single limit per occurrence for comprehensive coverage including
bodily and personal injury, sickness, disease or death, injury to or
destruction of property, including loss of use resulting therefrom.
(c) Professional Liability of at least $1,000,000 (one million dollars)
limit for claims arising out of professional services and caused by
Consultant’s errors, omissions, or negligent acts.
(d) Workers’ Compensation limits as required by the State of Georgia
and Employers’ Liability limits of $1,000,000 (one million dollars)
per occurrence or disease. (If Consultant is a sole proprietor, who
is otherwise not entitled to coverage under Georgia’s Workers’
Compensation Act, Consultant must secure Workers’ Compensation
coverage approved by both the State Board of Workers’
Compensation and the Commissioner of Insurance. The amount of
such coverage shall be the same as what is otherwise required of
employers entitled to coverage under the Georgia Workers’
Compensation Act. Further, Consultant shall provide a certificate
of insurance indicating that such coverage has been secured and that
no individual has been excluded from coverage.)
(e) Commercial Umbrella Liability Coverage: $ ___N/A_____
(_____________)per occurrence shall be provided and will apply
over all liability policies, without exception, including but not
limited to Commercial General Liability, Commercial Automobile
Liability, Employers’ Liability, and Professional Liability.
(3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured
retentions must be declared to and approved by City in writing so that City
may ensure the financial solvency of Consultant; self-insured retentions
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should be included on the certificate of insurance.
(4) Other Insurance Provisions: Each policy shall contain, or be endorsed to
contain, the following provisions respectively:
(a) General Liability, Automobile Liability and (if applicable) Umbrella
Liability Coverage.
(i) Additional Insured Requirement. City and City’s elected
and appointed officials, officers, boards, commissioners,
employees, representatives, consultants, servants, agents and
volunteers (individually “Insured Party” and collectively
“Insured Parties”) shall be named as additional insureds as
respects: liability arising out of activities performed by or on
behalf of Consultant; products and completed operations of
Consultant; premises owned, leased, or used by Consultant;
automobiles owned, leased, hired, or borrowed by
Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the Insured Parties.
Nothing contained in this section shall be construed to
require the Consultant to provide liability insurance
coverage to any Insured Party for claims asserted against
such Insured Party for its sole negligence.
(ii) Primary Insurance Requirement. Consultant’s insurance
coverage shall be primary noncontributing insurance as
respects to any other insurance or self-insurance available to
the Insured Parties. Any insurance or self-insurance
maintained by the Insured Parties shall be in excess of
Consultant’s insurance and shall not contribute with it.
(iii) Reporting Requirement. Any failure to comply with
reporting provisions of the policies shall not affect coverage
provided to the Insured Parties.
(iv) Separate Coverage. Coverage shall state that Consultant’s
insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect
to limits of insurance provided.
(v) Defense Costs/Cross Liability. Coverage shall be
provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. There shall be no cross
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liability exclusion.
(vi) Subrogation. The insurer shall agree to waive all rights of
subrogation against the Insured Parties for losses arising
from Work performed by Consultant for City.
(b) Workers’ Compensation Coverage. The insurer providing Workers’
Compensation Coverage will agree to waive all rights of
subrogation against the Insured Parties for losses arising from Work
performed by Consultant for City.
(c) All Coverages.
(i) Notice Requirement. Each insurance policy required by
this Agreement shall be endorsed to state that coverage shall
not be suspended, voided, or canceled except after thirty (30)
calendar days prior written notice (or 10 calendar days if due
to non-payment) has been given to City. City reserves the
right to accept alternate notice terms and provisions,
provided they meet the minimum requirements under
Georgia law.
(ii) Starting and Ending Dates. Policies shall have concurrent
starting and ending dates.
(iii) Incorporation of Indemnification Obligations. Policies shall
include an endorsement incorporating the indemnification
obligations assumed by Consultant under the terms of this
Agreement, including but not limited to Section IV(G) of
this Agreement.
(5) Acceptability of Insurers: The insurance to be maintained by Consultant
must be issued by a company licensed or approved by the Insurance
Commissioner to transact business in the State of Georgia. Such insurance
policies shall be placed with insurer(s) with an A.M. Best Policyholder’s
rate of no less than “A-” and with a financial rating of Class VII or greater.
The Consultant shall be responsible for any delay resulting from the failure
of its insurer to provide proof of coverage in the proscribed form.
(6) Verification of Coverage: Consultant shall furnish to City for City approval
certificates of insurance and endorsements to the policies evidencing all
coverage required by this Agreement prior to the start of work. Without
limiting the general scope of this requirement, Consultant is specifically
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required to provide an endorsement naming City as an additional insured
when required. The certificates of insurance and endorsements for each
insurance policy are to be on a form utilized by Consultant’s in surer in its
normal course of business and are to be signed by a person authorized by
that insurer to bind coverage on its behalf, unless alternate sufficient
evidence of their validity and incorporation into the policy is provided. City
reserves the right to require complete, certified copies of all required
insurance policies at any time. Consultant shall provide proof that any
expiring coverage has been renewed or replaced prior to the expiration of
the coverage.
(7) Subcontractors: Consultant shall either (1) ensure that its insurance policies
(as described herein) cover all subcontractors and the Work performed by
such subcontractors or (2) ensure that any subcontractor secures separate
policies covering that subcontractor and its Work. All coverage for
subcontractors shall be subject to all of the requirements stated in this
Agreement, including, but not limited to, naming the Insured Parties as
additional insureds.
(8) Claims-Made Policies: Consultant shall extend any claims-made insurance
policy for at least six (6) years after termination or final payment under the
Agreement, whichever is later, and have an effective date which is on or
prior to the Effective Date.
(9) City as Additional Insured and Loss Payee: City shall be named as an
additional insured and loss payee on all policies required by this Agreement,
except City need not be named as an additional insured and loss payee on
any Professional Liability policy or Workers’ Compensation policy.
(10) Progress Payments: The making of progress payments to Consultant shall
not be construed as relieving Consultant or its subcontractors or insurance
carriers from providing the coverage required in this Agreement.
J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant
to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services
unless:
(1) Consultant shall provide evidence on City-provided forms, attached hereto
as Exhibits “D” and “E” (affidavits regarding compliance with the E-
Verify program to be sworn under oath under criminal penalty of false
swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s
subcontractors have registered with, are authorized to use and use the
federal work authorization program commonly known as E-Verify, or any
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subsequent replacement program, in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 13-10-91, and that they
will continue to use the federal work authorization program throughout the
contract period, or
(2) Consultant provides evidence that it is not required to provide an affidavit
because it is an individual (not a company) licensed pursuant to Title 26 or
Title 43 or by the State Bar of Georgia and is in good standing.
Consultant hereby verifies that it has, prior to executing this Agreement, executed a
notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to
City or provided City with evidence that it is an individual not required to provide such an affidavit
because it is licensed and in good standing as noted in sub-subsection (2) above. Further,
Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and
Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor
Rule 300-10-1-.02.
In the event Consultant employs or contracts with any subcontractor(s) in connection with
the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the
subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the
subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as
Exhibit “E”, which subcontractor affidavit shall become part of the Consultant/subcontractor
agreement, or evidence that the subcontractor is not required to provide such an affidavit because
it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a
subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within
five (5) business days of receipt from any subcontractor.
Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the
City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and
Consultant’s subcontractors’ verification process at any time to determine that the verification was
correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and
records of their respective verification process for a period of five (5) years following completion
of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A.
§ 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic
inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized
aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s
subcontractors agree to cooperate with any such investigation by making their records and
personnel available upon reasonable notice for inspection and questioning. Where Consultant or
Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager
or his/her designee may report same to the Department of Homeland Security. Consultant’s failure
to cooperate with the investigation may be sanctioned by termination of the Agreement, and
Consultant shall be liable for all damages and delays occasioned by City thereby.
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Consultant agrees that the employee-number category designated below is applicable to
Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A.
§ 13-10-91.]
____ 500 or more employees.
_ __ 100 or more employees.
____ Fewer than 100 employees.
Consultant hereby agrees that, in the event Consultant employs or contracts with any
subcontractor(s) in connection with this Agreement and where the subcontractor is required to
provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the
subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is
applicable to the subcontractor.
The above requirements shall be in addition to the requirements of state and federal law,
and shall be construed to be in conformity with those laws.
K. Records, Reports and Audits.
(1) Records:
(a) Books, records, documents, account legers, data bases, and similar
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.
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(2) Reports and Information: Upon request, Consultant shall furnish to City
any and all Records in the form requested by City. All Records provided
electronically must be in a format compatible with City’s computer systems
and software.
(3) Audits and Inspections: At any time during normal business hours and as
often as City may deem necessary, Consultant shall make available to City
or City’s representative(s) for examination all Records. Consultant will
permit City or City’s representative(s) to audit, examine, and make excerpts
or transcripts from such Records. Consultant shall provide proper facilities
for City or City’s representative(s) to access and inspect the Records, or, at
the request of City, shall make the Records available for inspection at City’s
office. Further, Consultant shall permit City or City’s representative(s) to
observe and inspect any or all of Consultant’s facilities and activities during
normal hours of business for the purpose of evaluating Consultant’s
compliance with the terms of this Agreement. In such instances, City or
City’s representative(s) shall not interfere with or disrupt such activities.
L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in
any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any
other similar law or regulation. Consultant certifies that to the best of its knowledge no
circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant
become aware of any circumstances that may cause a conflict of interest during the Term of this
Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest
exists, City may require that Consultant take action to remedy the conflict of interest or terminate the
Agreement without liability. City shall have the right to recover any fees paid for services rendered
by Consultant when such services were performed while a conflict of interest existed if Consultant
had knowledge of the conflict of interest and did not notify City within five (5) business days of
becoming aware of the existence of the conflict of interest.
Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree
to give any City employee or official, or for any City employee or official to solicit, demand,
accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or
an offer of employment in connection with any decision, approval, disapproval, recommendation,
or preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering of advice, investigation, auditing, or in
any other advisory capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to any program requirement or a
contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further
acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by
or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-
consultant, or any person associated therewith, as an inducement for the award of a subcontract or
order.
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M. Confidentiality. Consultant acknowledges that it may receive confidential
information of City and that it will protect the confidentiality of any such confidential information
and will require any of its subcontractors, consultants, and/or staff to likewise protect such
confidential information. Consultant agrees that confidential information it learns or receives or
such reports, information, opinions or conclusions that Consultant creates under this Agreement
shall not be made available to, or discussed with, any individual or organization, including the
news media, without prior written approval of City. Consultant shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information whether
specifically deemed confidential or not.
Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s
Open Records Act, and Consultant further acknowledges that if Consultant submits records
containing trade secret information, and if Consultant wishes to keep such records confidential,
Consultant must submit and attach to such records an affidavit affirmatively declaring that specific
information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10,
and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto.
N. Key Personnel. All of the individuals identified in Exhibit “F”, attached hereto,
are necessary for the successful completion of the Work due to their unique expertise and depth
and breadth of experience. There shall be no change in Consultant’s Project Manager or members
of the Project team, as listed in Exhibit “F”, without written approval of City. Consultant
recognizes that the composition of this team was instrumental in City’s decision to award the Work
to Consultant and that compelling reasons for substituting these individuals must be demonstrated
for City’s consent to be granted. Any substitutes shall be persons of comparable or superior
expertise and experience. Failure to comply with the provisions of this paragraph shall constitute
a material breach of Consultant’s obligations under this Agreement and shall be grounds for
termination.
O. Meetings. Consultant is required to meet with City’s personnel, or designated
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.
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Q. Ownership of Work. All reports, designs, drawings, plans, specifications,
schedules, work product and other materials, including, but not limited to, those in electronic form,
prepared or in the process of being prepared for the Work to be performed by Consultant
(“Materials”) shall be the property of City, and City shall be entitled to full access and copies of
all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant
or subcontractor upon completion or termination of the Work shall be delivered immediately to
City whether or not the Project or Work is commenced or completed; provided, however, that
Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of
loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed
before final delivery to City, Consultant shall replace them at its own expense. Any and all
copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to
execute any additional documents that may be necessary to evidence such assignment.
R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964,
as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended,
42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132,
and all other provisions of Federal law, Consultant agrees that, during performance of this
Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate
against any employee or applicant for employment, any subcontractor, or any supplier because of
race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to
comply with all applicable implementing regulations and shall include the provisions of this
paragraph in every subcontract for services contemplated under this Agreement.
S. Contractors 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 County; (b) the Consultant shall
immediately disclose to the County 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.
V. COVENANTS OF CITY
A. Right of Entry. City shall provide for right of entry for Consultant and all
necessary equipment as required for Consultant to complete the Work; provided that Consultant
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shall not unreasonably encumber the Project site(s) with materials or equipment.
B. City’s Representative. Parag Agrawal shall be authorized to act on City’s behalf
with respect to the Work as City’s designated representative on this Project; provided that any
changes to the Work or the terms of this Agreement must be approved as provided in Section II
above.
VI. TERMINATION
A. For Convenience. City may terminate this Agreement for convenience at any time
upon providing written notice thereof at least seven (7) calendar days in advance of the termination
date.
B. For Cause. Consultant shall have no right to terminate this Agreement prior to
completion of the Work, except in the event of City’s failure to pay Consultant within thirty (30)
calendar days of Consultant providing City with notice of a delinquent payment and an opportunity
to cure. In the event of Consultant’s breach or default under this Agreement, City may terminate this
Agreement for cause. City shall give Consultant at least seven (7) calendar days’ written notice of
its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure
the breach or default within that seven (7) day period, or otherwise remedy the breach or default to
the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the
Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of
curing the default against any sums due or which become due to Consultant under this Agreement;
and/or (c) pursue any other remedy then available, at law or in equity, to City for such default.
C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement
shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall
terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds
are no longer available to satisfy the obligation of City.
D. Payment Upon Termination. Upon termination, City shall provide for payment
to Consultant for services rendered and, where authorized, expenses incurred prior to the
termination date; provided that, where this Agreement is terminated for cause, City may deduct
from such payment any portion of the cost for City to complete (or hire someone to complete) the
Work, as determined at the time of termination, not otherwise covered by the remaining unpaid
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
17
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.
VII. MISCELLANEOUS
A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the
complete agreement between the Parties and supersedes any and all other agreements, either oral
or in writing, between the Parties with respect to the subject matter of this Agreement. No oth er
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.
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
18
maintain said business license during the Term of this Agreement, unless Consultant provides
evidence that no such license is required.
F. Notices.
(1) Communications Relating to Day-to-Day Activities. All
communications relating to the day-to-day activities of the Work shall be
exchanged between City’s Representative (named above) for City and
Consultant’s Representative (named above) for Consultant.
(2) Official Notices. All other notices, requests, demands, writings, or
correspondence, as required by this Agreement, shall be in writing and shall
be deemed received, and shall be effective, when: (1) personally delivered,
or (2) on the third day after the postmark date when mailed by certified mail,
postage prepaid, return receipt requested, or (3) upon actual delivery when
sent via national overnight commercial carrier to the Party at the address
given below, or at a substitute address previously furnished to the other
Party by written notice in accordance herewith.
NOTICE TO CITY shall be sent to:
Procurement Manager
City of Milton, Georgia
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO CONSULTANT shall be sent to:
The Collaborative, Inc.
10 Glenlake Parkway, Suite 130
Atlanta, GA 30328
G. Waiver of Agreement. No failure by City to enforce any right or power granted
under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and
no custom or practice of City at variance with the terms and conditions of this Agreement shall
constitute a general waiver of any future breach or default or affect City’s right to demand e xact
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
19
insurance maintenance requirements.
I. No Third Party Rights. This Agreement shall be exclusively for the benefit of
the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement,
cause of action or other right.
J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be
construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or
official immunities. Ratification of this Agreement by a majority of the Mayor and City Council
shall authorize the Mayor to execute this Agreement on behalf of City.
K. No Personal Liability. Nothing herein shall be construed as creating any
individual or personal liability on the part of any of City’s elected or appointed officials, officers,
boards, commissions, employees, representatives, consultants, servants, agents, attorneys or
volunteers. No such individual shall be personally liable to Consultant or any successor in interest
in the event of any default or breach by City or for any amount which may become due to
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 again st 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 st atement. Words or
terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless
the context of their usage clearly requires contrary meaning.
M. Force Majeure. Neither City nor Consultant shall be liable for its respective non-
negligent or non-willful failure to perform or shall be deemed in default with respect to the failure
to perform (or cure a failure to perform) any of its respective duties or obligations under this
20
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 o r
in equity.
IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective
as of the Effective Date first above written.
[SIGNATURES ON FOLLOWING PAGE]
21
CONSULTANT: The Collaborative, Inc.
Signature: ___________________________________
Print Name: _____________________________
Title: President/Vice President
(circle one)
Attest/Witness:
Signature: _______________________________
Print Name: _____________________________
Title: __________________________________
CITY OF MILTON, GEORGIA
________________________________________
By: Joe Lockwood, Mayor
[CITY SEAL]
Attest:
Signature: ________________________________
Print Name: ______________________________
Title: City Clerk
Approved as to form:
_______________________________
City Attorney
EXHIBIT “A”
CITY OF MILTON REQUEST FOR PROPOSALS
(THIS IS NOT AN ORDER)
RFP Number:
RFP 19-CD06
RFP Title:
Plan Review Services
Due Date and Time: August 27, 2019
Local Time: 2:00 p.m. Number of Pages: 45
ISSUING DEPARTMENT INFORMATION
Issue Date: August 8, 2019
City of Milton
Community Development
Department
2006 Heritage Walk
Milton, GA 30004
Phone: 678-242-2500
Fax: n/a
Website: www.cityofmiltonga.us
INSTRUCTIONS TO CONSULTANTS
Return Proposal to:
City of Milton
Attn: Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
*Please note that attempts to contact anyone
other than Honor Motes, Purchasing
Manager during the open solicitation period
can result in disqualification
Mark Face of Envelope/Package:
RFP Number: RFP 19-CD06
Name of Company or Firm
Special Instructions:
Deadline for Written Questions
August 19, 2019 at 5:00 p.m.
Email questions to Honor Motes at
honor.motes@cityofmiltonga.us
CONSULTANTS MUST COMPLETE THE FOLLOWING
Consultant Name/Address:
Authorized Consultant Signatory:
(Please print name and sign in ink)
Consultant Phone Number: Consultant FAX Number:
Consultant Federal I.D. Number: Consultant E-mail Address:
CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
Table of Contents
Topic Page
2 | RFP 19-CD06
TABLE OF CONTENTS
Offeror’s RFP Checklist
Disclosure Form
Proposal Letter
Contractor Affidavit and Agreement (e-Verify)
Schedule of Events
Section 1: Project Overview and Instructions
Section 2: RFP Standard Information
Section 3: Scope of Project
Section 4: Vendor Proposals
Section 5: Reserved
Section 6: Evaluation Criteria
Section 7: Standard Contract Information
Sample Standard Contract
3 | RFP 19-CD06
OFFEROR’S RFP CHECKLIST
The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton
1._______Read the entire document. Note critical items such as: minimum criteria; supplies/services
required; submittal dates; number of copies required for submittal; funding amount and source;
contract requirements (i.e., contract performance security, insurance requirements, performance
and/or reporting requirements, etc.).
2._______Note the procurement officer's name, address, phone numbers and e-mail address. This is
the only person you are allowed to communicate with regarding the RFP and is an excellent
source of information for any questions you may have.
3._______Attend the pre-qualifications conference if one is offered. These conferences provide an
opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify
the City of any ambiguities, inconsistencies, or errors in the RFP.
4._______Take advantage of the “question and answer” period. Submit your questions to the
procurement officer by the due date listed in the Schedule of Events and view the answers given
in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the City’s
website at http://www.cityofmiltonga.us will include all questions asked and answered concerning
the RFP.
5._______Follow the format required in the RFP when preparing your response. Provide point-by-
point responses to all sections in a clear and concise manner.
6._______ Provide complete answers/descriptions. Read and answer all questions and
requirements. Don’t assume the City or evaluation committee will know what your company
capabilities are or what items/services you can provide, even if you have previously contracted
with the City. The submittals are evaluated based solely on the information and materials provided
in your response.
7._______Use the forms provided, i.e., cover page, sample budget form, certification forms, etc.
8. _______Check the website for RFP addenda. Before submitting your response, check the City’s
website at http://www.cityofmiltonga.us to see whether any addenda were issued for the RFP. If so,
you must submit a signed cover sheet for each addendum issued along with your RFP response.
9. _______Review and read the RFP document again to make sure that you have addressed all
requirements. Your original response and the requested copies must be identical and be
complete. The copies are provided to the evaluation committee members and will be used to
score your response.
10. _______Submit your response on time. Note all the dates and times listed in the Schedule of
Events and within the document, and be sure to submit all required items on time. Late submittal
responses are never accepted.
This checklist is provided for assistance only and should not be submitted with Consultant response.
4 | RFP 19-CD06
CITY OF MILTON DISCLOSURE FORM
MUST BE RETURNED WITH PROPOSAL
This form is for disclosure of campaign contributions and family member relations with City
of Milton officials/employees.
Please complete this form and return as part of your RFP package when it is submitted.
Name of Offeror __________________________________________________
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
_______________________________________________________________________
List the dollar amount/value and description of each campaign contribution made over
the past two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value Description
________________ ___________________________________________
________________ ___________________________________________
________________ ___________________________________________
Please list any family member that is currently (or has been employed within the last 12
months) by the City of Milton and your relation:
________________ ___________________________________________
_________________ ___________________________________________
5 | RFP 19-CD06
RFP# 19-CD06
PROPOSAL LETTER
MUST BE RETURNED WITH PROPOSAL
We propose to furnish and deliver any and all of the deliverables, services and fees
named in the Request for Proposal (RFP 19-CD06) Plan Review Services.
It is understood and agreed that we have read the City’s specifications shown or
referenced in the RFP and that this proposal is made in accordance with the provisions
of such specifications. By our written signature on this proposal, we guarantee and
certify that all items included meet or exceed any and all such City specifications. We
further agree, if awarded a contract, to deliver goods and services which meet or
exceed the specifications. The City reserves the right to reject any or all proposals,
waive technicalities, and informalities, and to make an award in the best interest of the
City.
PROPOSAL SIGNATURE AND CERTIFICATION
I understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of
the proposal and certify that I am authorized to sign for my company. I further certify
that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq.
has not been violated and will not be violated in any respect.
Authorized Signature______________________________Date_______________________
Print/Type Name______________________________________________________________
Print/Type Company Name Here_______________________________________________
6 | RFP 19-CD06
CONTRACTOR AFFIDAVIT AND AGREEMENT
MUST BE RETURNED WITH PROPOSAL
STATE OF GEORGIA
CITY OF MILTON
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -
10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services on behalf of the City of Milt on 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 w ith
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:
_________________________________
e-Verify Number
_________________________________
Date of Authorization
_________________________________
Name of Contractor
Plan Review Services
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury
that the foregoing is true and correct.
Executed on ______, ___, 201__ in _____(city),
______(state).
_________________________________
Signature of Authorized Officer or Agent
_________________________________
Printed Name and Title of Authorized Officer
or Agent
SUBSCRIBED AND SWORN BEFORE ME ON
THIS THE ______ DAY OF ______________,201__.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
_________________________________
7 | RFP 19-CD06
SCHEDULE OF EVENTS
Task Date
Issue RFP August 8, 2019
Deadline for Questions August 19, 2019 by 5:00 p.m. EST
Answers Posted by the City
(Addendum) On or about August 21, 2019
Proposals Due By 2:00 p.m. EST on August 27, 2019
Award Contract September 23, 2019 (proposed)
NOTE: PLEASE CHECK THE CITY WEBSITE (http://www.cityofmiltonga.us) FOR
ADDENDA AND SCHEDULE UPDATES.
8 | RFP 19-CD06
SECTION 1: PROJECT OVERVIEW AND INSTRUCTIONS
1.0 BACKGROUND AND STATEMENT OF INTENT
The City of Milton is requesting proposals from qualified consultants to provide
plan review services as may be determined by the City. The selected firm will work
within the Community Development Department to provide the following
minimum services:
a. Hydrology and stormwater plan review,
b. Preliminary and final plat review,
c. Flood plain management,
d. Erosion and sediment control review,
e. Transportation review,
f. Assistance with technical plan review and permit issuance,
The plan review will be performed within the Community Development
Department.
The City intends to select a single consultant team that demonstrates the level
of expertise to provide these services. The selected firm will be expected to
provide services in accordance with the project schedule established by the
City of Milton.
1.1 SINGLE POINT OF CONTACT
From the date this Request for Proposals (RFP) is issued until a vendor is
selected, offerors are not allowed to communicate with any City staff or
elected officials regarding this procurement, except at the direction of Honor
Motes, Procurement Manager. Any unauthorized contact may disqualify the
offeror from further consideration. Contact information for the single point of
contact is as follows:
Procurement Office: Honor Motes
Address: 2006 Heritage Walk, Milton, GA 30004
Telephone Number: 678-242-2507
E-mail Address: honor.motes@cityofmiltonga.us
1.2 REQUIRED REVIEW
A. Review RFP.
Offerors should carefully review the instructions; minimum criteria,
specifications, standard terms and conditions, and standard contract
set out in this RFP and promptly notify the Single Point of Contact
9 | RFP 19-CD06
identified above via e -mail of any ambiguity, inconsistency, unduly
restrictive specifications, or error which they discover upon
examination of this RFP.
B. Form of Questions.
Vendors with questions or requiring clarification or interpretation of any
section within this RFP must submit their questions in writing via email to
the Single Point of Contact referenced above on or before 5 PM (EST)
on August 19, 2019. Each question must provide clear reference to the
section, page, and item in question. Questions received after
the deadline may not be considered.
C. City’s Answers.
The City will provide an official written answer to all questions on or
about August 21, 2019. The City's response will be by formal written
addendum. Any other form of interpretation, correction, or change to
this RFP will not be binding upon the City. Any formal written addendum
will be posted alongside the posting of the RFP at
http://www.cityofmiltonga.us . Offerors must sign and return any
addendum with their RFP response.
D. Standard Contract.
By submitting a response to this RFP, Offeror agrees to acceptance of
the City’s standard contract. Much of the language included in the
standard contract reflects requirements of state law. Requests for
exceptions to the standard contract terms, or any added provisions
must be submitted to the procurement office referenced above by
the date for receipt of written/e-mailed questions or with the Offeror’s
RFP response and must be accompanied by an explanation of why
the exception is being taken and what specific effect it will have on
the Offeror’s ability to respond to the RFP or perform the contract.
The City reserves the right to address non -material, minor,
insubstantial requests for exceptions with the highest scoring Offeror
during contract negotiation. Any material, substantive, important
exceptions requested and granted to the standard terms and
conditions and standard contract language will be addressed in any
formal written addendum issued for this RFP and will apply to all
Offerors submitting a response to this RFP.
E. Minimum Criteria.
To be eligible for consideration, an Offeror must meet the intent of all
minimum criteria. The City will determine whether an Offeor’s RFP
response complies with the intent of the requirements. RFP responses
that do not meet the full intent of all requirements listed in this RFP may
10 | RFP 19-CD06
be subject to point reductions during the evaluation process or may be
deemed non-responsive.
1.3 Reserved 1.3 TERM OF THE AGREEMENT
The term of this Agreement shall commence on or about September 24, 2019.
The terms of the agreement shall automatically renew, in accordance with the
contract documents, each year for a term of three (3) years.
1.4 SUBMITTING PROPOSALS
Offerors must organize their proposal into sections that follow the following format.
This RFP is for one proposal that includes all potential phases of this project.
A. Submittal Requirements.
Proposals shall include the following:
1. City of Milton request for proposal cover page (information entered
and signed: first page of this document)
2. City of Milton Disclosure form (signed)
3. City of Milton Proposal letter (information entered)
4. Contractor Affidavit and Agreement (e-Verify)
5. Single page cover letter with introductory remarks and Proposals
6. Technical Proposal Shall Be:
a. Minimum of 11-point font
b. Stapled or spiral-bound. No binders
c. Responses to questions under Scope of Services (Section 3)
1. Maximum Page number: 10 single-sided (five pages if
double-sided); cover page(s), table of contents, tabs,
and required forms do not count toward the page limit
7. Technical Proposals Shall Contain:
a. Company Profile: Name, brief profile and year established.
Include information for any consultants that maybe used as
well.
b. Project Personnel: Information about the Plan Reviewer who
would be assigned to the City. Include a resume of the
proposed individual.
The consultant shall identify the proposed process by which
plans would be received, processed and coordinated with
the City as well as a proposed fee structure
c. Experience and References: Provide a summary of at least
three (3) projects with services of a similar nature within the
11 | RFP 19-CD06
last ten (10) years and include any innovative features of
projects or delivery methods. Include project references with
names, phone numbers and team members involved.
8. Appendix including applicable Addenda Acknowledgement Forms
9. Pricing (See Section 5)
Offerors must organize their proposal into sections that follow the format of
Section 1.4 and Section 5.0.
B. Failure to Comply with Instructions.
Offerors failing to comply with these instructions may be subject to
point deductions. The City may also choose to not evaluate, may
deem non-responsive, and/or may disqualify from further
consideration any qualifications that do not follow this RFP format,
are difficult to understand, are difficult to read, or are missing any
requested information.
C. Copies Required and Deadline for Receipt of Proposals.
One original and four (4) copies of each submittal (plus a CD or flash
drive) should be provided to the City. Proposals must be received at
the Finance department in City Hall prior to 2:00 PM, local time,
August 27, 2019. Emailed responses to requests for proposals are not
acceptable. Proposals will be opened at approximately 2:05 p.m. and
names of Offerors will be announced.
*Important to remember when submitting digital files:
1. Mark all CD’s or Flash Drives with Offeror’s name and RFP number and
title.
2. All digital files must be in either (unless otherwise specified within
this document):
a. Microsoft Office file format or
b. Portable Document Format (PDF).
3. Use caution in creating the electronic files. If the City is unable to
open files due to data-corruption, password or encryption error,
etc., the Offeror’s proposal may be considered incomplete.
4. NOTE: All digital copies must include exactly the same information
as provided in the hard copy “Original”.
D. Late Proposals.
Regardless of cause, late proposals will not be accepted and will
automatically be disqualified from further consideration. It shall be the
12 | RFP 19-CD06
Offeror’s sole risk to assure delivery to the receptionist's desk at the
designated office by the designated time. Late proposals will not
be opened and may be returned to the Vendor at the expense of the
Offeror or destroyed if requested.
1.5 VENDOR'S CERTIFICATION
A. Understanding of Specifications and Requirements.
By submitting a response to this RFP, Offeror agrees to an
understanding of and compliance with the specifications and
requirements described in this RFP.
1.6 COST OF PREPARING PROPOSALS
A. City Not Responsible for Preparation Costs.
The costs for developing and delivering responses to this RFP and any
subsequent presentations of the proposal as requested by the City are
entirely the responsibility of the Offeror. The City is not liable for any
expense incurred by the Offeror in the preparation and presentation of
their proposals.
B. All Timely Submitted Materials Become City Property.
All materials submitted in response to this RFP become the property of
the City of Milton and are to be appended to any formal
documentation, which would further define or expand any
contractual relationship between the City and Offeror resulting from
this RFP process.
SECTION 2: RFP STANDARD INFORMATION
2.0 AUTHORITY
This RFP is issued under the authority of the City of Milton. The RFP process is a
procurement option allowing the award to be based on stated evaluation
criteria. The RFP states the relative importance of all evaluation criteria. No other
evaluation criteria, other than as outlined in the RFP, will be used.
2.1 OFFEROR COMPETITION
The City encourages free and open competition among vendors. Whenever
possible, the City will design specifications, proposal requests, and conditions to
accomplish this objective, consistent with the necessity to satisfy the City’s
need to procure technically sound, cost-effective services and supplies.
2.2 RECEIPT OF PROPOSALS AND PUBLIC INSPECTION
A. Public Information.
All information received in response to this RFP, including copyrighted
13 | RFP 19-CD06
material, is deemed public information and will be made available for
public viewing and copying after the time for receipt of qualifications
has passed, and the award has been made, with the following four
exceptions: (1) bona fide trade secrets meeting confidentiality
requirements that have been properly marked, separated, and
documented; (2) matters involving individual safety as determined by
the City of Milton; (3) any company financial information requested by
the City of Milton to determine vendor responsibility, unless prior
written consent has been given by the Offeror; and (4) other
constitutional protections.
B. Procurement Officer Review of Proposals.
Upon opening the submittals received in response to this RFP, the
procurement office will review the proposals and separate out any
information that meets the referenced exceptions in Section 2.2(A)
above, providing the following conditions have been met:
1. Confidential information is clearly marked and separated from the
rest of the submittal.
2. An affidavit from an Offeror’s ’legal counsel attesting to and
explaining the validity of the trade secret claim is attached to
each submittal containing trade secrets. Please contact Honor
Motes, Procurement Manager, for additional information.
Information separated out under this process will be available for
review only by the procurement office, the evaluation committee
members, and limited other designees. Consultants must be prepared
to pay all legal costs and fees associated with defending a claim for
confidentiality in the event of a “right to know” (open records) request
from another party.
2.3 CLASSIFICATION AND EVALUATION OF PROPOSALS
A. Initial Classification of Proposals as Responsive or Nonresponsive.
Proposals may be found nonresponsive at any time during the
evaluation process or contract negotiation, if any of the required
information is not provided; the submitted price is found to be
excessive or inadequate as measured by criteria stated in the RFP; or
the qualification is not within the specifications described and required
in the RFP. If a qualification is found to be nonresponsive, it will not be
considered further.
B. Determination of Responsibility.
The procurement office will determine if an Offeror has met the
standards of responsibility. Such a determination may be made at
any time during the evaluation process and through contract
14 | RFP 19-CD06
negotiation if information surfaces that would result in a determination
of nonresponsive.
C. Evaluation of Proposals.
The evaluation committee will evaluate the remaining proposals and
recommend whether to award the contract to the highest scoring
Offeror or, if necessary, to seek discussion/negotiation in order to
determine the highest scoring Offeror. The selection process used for
determining the most favorable proposal will review pricing, or net
cost, which is one of the of the most important criteria but not the
only criteria. Other factors in the evaluation process include the
qualifications of the relationship team , past performance, approach,
expertise, availability and financial stability. All responsive proposals
will be evaluated based on stated evaluation criteria. In scoring
against stated criteria, the City may consider such factors as
accepted industry standards and a comparative evaluation of all
other qualified RFP responses. These scores will be used to determine
the most advantageous offering to the City.
D. Completeness of Proposals.
Selection and award will be based on the Offeror’s proposal and other
items outlined in this RFP. Submitted responses may not include
references to information located elsewhere, such as Internet websites
or libraries, unless specifically requested. Information or materials
presented by Offerors outside the formal response or subsequent
discussion/negotiation, if requested, will not be considered, will have
no bearing on any award, and may result in the Offeror being
disqualified from further consideration.
E. Opportunity for Discussion/Negotiation and/or Oral
Presentation/Product Demonstration.
After receipt of all proposals and prior to the determination of the
award, the City may initiate discussions with one or more Offerors
should clarification or negotiation be necessary. Offerors may also be
required to make an oral presentation and/or product
demonstration to clarify their RFP response or to further define their
offer. In either case, Offerors should be prepared to send qualified
personnel to Milton, Georgia to discuss technical and c ontractual
aspects of the submittal. Oral presentations and product
demonstrations, if requested, shall be at the Offeror’s expense.
F. Best and Final Offer.
The “Best and Final Offer” is an option available to the City under the
RFP process which permits the City to request a “best and final offer”
15 | RFP 19-CD06
from one or more offerors if additional information is required to
make a final decision. Offerors may be contacted asking that they
submit their “best and final offer,” which must include any and all
discussed and/or negotiated changes. The City reserves the right to
request a “best and final offer” for this RFP, if any, based on price/cost
alone.
G. Evaluation Committee Recommendation for Contract Award.
The evaluation committee will provide a written recommendation for
contract award.
H. Request for Documents Notice.
Upon concurrence with the evaluation committee’s recommendation
for contract award, the procurement officer may issue a “Request for
Documents Notice” to the highest scoring Offeror to obtain the
required insurance documents, contract performance security, and
any other necessary documents. Receipt of the “Request for
Documents Notice” does not constitute a contract and no work may
begin until a contract signed by all parties is in place.
I. Contract Negotiation.
The procurement officer and/or city department representatives may
begin contract negotiation with the responsive and responsible Offeror
whose submittal achieves the highest score and is, therefore, the most
advantageous to the City. If contract negotiation is unsuccessful or the
highest scoring Offeror fails to provide necessary documents or
information in a timely manner, or fails to negotiate in good faith, the
City may terminate negotiations and begin negotiations with the next
highest scoring Offeror.
J. Contract Award.
Contract award, if any, will be made to the highest scoring
Offeror who provides all required documents and successfully
completes contract negotiation.
2.4 RIGHTS RESERVED
While the City has every intention to award a contract as a result of this RFP,
issuance of the RFP in no way constitutes a commitment by the City of Milton to
award and execute a contract. Upon a determination such actions would be
16 | RFP 19-CD06
in its best interest, the City, in its sole discretion, reserves the right to:
1. Modify, cancel or terminate this RFP,
2. Reject any or all proposals received in response to this RFP,
3. Select an Offeror without holding interviews,
4. Waive any undesirable, inconsequential, or inconsistent provisions of this
RFP which would not have significant impact on any submittal,
5. To request further documentation or information, and to discuss a RFP
submittal for any purpose in order to answer questions or to provide
clarification,
6. Award a portion of this RFP or not award any portion of this RFP if it is in the
best interest of the City not to proceed with contract execution; or
7. If awarded, terminate any contract in accordance with the terms and
conditions of the contract if the City determines adequate funds are not
available.
SECTION 3: SCOPE OF PROJECT
3.0 GENERAL
The City of Milton is requesting proposals from qualified consultants to provide
plan review services as may be determined by the City. The selected firm will work
within the Community Development Department to provide the services
requested herein. This work may require work outside of normal business hours in
support of Community Development Department operations, Fulton County SWC
District meeting every other month.
The Plan Reviewer is expected to be onsite full time to answer questions,
coordinate with staff, and coordinate other activities as may be necessary.
The City will provide space, materials, i.e. general office supplies, office computer,
copy machines, printers, etc… and general administrative support for city
functions.
Consultant shall provide cell phone and data service.
3.1 SCOPE OF SERVICES
The City of Milton is requesting proposals from qualified consultants to provide
Community Development Plan Review services. The selected firm will work within
17 | RFP 19-CD06
the Community Development Department to provide the following minimum
services:
a. Hydrology and stormwater plan review,
b. Preliminary and final plat review,
c. Flood plain management,
d. Erosion and sediment control review,
e. Transportation review,
f. Review and consultation on various engineering related issues throughout
the city.
The plan review will be performed within the Community Development
Department.
The City intends to select a single consultant team that demonstrates the level
of expertise to provide these services. The selected firm will be expected to
provide services in accordance with the project schedule established by the
City of Milton.
SECTION 4: OFFEROR PROPOSALS
4.0 CITY’S RIGHT TO INVESTIGATE
The City may make such investigations as deemed necessary to determine
the ability of the Offeror to provide the supplies and/or perform the services
specified.
4.1 OFFEROR INFORMATIONAL REQUIREMENTS
Firms interested in providing the services described in this RFP should be
able to demonstrate experience in the areas described in Section 3.
SECTION 5: FEE SCHEDULE
Consultants can use their own form for the cost of services include an hourly rate
for plan review services.
SECTION 6: EVALUATION CRITERIA
6.0 EVALUATION CRITERIA
18 | RFP 19-CD06
The evaluation committee will review and evaluate the proposals according to
the following criteria:
• A selection team for the City will initially evaluate and score all
submittals received.
• Proposals not meeting the minimum requirements and
those who are non-responsive will not be considered.
• The City intends on selecting the firm that provides the best value for the
City.
Submittal Evaluation Criteria
Company and Consultant 10 pts
• Proximity and availability of key personnel
• Technology resources
General engineering and technical experience 25 pts
Project Team Experience 25 pts
• Quality and experience of company and consultants
• Ability to meet schedules
Plan Review Capabilities 30 pts
• Review time
• Previous Experience
• Quality of staff
Cost of Services 10 pts
Total Possible Points Available are 100 points.
1. Interviews and Product Demonstration
If applicable, short-listed Vendors will be invited to make a presentation to the City
19 | RFP 19-CD06
of Milton. At this time, they can provide live demonstrations and discuss the benefits
with the City. A question and answer will follow the presentation.
2. Final Ranking
Upon completion of the interviews and demonstrations, the evaluation committee
will rank the short-listed proposals based on a combination of the evaluation scores
and presentation scores. The top-ranked proposal will be recommended for
contract award, pending successful negotiations.
SECTION 7: STANDARD CONTRACT INFORMATION
7.0 STANDARD CONTRACT
The City’s standard contract is attached to this document as Appendix A. Offeror
should notify the City of any terms within the standard contract that preclude
them from responding to the RFP. This notification must be made by the deadline
for receipt of written/e-mailed questions or with the Offeror’s RFP response. Any
requests for material, substantive, important exceptions to the standard contract
will be addressed in any formal written addendum issued by the procurement
officer in charge of the solicitation. The City reserves the right to address any non-
material, minor, insubstantial exceptions to the standard contract with the highest
scoring Offeror at the time of contract negotiation.
7.1 ADDITIONAL CONTRACT PROVISIONS AND TERMS
This RFP and any addenda, the Offeror’s RFP response, including any
amendments, a best and final offer, any clarification question responses, and any
negotiations shall be included in any resulting contract. The City’s standard
contract, attached as Appendix A, contains the contract terms and conditions
which will form the basis of any contract negotiated between the City and the
highest scoring Offeror. The contract language contained in Appendix A does
not define the total extent of the contract language that may be negotiated. In
the event of a dispute as to the duties and responsibilities of the parties under this
contract, the contract, along with any attachments prepared by the City, will
govern in the same order of precedence as listed in the contract.
7.2 SUBCONTRACTOR
The highest scoring offeror will be the prime contractor if a contract is awarded
and shall be responsible, in total, for all work of any subcontractors. All
subcontractors, if any, must be listed in the proposals. The City reserves the right to
approve all subcontractor. The Offeror/Contractor shall be responsible to the City
for the acts and omissions of all subcontractors or agents and of persons directly
or indirectly employed by such subcontractors, and for the acts and omissions of
persons employed directly by the Offeror/Contractor. Further, nothing contained
20 | RFP 19-CD06
within this document or any contract documents created as a result of any
contract awards derived from this RFP shall create any contractual relationships
between any subcontractor and the City.
7.3 GENERAL INSURANCE REQUIREMENTS
See sample contract.
7.4 COMPLIANCE WITH WORKERS’ COMPENSATION ACT
The Offeror is required to supply the City of Milton with proof of compliance with
the Workers’ Compensation Act while performing work for the City. Neither the
Offeror nor its employees are employees of the City. The proof of
insurance/exemption must be received by the City of Milton within ten (10)
working days of the Request for Documents Notice and must be kept current for
the entire term of the contract.
CONTRACTS WILL NOT BE ISSUED TO OFFERORS WHO FAIL TO PROVIDE THE
REQUIRED DOCUMENTATION WITHIN THE ALLOTTED TIME FRAME.
7.5 COMPLIANCE WITH LAWS
The Offeror must, in performance of work under this contract, fully comply with all
applicable federal, state, or local laws, rules and regulations, including the Civil
Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with
Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any
subletting or sub-consulting by the Offeror subjects’ sub-consultants to the same
provision. The Offeror agrees that the hiring of persons to perform the contract will
be made on the basis of merit and qualifications and there will be no
discrimination based upon race, color, religion, creed, political ideas, sex, age,
marital status, physical or mental disability, or national origin by the persons
performing the contract.
7.6 CONTRACT TERMINATION
See sample contract.
Sample Contract Intentionally Omitted
EXHIBIT “B”
EXHIBIT “C”
See Exhibits A & B
City of Milton
Plan Review Services
Proposal for RFP: 19-CD06
Prepared for:
City of Milton
2006 Heritage Walk
Milton, GA 30004
Submitted by:
the Collaborative, Inc.
10 Glen Lake Parkway, Suite 130
Atlanta, GA 30328
Aug 27, 2019
M I LTO N�t
ESTABLISHED 2006
CITY OF MILTON REQUEST FOR PROPOSALS
(THIS IS NOT AN ORDER)
RFP Number:
RFP Title:
RFP 19-CD06
Plan Review Services
Due Date and Time: August 27, 2019
Fax: n/a
Local Time: 2:00 p.m.
Number of Pages: 45
ISSUING DEPARTMENT INFORMATION
Issue Date: August 8, 2019
City of Milton
Phone: 678-242-2500
Community Development
Fax: n/a
Department
Website: www.cityofmiltonga.us
2006 Heritage Walk
2006 Heritage Walk
Milton, GA 30004
Milton, GA 30004
INSTRUCTIONS TO CONSULTANTS
Return Proposal to:
Mark Face of Envelope/Package:
the Collaborative, Inc.
RFP Number: RFP 19-CD06
City of Milton
Name of Company or Firm
Attn: Honor Motes, Purchasing Office
Special Instructions:
2006 Heritage Walk
Deadline for Written Questions
Milton, GA 30004
August 19, 2019 at 5:00 p.m.
*Please note that attempts to contact anyone
Email questions to Honor Motes at
other than Honor Motes, Purchasing
honor.motes@citvofmiltonga.us
Manager during the open solicitation period
can result in disqualification
CONSULTANTS MUST COMPLETE THE FOLLOWING
Consultant Name/Address:
Authori d Cons t Signatory:
the Collaborative, Inc.
Ange arke , for Vic President
Pleas in na e and sign in ink
Consultant Phone Number:
Consultant FAX umber:
404.797.7807
678.222.3401
Consultant Federal I.D. Number:
Consultant E-mail Address:
04-3089289
aparker@thecollaborative.com
CONSULTANTS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info@cityotmiltonga.U51www.cityofmiltongo.us
0000
4 1 RFP 19-CDO6
MILTON,
ESTABLISHED 2006
CITY OF MILTON DISCLOSURE FORM
MUST BE RETURNED WITH PROPOSAL
This form is for disclosure of campaign contributions and family member relations with City
of Milton officials/employees.
Please complete this form and return as part of your RFP package when it is submitted.
Name of Offeror the Collaborative, Inc.
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
None
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
n/a
Description
n/a
Please list any family member that is currently (or has been employed within the last 12
months) by the City of Milton and your relation:
None
5 1 RFP 19-CDO6
MILTON"IP
ESTABLISHED 2006
RFP# 19-CD06
PROPOSAL LETTER
MUST BE RETURNED WITH PROPOSAL
We propose to furnish and deliver any and all of the deliverables, services and fees
named in the Request for Proposal (RFP 19-CD06) Plan Review Services.
It is understood and agreed that we have read the City's specifications shown or
referenced in the RFP and that this proposal is made in accordance with the provisions
of such specifications. By our written signature on this proposal, we guarantee and
certify that all items included meet or exceed any and all such City specifications. We
further agree, if awarded a contract, to deliver goods and services which meet or
exceed the specifications. The City reserves the right to reject any or all proposals,
waive technicalities, and informalities, and to make an award in the best interest of the
City.
PROPOSAL SIGNATURE AND CERTIFICATION
I understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of
the proposal and certify that I am authorized to sign for my company. I further certify
that the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq.
has not been violated and will not be violated in any respect.
Authorized Signature Date 20 Aug 19
Print/Type Name Angela Parker, Senior Vice President
Print/Type Company Name Here the Collaborative, Inc.
6 1 RFP 19-CDO6
MILTON'r
ISTABLISIIID 2006
CONTRACTOR AFFIDAVIT AND AGREEMENT
MUST BE RETURNED WITH PROPOSAL
STATE OF GEORGIA
CITY OF MILTON
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-
10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services on behalf of the City of Milton has registered with, is authorized to use
and uses the federal work authorization program commonly known as E -Verify, or any subsequent
replacement program, in accordance with the applicable provisions and deadlines established
in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal
work authorization program throughout the contract period and the undersigned contractor will
contract for the physical performance of services in satisfaction of such contract only with
subcontractors who present an affidavit to the contractor with the information required by
O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date
of authorization are as follows:
421747
e -Verify Number
4Nov 15
Date of Authorization
the Collaborative, Inc.
Name of Contractor
Plan Review Services
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury
that the foregggg is true and corm
Executed on , 2&, 201 in
IVIA Ista
Sidnature o� Authorized Officer or Agent
Prince Name ,and Title ofAuthoriz d Officer 1
or Agent
SUBSCRIBED AND SWORIJ BEFORE ME ON >
THIS THE Z,CT"DAY OF 201
NOTARY PUBLIC
VINOTARj�argsettsotoP
My Commission Expires
My CommissioAkj*69'—,-
2-0Z J '',��'�J rF r �i' X311```:
10 Glen Lake Pkwy, Suite 130 Atlanta, GA 30328 p 678.222.3419 / f. 678.222.3401 www.thecollaborative.com
20 Aug 2019
City of Milton
Attn: Ms. Honor Motes, Purchasing Office
2006 Heritage Walk
Milton, GA 30004
Re: RFP for Plan Review Services
Dear Ms. Motes:
The Collaborative is pleased to submit this proposal to provide plan review services to the City of
Milton. Our firm brings highly relevant technical and management experience providing on-site
municipal services, including plan reviews, city engineering, transportation, stormwater
management, and other service areas specified in the RFP.
Experienced Prime
Now in its 30th year, the Collaborative is an award-winning consulting firm with offices in Boston,
Atlanta and California. Our staff of planners, engineers and designers are experienced in all
aspects of the community development process. Firm principals Joe Brevard and Ed Shoucair
hold graduate degrees from MIT’s Department of Urban Studies and Planning, and our highly
qualified Atlanta-area staff hold degrees from Georgia Tech, Georgia, Georgia State, and other
institutions of higher learning.
Expert On-Site Service Provider
Our Georgia office, opened 8 years ago, provides a range of services that are highly relevant to
the needs of the City of Milton. For example, in support of the City of Sandy Springs, we have
served as the prime contractor operating the Community Development Department. Relevant to
this Milton assignment, our Sandy Springs staff includes professional engineers responsible for
the land plan review process. We also provide plan review engineering services for Fulton
County.
Our proposal includes providing a professional engineer to serve as Milton’s full-time City
Engineer and, to reduce cost to the City, an alternative staff plan. Please know that we are
happy to discuss this alternative approach further and adjust it to meet the needs of Milton.
Thank you for his opportunity to submit this proposal. We look forward with enthusiasm to the
prospect of providing plan review services to the City of Milton.
Ed Shoucair
President
the Collaborative
May 2, 2017
City of Milton, GA
Plan Review Services, RFP: 19-CD06
1
Company Profile
The Collaborative, established in 1990, is an award-winning consulting firm with a national reputation
for excellence in community development, land planning, design, engineering, and communications.
The company is headquartered in Boston, with offices in Atlanta and California.
Having expanded to the Southeast in 2011 with major contracts with the City of Sandy Springs, Fulton
County and the City of Tucker, the firm offers clients an outstanding local team led by Senior Vice
President Angela Parker, the former Director of Fulton County Public Works and Sandy Springs
Community Development. Our interdisciplinary Atlanta-based staff includes professionals in the fields
of urban planning, engineering, landscape architecture, program management, and public
engagement.
The local Collaborative office is located at: 10 Glen Lake Parkway, Suite 130, Atlanta, GA, 30328.
Project Personnel
The Collaborative proposes the highly-experience land
development professional, Terrence Byrd, to serve as our
on-site Plan Reviewer supporting the City of Milton on a
day-to-day basis. In this role Terrence would review plans
generally less than one acre and not requiring a hydrological
review. Furthermore, Terrence brings the added benefit of
being an experienced land development inspector available
to give Milton even broader field inspection capabilities
when necessary to ensure site plans are adhered to during
the construction phase.
In addition to Terry, we propose providing Milton up to a total of 20 hours per week of engineer time,
involving Gilbert Quinones, P.E. and Jon Amsberry, P.E., to review more complex development
projects, e.g., larger subdivisions, mixed-use development and for sites greater than one acre requiring
NPDES review.
Proposed Process
Working together, our Plan Review Team will review all plans and supporting materials accompanying
applications to the City for land disturbance permits, building permits and final plat applications. In
processing each application, our Engineer will review the applications in accordance with all
regulations and standards, policies and zoning conditions for the City of Milton as well as County, State
and Federal mandates associated with land development. These will include, at a minimum, tree
preservation, grading, erosion control, installation of infrastructure for storm water management,
sanitary sewer, roadways, curb and gutter, sidewalks, landscaping and compliance to certain buffer
and stream preservation requirements. The Plan Review Team will be responsible for: performing all
land development plan reviews, both submitted in paper and electronically; coordinating with
applicants and other City staff to ensure a thorough, clear and streamlined process; calling on
appropriate other City resources as needed to provide needed expertise on certain aspects of reviews;
remaining available for consultation to both applicants and City staff throughout the review process.
Collaborative plan review staff are highly
trained, attentive to details and customer
service. They identify and resolve potential
problems early in the land development
process rather than on the construction site.
Randy Beck, Former Director
Planning and Community Services
Fulton County, Georgia
Aug 27, 2019
City of Milton, GA
Plan Review Services – RFP 19-CD06
2
Courtesy and Communication: Collaborative personnel are trained to provide clients with the highest
level of customer service. In doing so, our Engineer and all supporting staff will perform work in
conformance with the City’s standards of employee
performance and conduct. This includes promptly receiving
calls and answering questions about permits and
requirements in a courteous and constructive manner. We
will proactively coordinate plan reviews with other City of
Milton departments. The Plan Reviewers will conduct
meetings with an applicant or an applicant’s
representatives to provide information about the
development and permit process. Additionally, our Plan
Review Team will work outside of normal business hours in
support of plan review activities, e.g., attending meetings.
Innovate to Improve: It is a Collaborative practice to
incentivize staff with spot and annual bonuses for proposing
innovations that result in client cost savings, higher quality services or products, and reduced turn-
around times. In support of Milton, as Terrence, Gilbert and Jon become familiar with the City’s
processes, we will prepare a set of recommendations presenting possible improvements within 45 days
of project start up. For example, following project start up, we worked with the City of Sandy Springs to
significantly reduce project review cycles to what is shown in Table 1.
If the City of Milton does not already do so already, we propose the City consider instituting
“Developer Fridays,” a highly effective process to promote higher quality development projects in
Milton. This is similar to a process we instituted in support of the City of Sandy Springs. If agreeable to
the City, we would publicize to the building and development community that every Friday would be
set aside to discuss with the City’s team more complex development projects, e.g., commercial
developments and extremely large homes. What’s more, we would bring to the meetings
representatives from across the Community Development and other appropriate City departments
who might ultimately be involved in reviewing proposals
when their permit applications are submitted. For example,
in Sandy Springs, it is common for planners, representatives
of Public Works, Fire and other groups within the City to
attend. Such weekly meetings present opportunities for
floating ideas and asking “what if?” questions. In Sandy
Springs, builders and developers have learned their
participation saves them significant amounts of time and
money; instead of preparing and submitting expensive
design and construction drawings and then have them
returned with extensive issues identified, they gained increased confidence that their submittals
largely reflected the various pertinent regulations and guidelines the City is responsible for overseeing.
The Collaborative’s proposed fee structure is included in the Pricing section of the proposal.
Residential (Single Family)
Remodel – Interior: Over the Counter
Addition – Minor: Over the Counter to 1
Working Day
Addition – Major: 5 Working Days
New: 5 Working Days
Commercial
Remodel – Interior: Over the Counter to 3
Working Days
Office or Multi-Family: 7-10 Working Days
Signs: 5 Working Days
Land Disturbance or Plats: 7-10 Working Days
Table1: Proposed Maximum Time to 1st Comment
Proposed Maximum Time to 1st Comment
Aug 27, 2019
City of Milton, GA
Plan Review Services – RFP 19-CD06
3
Resumes
Terrence Byrd
Plan Reviewer
While serving in the position of Land Development Supervisor and Storm Water Coordinator with the
Collaborative, Terrence has held primary oversight responsibility for all permitted land development
activity in the city of Sandy Springs. This includes the continuous conduct of field visits to active
development sites to ensure compliance with all environmental and development regulations. In
addition, his responsibilities include implementation of strategies to coordinate post-development
MS4 compliance, including reporting to agencies such as the Georgia Soil and Water Conservation
Commission, the Environmental Protection Division and the Fulton County Soil and Water Conservation
District.
Representative Project Experience
In support of the Collaborative’s Sandy Springs contract, Terrence has managed the code case system
for the Land Development Division, maintaining a current knowledge base of all major construction
sites in the City, and enjoys productive relationships with developers, contractors, and residents. While
in this position, Terrence also implements a strategic approach to the resolution of complaints and
disputes between citizens and developers in the City.
Terrence’s managerial accomplishments in this position include improved consistency of approach in
the review of site plans; improved consistency in the enforcement of ordinances; and project
management that is clearly aligned with the City’s goals and output requirements.
As a Project Manager and Street and Highway Inspector for the City of Roswell, Terrence managed
construction crews for highways and associated structures. His responsibilities in this position included
construction oversight on road construction, drainage structures, and concrete or asphalt paving
projects. Terrence identified critical “go-no-go” decisions in the oversight of approvals of construction
projects by conducting inspections at critical phases; this included obtaining approvals from the
owner’s architects engineers, independent testing agencies and government inspectors.
His duties also included the provision of detailed progress reports on work accomplished against
budgeted projections, including detailed accounting of contractor payments for each project. His
accomplishments included the creation of a new reporting procedure to calculate final payment to
contractors. He also Increased project efficiency by identifying workload variances and implementing
corrective actions on time. He applied his organizational skills to create, budget, and implement plans
for present and future construction projects.
While in the position of Quality Control Manager with Acsential Services, Terrence reviewed
contractual agreements and specifications to determine the appropriateness of various quality control
measures and initiated contract procedures designed to ensure compliance. In addition, he designed,
developed and delivered business development strategies for government contracts. These included:
project planning for field facility workforce teams; plans for project control, project accounting, and
project communications, and; reports on site standard inspections. Terrence’s accomplishments, in
terms of the practical positive impacts on organizations include the following: work units were changed
from functional departments to process teams; jobs were restructured from being defined by simple
tasks to multidimensional work; employees self-appraisals changed from controlled to empowered
Aug 27, 2019
City of Milton, GA
Plan Review Services – RFP 19-CD06
4
and; activities, rather than just results, became the principal focus of performance measures and
compensation.
While with the Landscape Division of Arnold Environmental Services, Terrence supervised day to day
operations of lawn maintenance and installation, including the installation and oversight of irrigation
systems, the management of production crews, and workforce planning. At Picture Perfect Lawn Care,
where he held the position of Operations Manager, Terrence supervised day-to-day operations,
involving lawn maintenance and irrigation system installation. He also managed field crews for quality
assurance, schedule adherence, and budget performance. He had similar responsibilities while serving
as Operations Manager with Green Lawn.
Education
B.A., Luther Rice University, expected graduation 2019
Professional Activities
GSWCC Level II Certified Plan Reviewer
GSWCC Level 1B Certified Inspector
MS4 Compliance and Enforcement Certified Inspector
Certified to oversee Asphalt projects
Certified to oversee Concrete projects
Gilbert Quinones, PE, RLS, CFM
Plan Reviewer
Gilbert draws on over 35 years as a Georgia-licensed Professional Engineer and Surveyor to provide
development plan review support to the Collaborative’s contract with the City of Sandy Springs, a
lively development environment in which our staff is called upon to review a large volume of
proposals.
Representative Project Experience
Before joining the Collaborative, he was President of Q-B Engineering, a civil engineering design and
surveying firm that had provided site plan review services for the cities of Norcross, Doraville and
Sandy Springs. For Norcross, he managed preliminary and final plan review of all residential and
commercial plan submittals. Other Norcross plan review services included hydrology and storm water
plan review, flood plain review, implementation of the MS4 program management program, and
erosion and sediment control review.
Gilbert has supervised the provision of civil design and survey services for hundreds of subdivisions
streets. Examples include the following: Pinewalk Subdivision, a 200+ lot subdivision in Fulton County;
the Riverwalk Subdivision, a 150+ lot subdivision in DeKalb County, the White Cliffs Subdivision, a 30-
lot subdivision in Gwinnett County; the Greenmont Walk Subdivision, a 50+ lot subdivision in the City
of Alpharetta; and the Whites Mill Subdivision, a 100+ lot subdivision in DeKalb County.
Gilbert has also provided professional engineering services in support of the Harbins Pointe
Subdivision, a 100+ lot subdivision in Gwinnett County; the Williamsburg Subdivision, a 100+ lot
subdivision in Alpharetta; the Arbor North Subdivision, a 35-lot subdivision in North Fulton County; the
Col. Jones Park, a 20 lot high scale subdivision in the City of Norcross; the Sugar Mill Creek Subdivision,
Aug 27, 2019
City of Milton, GA
Plan Review Services – RFP 19-CD06
5
a 200+ lot subdivision in DeKalb County; Village Park, Unit Two, a 44 lot subdivision in Gwinnett
County; Village Walk of East Atlanta, a 60 lot subdivision in the City of Atlanta and numerous others
throughout the Atlanta Metro area.
Gilbert’s experience in the provision of civil design and survey services for shopping centers includes
the following projects: Davis Mill Village in Gwinnett County; Cedar Mountain Village in Douglas
County; Midway Village in Douglas County; Citizens Square in Paulding County; Creekwood Village in
Clayton County; Olde Mill expansion in Cobb County; Sweetwater Village expansion in Douglas County;
Fresh Market in Gwinnett County; Macland Pointe in Cobb County; Brookhaven Plaza in DeKalb
County; and University Commons in Statesboro.
Projects for which Gilbert has provided general surveying services, including boundary and topographic
surveys, include: the Gun Club Solid Waste Landfill in Atlanta; the Key Road Solid Waste landfill in
Atlanta; the Cascade Road Solid Waste Landfill in Atlanta; the East Confederate Road Solid Waste
Landfill in Atlanta; the Sandy Springs Watershed Assessment in Fulton County; drainage improvements
at Fort McPherson in Atlanta; layout work for Lockheed in Cobb County and drainage mapping for the
Naval Supply Corps School in Athens.
Gilbert’s transportation experience includes design and survey support for numerous Fulton County
roadway projects, including: the Oakley Industrial Boulevard Extension; the Peachtree-Dunwoody Road
Widening; and improvements to Cascade Road. Gilbert has supervised the provision of civil design and
survey services for hundreds of subdivisions streets including the Pinewalk Subdivision, a 200-lot
subdivision in Fulton County and the Riverwalk Subdivision, a 150-lot subdivision in DeKalb County.
Education
Bachelor of Science, Civil Engineering, Georgia Institute of Technology
Professional Activities
Professional Engineer Licensed in Georgia
ASFPM Certified Floodplain Manager (CFM)
Jon G. Amsberry, P.E.
Plan Reviewer
Jon has over 30 years of design and project management experience. He has successfully completed
numerous complex high-profile type projects including municipal consulting services, multi-family
residential sites, single-family sites, commercial/retail sites, hospital campuses and sites, industrial
facilities, mixed-use development sites, automotive racetrack facility design, and railroad engineering.
He has served as prime consultant lead on architecture and engineering projects, performed plan
reviews for local municipalities and performed quality assurance peer reviews. His focus has been to
develop creative value-engineered and sound solutions to difficult project assignments with the clear
goal of client satisfaction and sound engineering practice. His experience includes permitting through
Local, State and Federal jurisdictions.
Representative Project Experience
As Senior Engineer for the Collaborative, Jon has served as our lead on-site engineer supporting Fulton
County’s Department of Planning and Community Services. In this role, he has reviewed civil site
construction plans for conformance with Fulton County Standards and Regulations as well as State of
Aug 27, 2019
City of Milton, GA
Plan Review Services – RFP 19-CD06
6
Georgia regulations. His review and approval of plans has involved site grading, drainage, storm water
management, water quality treatment, sanitary sewer and erosion and sediment control design. Jon
has managed a team of land development and site infrastructure field inspectors charged with
ensuring adherence to applicable local, state and federal requirements. His duties have also included
providing and recording inspections of outfalls and other associated items required by the County’s
MS4 permitting. Additionally, Jon has also managed citizen communications regarding drainage and
erosion issues.
Jon served as City Engineer for the City of Semmes, Alabama, while with Driven Engineering. In this
role, Jon reviewed numerous development plans to ensure conformance with city standards and
regulations. He issued comments regarding plan deficiencies. He inspected completed sites to ensure
construction was completed in accordance with approved plans.
As VP of Engineering Services for Driven, Jon managed engineering staff for transportation and civil-site
projects. He managed the design of a grade, drain, base and paving road project in Mobile County,
Alabama. The project included design for paving, drainage and roadway alignment, public involvement,
utility coordination and bid services.
Jon was program manager and project manager for the design of a new fire station for the City of
Chickasaw. The project included programming to meet tight budget constraints while still meeting the
City’s need for a new fire station. He managed the architect and other engineering consultants to
achieve the desired program needs. He was responsible for overall project scheduling, plan production
and project delivery.
As Senior Engineer for Crescent Development, Inc., Jon established the engineering section for a
design/build development company. He was responsible for site layout and design from conceptual
planning through project closeout, including certificates of occupation.
Jon managed and designed the Archstone-Clairmont, a 700-unit multi-family development, within a
highly-urbanized environment in the Atlanta area. This included design for site layout and grading,
drainage, potable water and fire protection systems, sanitary sewer systems, stormwater management
and water quality facilities. He also managed the Ashton Grove Senior Residential Facility, a project
that included site layout, grading, drainage, potable water, fire service and sewer design. The project
scope included permitting through DeKalb County and the coordination with design of an off-site storm
water management facility.
Jon managed the site-civil design of Mountain East, a 14-acre development at the intersection of West
Park Place Boulevard and New Bermuda Road in Gwinnett County. The project combined several tracts
of property for mixed uses of retail, restaurants, and office. The project was served by a common
detention facility. To finalize permitting, Jon analyzed the existing pond system constructed in the
1980s. His analysis included reviewing studies and reports for the original design and then redesign the
detention facilities to comply with the Georgia Stormwater Management Manual and Gwinnett County
current standards.
Jon managed and assisted in the design of the Reserve at Druid Hills, a 300-unit multi-family
development. The project involved site layout. His design included grading, drainage, potable water
and fire protection systems, sanitary sewer system, roadway crossings, and stormwater management
and water quality facility.
Aug 27, 2019
City of Milton, GA
Plan Review Services – RFP 19-CD06
7
Jon maintains proficiency with design software including: Autocad, Autodesk Civil 3D, Microstation,
HEC-RAS, Hydraflow Hydrographs, EPA SWMM, and Eagle Point.
Education
Bachelor of Science, Civil Engineering, The Citadel
Professional Activities
Professional Engineer Licensed in Georgia and Alabama
Georgia Soil & Water Conservation Commission Levels 1B & 2 E & S Certification
Experience and References
Please find below 3 representative projects from within the past ten years, with a contact reference.
Representative Projects:
• Community Development Services, City of Sandy Springs, Georgia
• Plan Review Services, Planning and Community Services Department, Fulton County, GA
• Plan Review Engineering Services, City of Norcross, Georgia
Community Development Services
City of Sandy Springs, Georgia
In 2011, the Collaborative began a multi-year on-site contract managing the
Departments of Community Development for the City of Sandy Springs. Relevant to this
City of Milton assignment, the firm oversaw plan reviews, engineering reviews and land
development inspections.
With the city experiencing significant redevelopment, staff conduct reviews
and inspect a large number of residential and commercial projects. The high
level activity can be found in the revenue generated in Building and
Development fees. In 2016 fees were $2.9M, and fees for FY17 are projected to
be $4.5M. Each month, on average, our staff issues 50 commercial and 60
residential building permits; review approximately 40 land plans and 200
building plans; conduct 500-800 building inspections; and issue over 40
certificates of occupancy.
“The Collaborative provides thoughtful expertise and creative thinking as they assist the City in
our community development and communications programs, working with us from the
development of our city center to media relations.” Eva Galambos, Former Mayor, City of Sandy
Springs, GA
Reference: Jim Tolbert, Asst. City Manager, 770-206-1418, JTolbert@sandyspringsga.gov
Aug 27, 2019
City of Milton, GA
Plan Review Services – RFP 19-CD06
8
Plan Review Services
Planning and Community Services Department, Fulton County, GA
The Collaborative provides in-house plan review services for
the remaining unincorporated South Fulton County in the
following areas:
• Engineering Review for Land Development
• Site Development/Infrastructure Inspections
• Municipal Separate Storm Sewer System (MS4)
inspections and program management
• Georgia Soil Water Conservation Commission Local
Issuing Authority (LIA) compliance and program administration
• Planning Services
With an appropriate staff mix, the Collaborative efficiently manages development and construction projects in
unincorporated South Fulton. A key firm focus is the application of best management practices and soil and
erosion controls standards in accordance with all appropriate State and local regulations. The firm ensures that
all roadway and associated infrastructure improvements constructed within the County right-of-way and public
utility easements meet County, State and Federal standards. In addition, Collaborative staff ensures that all MS4
and LIA obligations are met. Staff augmentation is provided to assist with Planning and Zoning.
I cannot recommend the Collaborative highly enough. Four full-time staff support Fulton County’s Office of
Planning and Community Development in the areas of planning, plan review engineering and land development
inspections. Collaborative staff are highly trained, attentive to details and customer service. They identify and
resolve potential problems early in the land development process rather than on the construction site. From the
beginning, Collaborative staff have helped cut review turn-around times. Their inspection team spearheaded a
dramatic reduction in erosion and stormwater complaints. Behind the scenes, Collaborative corporate provides
proactive and strong leadership to ensure our requirements are fulfilled on-time and within budget.
- Randy Beck, Former Director, Planning and Community Services, Fulton County, Georgia
Reference: Randy Beck, Assistant Administrator, Transportation
Ph: 404-612-8053, randy.beck@fultoncountyga.gov
Aug 27, 2019
City of Milton, GA
Plan Review Services – RFP 19-CD06
9
Plan Review Engineering Services
City of Norcross, Georgia
For more than a decade, while as head of Q-B Engineering, Gilbert Quinones, Collaborative Senior
Engineer, provided plan review engineering services to the City of Norcross, Georgia. Plan review
services included the review of all residential and commercial plan submittals, preliminary and final
plan review, and communication and coordination with homeowners, developers and other project
proponents.
Other key tasks included hydrology and storm water plan review, flood plain review, implementation
of the MS4 program management program, and erosion and sediment control review.
To streamline the plan review process, technical assistance was provided with respect to the plan
review and permit process.
All reviews were conducted in collaboration with all other appropriate City departments.
Reference: Johnny Lawler, Former Community Development Director, City of Norcross
Ph: 770.687.5034, johnnylawler@hotmail.com
Aug 27, 2019
City of Milton, GA
Plan Review Services – RFP 19-CD06
10
Pricing
The Collaborative cost proposal includes providing Milton a full-time Plan Reviewer to oversee
processing of simple reviews and up to 20-hours per week of Professional Engineering services to
process more complicated reviews.
We provide hourly rates and an annual total cost for each labor category. Salaries will be escalated by
2.5% subsequent contract years.
Please note that we would discuss our service delivery approach and pricing strategy further with the
City.
Rates:
Hourly rates include direct labor, overhead, fee, and are based on a billable year of 1840 hours.
Hourly Annual
1. Plan Reviewer (40hrs/wk) $63.10 $116,105
2. Plan Reviewer, P.E. (up to 20 hrs/wk) $88.25 $ 91,775
Total $207,881
EXHIBIT “B”
~ Please note the original price has been superseded by the negotiated price attached in Exhibit B ~
City of Milton, GA
Plan Review Services, RFP: 19-CD06
Pricing Revised October 4, 2019
The Collaborative is pleased to submit this revised cost proposal in response to the October 1, 2019
email from Honor Motes, Milton Procurement Manager. This revised proposal includes providing
Milton a full-time Plan Reviewer to review simple plans and up to 16 hours per week of Professional
Engineering support services for plan review on larger developmentprojects and any additional items
that require technical support.
We provide hourly rates and an annual total for each labor category. Rates will be escalated by 2.5%
for each contract year following Year 1.
Rates:
Hourly rate for position 1. Plan Reviewer (40 hours per week) include direct labor, overhead, fee, and is
based on a billable year of 1,840 hours. While the annual total for position 2. Plan Reviewer, PE is
based on billing 16 hours per week, it is understood that the actual hours per week will vary; billing will
be based on the total hours worked.
Hourly Annual
1. Plan Reviewer (40 hours/week) $63.10 $116,105
2. Plan Reviewer, P.E. (up to 16 hours/week) $88.25 $ 73,424
the COLLABORATIVE 64,yr f. C,od'
October 4, 2019
EXHIBIT “D”
STATE OF ____________
COUNTY OF ___________
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91,
stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance
of services on behalf of the City of Milt on, 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
The Collaborative, Inc.
Name of Contractor
Plan Review Services
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on _________, 20___ in
_____________________ (city), ______ (state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF
______________, 20___.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
_________________________________
EXHIBIT “E”
STATE OF _____________
COUNTY OF ___________
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13 -10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical
performance of services under a contract with The Collaborative, Inc. (name of contractor) on behalf of the
City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization
program commonly known as E-Verify, or any subsequent replacement program, in accordance with the
applicable provisions and deadlines established in O.C.G.A. § 13 -10-91. Furthermore, the undersigned
subcontractor will continue to use the federal work authorization program throughout the contract period,
and the undersigned subcontractor will contract for the physical performance of services in satisfaction of
such contract only with sub-subcontractors who present an affidavit to the subcontractor with the
information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward
notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days
of receipt. If the undersigned subcontractor receives notice that a su b-subcontractor has received an
affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within
five (5) business days of receipt, a copy of the notice to the contractor.
Subcontractor hereby attests that its federal work authorization user identification number and date
of authorization are as follows:
_________________________________
Federal Work Authorization User Identification
Number
_________________________________
Date of Authorization
_________________________________
Name of Contractor
Plan Review Services
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on _________, 20__ in
_____________________ (city), ______ (state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF
______________, 20___.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
_________________________________
EXHIBIT “F”
The following individuals are designated as Key Personnel under this Agreement and, as
such, are necessary for the successful prosecution of the Work: See Exhibit B
MILTON
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE:November 26, 2019
FROM: Steven Krokoff, City Manager .
AGENDA ITEM: Approval of a Professional Services Agreement between the
City of Milton and CI -12M Hill for an Acquisition Agent for the
City of Milton Parks.
MEETING DATE: Monday, December 2, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (41APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (.SES (J NO
CITY ATTORNEY REVIEW REQUIRED: (t�/YES () NO
APPROVAL BY CITY ATTORNEY: ('�IAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: I L(&tl ZVA
2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info®cityofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Jim Cregge, Parks & Recreation Director
Date: Submitted on November 22, 2019 for the December 2, 2019 Regular
City Council Meeting
Agenda Item: Approval of a Professional Services Agreement between the City of
Milton and CH2M Hill for an Acquisition Agent for the City of Milton
Parks.
Department Recommendation: Approval
Executive Summary: This is a contract for land acquisition services for the acquisition of
property rights for the City of Milton Parks and Recreation Department for future
potential parks and/or recreational use.
Procurement Summary:
Purchasing method used: Professional Services
Account Number: 300-6110-541401401
Requisition Total: $ 50,000
Financial Review: Bernadette Harvill, November 25, 2019
Legal Review: Sam VanVolkenburgh, November 21, 2019
Concurrent Review: Steve Krokoff, City Manager
Attachment: Contract
1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this_____ day of _____________, 20___
(the “Effective Date”), by and between the CITY OF MILTON, GEORGIA, a municipal
corporation of the State of Georgia, acting by and through its governing authority, the Mayor and
City Council (hereinafter referred to as the “City”), and CH2M Hill Engineers Inc., a Colorado
corporation, (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” – RESERVED
2
Exhibit “B” – RESERVED
Exhibit “C” – Scope of Work
Exhibit “D” – Contractor Affidavit
Exhibit “E” – Subcontractor Affidavit
B. Project Description. The “Project” at issue in this Agreement is generally
described as: Land acquisition services for the acquisition of property rights for the City of Milton
Parks and Recreation department for future potential parks and/or recreation use.
C. The Work. The Work to be completed under this Agreement (the “Work”)
includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit
“C”, attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit
“C”, the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat,
utilities, transportation, facilities, services and any other miscellaneous items and work necessary
to complete the Work. Some details necessary for proper execution and completion of the Work
may not be specifically described in the Scope of Work, but they are a requirement of the Work if
they are a usual and customary component of the contemplated services or are otherwise necessary
for proper completion of the Work.
D. Schedule, Completion Date, and Term of Agreement. Consultant will perform
the Work in a prompt and timely manner. The term of this Agreement (“Term”) shall commence
as of the Effective Date, and the Agreement shall terminate on December 31, 2020 (provided that
certain obligations will survive termination/expiration of this Agreement). As 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 calend ar
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 calendar year. Title to any supplies, materials, equipment, or
other personal property (if any should transfer under this Agreement) shall remain in Consultant
until fully paid for by City.
II. WORK CHANGES
A. Change Order Defined. A “Change Order” means a written modification of the
Agreement, signed by representatives of City and Consultant with appropriate authorization.
B. Reserved
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 Change Order. The City Manager has authority to execute,
without further action of the Mayor or City Council, any number of Change Orders so long as their
3
total effect does not materially alter the terms of this Agreement or materially increase the
Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially
altering the terms of this Agreement, or any Change Order affecting the price where the Maximum
Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor
and City Council. Amendments shall not result in a variance in price exceeding ten percent of the
original contract amount.
III. COMPENSATION AND METHOD OF PAYMENT
A. Payment Terms. City agrees to pay 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.
The compensation for Work performed shall be based upon an hourly rate, not to exceed $110.81
per hour for calendar year 2019 and $114.13 for calendar year 2020, plus costs as described below.
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 to Consultant’s direct costs for items
such as long distance telephone and telecommunications, facsimile transmission, normal postage
and express mail, photocopying charges, and automobile mileage. Automobile mileage shall be
no more than the current deductible rate set by the Internal Revenue Service. There will be no
compensation for transportation (other than mileage reimbursement), lodging, or meals.
IV. COVENANTS OF CONSULTANT
A. Expertise of Consultant; Licenses, Certification and Permits. Consultant
accepts the relationship of trust and confidence established between it and City, recognizing that
City’s intention and purpose in entering into this Agreement is to engage an entity with the
requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit
of the timely and competent completion of the Work undertaken by Consultant under this
Agreement. Consultant shall employ only persons duly qualified in the appropriate area of
expertise to perform the Work described in this Agreement.
4
Consultant covenants and declares that it has obtained all diplomas, certificates, licenses,
permits or the like required of Consultant by any and all national, state, regional, county, or local
boards, agencies, commissions, committees or other regulatory bodies in order to perform the
Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work
in accordance with the standard of care and quality ordinarily expected of competent professionals
and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders
applicable to the Project, including, but not limited to, any applicable records retention
requirements and Georgia’s Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional
work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting
the applicable standard of care or quality will be provided by Consultant at no additional cost to
City. This provision shall survive termination of this Agreement.
B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary
limitations are not a justification for breach of sound principals of Consultant’s profession and
industry. Consultant shall take no calculated risk in the performance of the Work. Specifically,
Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations
established without disregarding sound principles of Consultant’s profession and industry,
Consultant will give written notice immediately to City.
C. City’s Reliance on the Work. Consultant acknowledges and agrees that City does
not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City
bears no responsibility for Consultant’s Work performed under this Agreement. Consultant
acknowledges and agrees that the acceptance of Work by City is limited to the function of
determining whether there has been compliance with what is required to be produced under this
Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness
of Consultant’s performance. Consultant further agrees that no approval of designs, plans,
specifications or other work product by any person, body or agency shall relieve Consultant of the
responsibility for adequacy, fitness, suitability, and correctness of Consultant’s Work under
professional and industry standards, or for performing services under this Agreement in
accordance with sound and accepted professional and industry principles.
D. Consultant’s Reliance on Submissions by City. Consultant must have timely
information and input from City in order to perform the Work required under this Agreement.
Consultant is entitled to rely upon information provided by City, but Consultant shall provide
immediate written notice to City if Consultant knows or reasonably should know that any
information provided by City is erroneous, inconsistent, or otherwise problematic.
Notwithstanding the above, Consultant shall not be responsible for errors or omission that have
been incorporated in the Work by others not under Consultant's control.
E. Consultant’s Representative. Kevin Dye 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
5
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, employees, representatives, and volunteers (individually an “Indemnified Party”
and collectively “Indemnified Parties”) from and against any and all third party claims, suits,
actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever,
including but not limited to attorney’s fees and costs of defense (“Liabilities”), which may arise
from or be the result of an alleged willful, negligent or tortious act or omission arising out of the
Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone
directly employed by Consultant or subcontractor or anyone for whose acts or omissions
Consultant or subcontractor may be liable. This indemnity obligation shall only apply to the
proportionate 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 b enefit 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.
To the extent allowable by Georgia law, the City shall be responsible for and shall
indemnify, and hold harmless Consultant, its officers, employees, representatives, and agents, from
and against any and all claims, demands, suits, costs (including reasonable legal costs), expenses,
and liabilities by reason of personal injury, loss or damage, to the proportionate extent caused by
the negligence or breach of duty of the City or any elected or appointed officials, officer, employee
or volunteer of the City.
In disputes between the City and Consultant, in no event shall either part y, its
subcontractors or their officers or employees be liable to the other party for any special, indirect
or consequential damages, whether such liability arises in breach of contract or warranty, tort
including negligence, strict or statutory liability, or any other cause of action, provided, however,
such limitation does not include (i) any liability for which Consultant is obligated to indemnify
City based upon special, indirect or consequential damages suffered by any third parties; (ii)
damages for bodily injury, death, or damage to real property or tangible personal property; and
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(iii) damages caused by the liable party’s gross negligence or willful misconduct.
H. Independent Contractor. Consultant hereby covenants and declares that it is
engaged in an independent business and agrees to perform the Work as an independent contractor
and not as the agent or employee of City. Nothing in this Agreement shall be construed to make
Consultant or any of its employees, servants, or subcontractors, an employee, servant or agent of
City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the
time and place the Work is performed and the method used to perform such Work; the
instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of
consultants, agents or employees to complete the Work; and the payment of employees, including
benefits and compliance with Social Security, withholding and all other regulations governing
such matters. Consultant agrees to be solely responsible for its own acts and those of its
subordinates, employees, and subcontractors during the life of this Agreement. There shall be no
contractual relationship between any subcontractor or supplier and City by virtue of this
Agreement with Consultant. Any provisions of this Agreement that may appear to give City the
right to direct Consultant as to the details of the servic es to be performed by Consultant or to
exercise a measure of control over such services will be deemed to mean that Consultant shall
follow the directions of City with regard to the results of such services only. It is further
understood that this Agreement is not exclusive, and City may hire additional entities to perform
the Work related to this Agreement.
Inasmuch as City and Consultant are independent of each other, neither has the authority
to bind the other to any third person or otherwise to act in any way as the representative of the
other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant
agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee
of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then
only for the limited purpose stated in such authorization. Consultant shall assume full liability for
any contracts or agreements Consultant enters into on behalf of City without the express
knowledge and prior written consent of City.
I. Insurance.
(1) Requirements: Consultant shall have and maintain in full force and effect
for the duration of this Agreement, insurance insuring against claims for
injuries to persons or damages to property which may arise from or in
connection with the performance of the Work by Consultant, its agents,
representatives, employees or subcontractors. All policies shall be subject
to approval by City as to form and content. These requirements are subject
to amendment or waiver if so approved in writing by the City Manager.
(2) Minimum Limits of Insurance: Consultant shall maintain the following
insurance policies with coverage and limits no less than:
(a) Commercial General Liability coverage of at least $1,000,000 (one
million dollars) combined single limit per occurrence and
$2,000,000 (two million dollars) aggregate for comprehensive
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coverage including for bodily and personal injury, sickness, disease
or death, injury to or destruction of property, including loss of use
resulting therefrom.
(b) Commercial Automobile Liability (owned, non-owned, hired)
coverage of at least $1,000,000 (one million dollars) combined
single limit per occurrence for comprehensive coverage including
bodily and personal injury, sickness, disease or death, injury to or
destruction of property, including loss of use resulting therefrom.
(c) Professional Liability of at least $1,000,000 (one million dollars)
limit for claims arising out of professional services and caused by
Consultant’s errors, omissions, or negligent acts.
(d) Workers’ Compensation limits as required by the State of Georgia
and Employers’ Liability limits of $1,000,000 (one million dollars)
per occurrence or disease. (If Consultant is a sole proprietor, who
is otherwise not entitled to coverage under Georgia’s Workers’
Compensation Act, Consultant must secure Workers’ Compensation
coverage approved by both the State Board of Workers’
Compensation and the Commissioner of Insurance. The amount of
such coverage shall be the same as what is otherwise required of
employers entitled to coverage under the Georgia Workers’
Compensation Act. Further, Consultant shall provide a certificate
of insurance indicating that such coverage has been secured and that
no individual has been excluded from coverage.)
(e) Commercial Umbrella Liability Coverage: $ ___N/A_______ per
occurrence shall be provided and will apply over all liability
policies, without exception, including but not limited to Commercial
General Liability, Commercial Automobile Liability, Employers’
Liability, and Professional Liability.
(3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured
retentions must be declared to and approved by City in writing so that City
may ensure the financial solvency of Consultant; self-insured retentions
should be included on the certificate of insurance.
(4) Other Insurance Provisions: Each policy shall contain, or be endorsed to
contain, the following provisions respectively:
(a) General Liability, Automobile Liability and (if applicable) Umbrella
Liability Coverage.
(i) Additional Insured Requirement. City and City’s elected
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and appointed officials, officers, boards, commissioners,
employees, representatives, consultants, servants, agents and
volunteers (individually “Insured Party” and collectively
“Insured Parties”) shall be named as additional insureds as
respects: liability arising out of activities performed by or on
behalf of Consultant; products and completed operations of
Consultant; premises owned, leased, or used by Consultant;
automobiles owned, leased, hired, or borrowed by
Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the Insured Parties.
Nothing contained in this section shall be construed to
require the Consultant to provide liability insurance
coverage to any Insured Party for claims asserted against
such Insured Party for its sole negligence.
(ii) Primary Insurance Requirement. Consultant’s insurance
coverage shall be primary noncontributing insurance as
respects to any other insurance or self-insurance available to
the Insured Parties. Any insurance or self-insurance
maintained by the Insured Parties shall be in excess of
Consultant’s insurance and shall not contribute with it.
(iii) Reporting Requirement. Any failure to comply with
reporting provisions of the policies shall not affect coverage
provided to the Insured Parties.
(iv) Separate Coverage. Coverage shall state that Consultant’s
insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect
to limits of insurance provided.
(v) Defense Costs/Cross Liability. Coverage shall be
provided on a “pay on behalf” basis, with defense costs
payable in addition to policy limits. There shall be no cross
liability exclusion.
(vi) Subrogation. The insurer shall agree to waive all rights of
subrogation against the Insured Parties for losses arising
from Work performed by Consultant for City.
(b) Workers’ Compensation Coverage. The insurer providing Workers’
Compensation Coverage will agree to waive all rights of
subrogation against the Insured Parties for losses arising from Work
performed by Consultant for City.
(c) All Coverages.
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(i) Notice Requirement. Each insurance policy required by
this Agreement shall be endorsed to state that coverage shall
not be suspended, voided, or canceled except after thirty (30)
calendar days prior written notice (or 10 calendar days if due
to non-payment) has been given to City. City reserves the
right to accept alternate notice terms and provisions,
provided they meet the minimum requirements under
Georgia law.
(ii) Starting and Ending Dates. Policies shall have concurrent
starting and ending dates.
(iii) Incorporation of Indemnification Obligations. Policies shall
include an endorsement incorporating the indemnification
obligations assumed by Consultant under the terms of this
Agreement, including but not limited to Section IV(G) of
this Agreement.
(5) Acceptability of Insurers: The insurance to be maintained by Consultant
must be issued by a company licensed or approved by the Insurance
Commissioner to transact business in the State of Georgia. Such insurance
policies shall be placed with insurer(s) with an A.M. Best Policyholder’s
rate of no less than “A-” and with a financial rating of Class VII or greater.
The Consultant shall be responsible for any delay resulting from the failure
of its insurer to provide proof of coverage in the proscribed form.
(6) Verification of Coverage: Consultant shall furnish to City for City approval
certificates of insurance and endorsements to the policies evidencing all
coverage required by this Agreement prior to the start of work. Without
limiting the general scope of this requirement, Consultant is specifically
required to provide an endorsement naming City as an additional insured
when required. The certificates of insurance and endorsements for each
insurance policy are to be on a form utilized by Consultant’s insurer in its
normal course of business and are to be signed by a person authorized by
that insurer to bind coverage on its behalf, unless alternate sufficient
evidence of their validity and incorporation into the policy is provided. City
reserves the right to require complete, certified copies of all required
insurance policies at any time. Consultant shall provide proof that any
expiring coverage has been renewed or replaced prior to the expiration of
the coverage.
(7) Subcontractors: Consultant shall either (1) ensure that its insurance policies
(as described herein) cover all subcontractors and the Work performed by
such subcontractors or (2) ensure that any subcontractor secures separate
policies covering that subcontractor and its Work. All coverage for
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subcontractors shall be subject to all of the requirements stated in this
Agreement, including, but not limited to, naming the Insured Parties as
additional insureds.
(8) Claims-Made Policies: Consultant shall extend any claims-made insurance
policy for at least six (6) years after termination or final payment under the
Agreement, whichever is later, and have an effective date which is on or
prior to the Effective Date.
(9) City as Additional Insured and Loss Payee: City shall be named as an
additional insured and loss payee on all policies required by this Agreement,
except City need not be named as an additional insured and loss payee on
any Professional Liability policy or Workers’ Compensation policy.
(10) Progress Payments: The making of progress payments to Consultant shall
not be construed as relieving Consultant or its subcontractors or insurance
carriers from providing the coverage required in this Agreement.
J. Employment of Unauthorized Aliens Prohibited – E-Verify Affidavit. Pursuant
to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services
unless:
(1) Consultant shall provide evidence on City-provided forms, attached hereto
as Exhibits “D” and “E” (affidavits regarding compliance with the E-
Verify program to be sworn under oath under criminal penalty of false
swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant’s
subcontractors have registered with, are authorized to use and use the
federal work authorization program commonly known as E-Verify, or any
subsequent replacement program, in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 13-10-91, and that they
will continue to use the federal work authorization program throughout the
contract period, or
(2) Consultant provides evidence that it is not required to provide an affidavit
because it is an individual (not a company) licensed pursuant to Title 26 or
Title 43 or by the State Bar of Georgia and is in good standing.
Consultant hereby verifies that it has, prior to executing this Agreement, executed a
notarized affidavit, the form of which is provided in Exhibit “D”, and submitted such affidavit to
City or provided City with evidence that it is an individual not required to provide such an affidavit
because it is licensed and in good standing as noted in sub-subsection (2) above. Further,
Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and
Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor
Rule 300-10-1-.02.
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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 “E”, which subcontractor affidavit shall become part of the Consultant/subcontractor
agreement, or evidence that the subcontractor is not required to provide such an affidavit because
it is an individual licensed and in good standing as noted in sub-subsection (2) above. If a
subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within
five (5) business days of receipt from any subcontractor.
Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the
City Manager or his/her designee shall be authorized to conduct an inspection of Consultant’s and
Consultant’s subcontractors’ verification process at any time to determine that the verification was
correct and complete. Consultant and Consultant’s subcontractors shall retain all documents and
records of their respective verification process for a period of five (5) years following completion
of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A.
§ 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic
inspections to ensure that no City Consultant or Consultant’s subcontractors employ unauthorized
aliens on City contracts. By entering into a contract with City, Consultant and Consultant’s
subcontractors agree to cooperate with any such investigation by making their records and
personnel available upon reasonable notice for inspection and questioning. Where Consultant or
Consultant’s subcontractors are found to have employed an unauthorized alien, the City Manager
or his/her designee may report same to the Department of Homeland Security. Consultant’s failure
to cooperate with the investigation may be sanctioned by termination of the Agreement, and
Consultant shall be liable for all damages and delays occasioned by City thereby.
Consultant agrees that the employee-number category designated below is applicable to
Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A.
§ 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY]
____ 500 or more employees.
____ 100 or more employees.
____ Fewer than 100 employees.
Consultant hereby agrees that, in the event Consultant employs or contracts with any
subcontractor(s) in connection with this Agreement and where the subcontractor is required to
provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the
subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is
applicable to the subcontractor.
The above requirements shall be in addition to the requirements of state and federal law,
and shall be construed to be in conformity with those laws.
K. Records, Reports and Audits.
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(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
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
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Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest
exists, City may require that Consultant take action to remedy the conflict of interest or terminate the
Agreement without liability. City shall have the right to recover any fees paid for services rendered
by Consultant when such services were performed while a conflict of interest existed if Consultant
had knowledge of the conflict of interest and did not notify City within five (5) business days of
becoming aware of the existence of the conflict of interest.
Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree
to give any City employee or official, or for any City employee or official to solicit, demand,
accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or
an offer of employment in connection with any decision, approval, disapproval, recommendation,
or preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering of advice, investigation, auditing, or in
any other advisory capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to any program requirement or a
contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further
acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by
or on behalf of a sub-consultant under a contract to the prime Consultant or higher tier sub-
consultant, or any person associated therewith, as an inducement for the award of a subcontract or
order.
M. Confidentiality. Consultant acknowledges that it may receive confidential
information of City and that it will protect the confidentiality of any such confidential information
and will require any of its subcontractors, consultants, and/or staff to likewise protect such
confidential information. Consultant agrees that confidential information it learns or receives or
such reports, information, opinions or conclusions that Consultant creates under this Agreement
shall not be made available to, or discussed with, any individual or organization, including the
news media, without prior written approval of City. Consultant shall exercise reasonable
precautions to prevent the unauthorized disclosure and use of City information whether
specifically deemed confidential or not.
Consultant acknowledges that City’s disclosure of documentation is governed by Georgia’s
Open Records Act, and Consultant further acknowledges that if Consultant submits records
containing trade secret information, and if Consultant wishes to keep such records confidential,
Consultant must submit and attach to such records an affidavit affirmatively declaring that specific
information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10,
and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto.
N. RESERVED.
O. 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,
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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. Other
materials, statistical data derived from other clients and other client projects, software,
methodology and proprietary work used or provided by the Consultant to the City not specifically
created and delivered pursuant to the Work outlined in the Agreement shall not be owned by the
City and may be protected by a copyright held by Consultant and the Consultant reserves all rights
granted to it by any copyright.
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 disabilit y. 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.
S. 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,
15
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.
V. COVENANTS OF CITY
A. Right of Entry. City shall provide for right of entry for Consultant and all
necessary equipment as required for Consultant to complete the Work; provided that Consultant
shall not unreasonably encumber the Project site(s) with materials or equipment.
B. City’s Representative. Teresa Stickels shall be authorized to act on City’s behalf
with respect to the Work as City’s designated representative on this Project; provided that any
changes to the Work or the terms of this Agreement must be approved as provided in Section II
above.
VI. TERMINATION
A. For Convenience. City may terminate this Agreement for convenience at any time
upon providing written notice thereof at least thiry (30) 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 thirty (30) 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 thirty (30) day period, or otherwise remedy the breach or default
to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the
Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of
curing the default against any sums due or which become due to Consultant under this Agreement;
and/or (c) pursue any other remedy then available, at law or in equity, to City for such default.
C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement
shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall
terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds
are no longer available to satisfy the obligation of City.
D. Payment Upon Termination. Upon termination, City shall provide for payment
to Consultant for services rendered and, where authorized, expenses incurred prior to the
termination date.
E. Conversion to Termination for Convenience. If City terminates this Agreement
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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.
VII. MISCELLANEOUS
A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the
complete agreement between the Parties and supersedes any and all other agreements, either oral
or in writing, between the Parties with respect to the subject matter of this Agreement. No other
agreement, statement or promise relating to the subject matter of this Agreement not contained in
this Agreement shall be valid or binding. This Agreement may be modified or amended only by a
written Change Order (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.
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.
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E. Business License. Prior to commencement of the Work to be provided hereunder,
Consultant shall apply to City for a business license, pay the applicable business license fee, and
maintain said business license during the Term of this Agreement, unless Consultant provides
evidence that no such license is required.
F. Notices.
(1) Communications Relating to Day-to-Day Activities. All
communications relating to the day-to-day activities of the Work shall be
exchanged between City’s Representative (named above) for City and
Consultant’s Representative (named above) for Consultant.
(2) Official Notices. All other notices, requests, demands, writings, or
correspondence, as required by this Agreement, shall be in writing and shall
be deemed received, and shall be effective, when: (1) personally delivered,
or (2) on the third day after the postmark date when mailed by certified mail,
postage prepaid, return receipt requested, or (3) upon actual delivery when
sent via national overnight commercial carrier to the Party at the address
given below, or at a substitute address previously furnished to the other
Party by written notice in accordance herewith.
NOTICE TO CITY shall be sent to:
Procurement Manager
City of Milton, Georgia
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO CONSULTANT shall be sent to:
CH2M Hill Engineers, Inc
Attn: Wayne Wright
10 10th Street
Atlanta, GA 30309
G. Waiver of Agreement. No failure by City to enforce any right or power granted
under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and
no custom or practice of City at variance with the terms and conditions of this Agreement shall
constitute a general waiver of any future breach or default or affect City’s right to demand exact
and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no
express waiver shall affect any Term or condition other than the one specified in such waiver, and
that one only for the time and manner specifically stated.
H. Survival. All sections of this Agreement which by their nature should survive
termination will survive termination, including, without limitation, confidentiality obligations and
insurance maintenance requirements.
18
I. No Third Party Rights. This Agreement shall be exclusively for the benefit of
the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement,
cause of action or other right.
J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be
construed to be a waiver of City’s sovereign immunity or any individual’s qualified, good faith or
official immunities. Ratification of this Agreement by a majority of the Mayor and City Council
shall authorize the Mayor to execute this Agreement on behalf of City.
K. No Personal Liability. Nothing herein shall be construed as creating any
individual or personal liability on the part of any of City’s elected or appointed officials, officers,
boards, commissions, employees, representatives, consultants, servants, agents, attorneys or
volunteers. No such individual shall be personally liable to Consultant or any successor in interest
in the event of any default or breach by City or for any amount which may become due to
Consultant or successor or on any obligation under the terms of this Agreement. Likewise,
Consultant’s performance of services under this Agreement shall not subject Consultant’s
individual employees, officers, or directors to any personal contractual liability, except where
Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor,
their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed
and/or asserted only against Consultant or City, respectively, and not against any elected or
appointed official, officers, boards, commissions, employees, representatives, consultants,
servants, agents, attorneys and volunteers.
L. Counterparts; Agreement Construction and Interpretation. This
Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, but all of which taken together shall constitute one and the same instrument. Consultant
represents that it has reviewed and become familiar with this Agreement and has notified City of
any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this
Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The
Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this
Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed
against a Party because it was responsible for drafting one or more provisions of the Agreement.
In the interest of brevity, the Agreement may omit modifying words such as “all” and “any” and
articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement
and appears in another is not intended to affect the interpretation of either statement. Words or
terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless
the context of their usage clearly requires contrary meaning.
M. Force Majeure. Neither City nor Consultant shall be liable for its respective non-
negligent or non-willful failure to perform or shall be deemed in default with respect to the failure
to perform (or cure a failure to perform) any of its respective duties or obligations under this
Agreement or for any delay in such performance due to: (i) any cause beyond its respective
reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or
regulations rendering the performance of any portion of this Agreement legally impossible; (iv)
earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes
19
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.
IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective
as of the Effective Date first above written.
[SIGNATURES ON FOLLOWING PAGE]
20
CONSULTANT: CH2M Hill Engineers, Inc.
Signature: ___________________________________
Print Name: _____________________________
Title: [CIRCLE ONE]
President/Vice President (Corporation)
[CORPORATE SEAL]
(required if corporation)
Attest/Witness:
Signature: _______________________________
Print Name: _____________________________
Title: __________________________________
(Assistant) Corporate Secretary (required if corporation)
CITY OF MILTON, GEORGIA
________________________________________
By: Joe Lockwood, Mayor
[CIT Y SEAL]
Attest:
Signature: ________________________________
Print Name: ______________________________
Title: City Clerk
Approved as to form:
_______________________________
City Attorney
EXHIBIT “A”
RESERVED
EXHIBIT “B”
RESERVED
EXHIBIT “C”
Scope of Work – Parks and Recreation Land Acquisition
The Consultant shall coordinate and attend periodic meetings with the City regarding the status of
the Agreement. The Consultant shall submit transmittals of all correspondence, telephone
conversations, and minutes of project meetings.
The Consultant agrees that all appraisal reports, cost estimates and any other data prepared under
the terms of this agreement shall become the property of the City. The City shall have the right to
use this material without restriction or limitation and without compensation to the Consultant.
The services to be performed included, but are not limited to, the following:
I. Site Identification and Selection
A. Research and identify properties for potential acquisition based on parameters
supplied by city staff;
B. Manage contractors required to complete all stages of identification and
acquisition of property, as needed;
C. Meet and coordinate with staff to facilitate all aspects of site selection and land
acquisition
D. Pre-acquisition activities as needed
a. Use GAMLS to obtain property reports on prospective properties,
b. Coordinate with City GIS Department to obtain property exhibits with
area calculations,
c. Utilize appraiser’s databook to determine cost estimates based upon
property rights to be acquired, performing cost analyses and/or appraisals
as required,
d. Prepare initial contact package for land owners.
II. Negotiation Activity
The Consultant should make all offers to purchase the property rights along with any other
required payments to owners, or other parties having an approved monetary interest, and all
offers, and benefits will be explained in detail.
A. The Consultant will contact all owners in person, when possible, at a time and place
convenient to the owner. There shall be a sufficient number of personal contacts with
each owner, unless it is clearly apparent that continued negotiations would be
unproductive.
B. The Consultant will NOT provide owners with appraisals under any circumstances,
unless City of Milton gives permission.
C. The Consultant will review and confirm with the owner the accuracy of all
information stipulated in the Preliminary Title Report, if available.
D. If a settlement is reached at the offer amount, the Consultant will submit an option to
the City of Milton for approval. If a counter offer is submitted by the property owner,
Consultant will provide the necessary written justification for all approved
settlements to the City. Under no circumstances will the Consultant have the
authority to accept a settlement on behalf of the City, either monetarily or
contractually
E. Once an approved option is obtained, the Consultant must submit an approved option
along with all required supporting documentation to the City
F. 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:
a. Dates of negotiation or contract
b. Place of contact
c. Persons present
d. Offers made
e. Counter-offers and recommendations regarding those counter-offers
f. If applicable, reasons why settlements could not be reached
g. Feedback and concerns from the property owner
h. If applicable, description of title problems and how they were solved
i. Signature of the negotiator for settled interests
j. Any other data pertinent to the negotiations
k. All related correspondence and reports in connection with and incidental to the
parcel
III. Individual Parcel Files
The Consultant shall prepare and maintain individual parcel files, which includes the
following:
a. Title reports
b. Appraisal reports/approved cost estimates
c. Copies of all negotiation records
d. All required forms executed by property owners
e. Copies of all correspondence
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.
IV. Deliverables due to the City include:
a. Databook/appraisals
b. Individual acquisition parcel files
c. GIS exhibits
V. Items to be provided by the City
a. Title certificates
b. GIS exhibits
c. Phase 1 Environmental Study and Phase II, if required
d. Deed/Easement template to the used for closing
e. Survey
EXHIBIT “D”
STATE OF ____________
COUNTY OF ___________
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance
of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the
federal work authorization program commonly known as E-Verify, or any subsequent replacement
program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.
Furthermore, the undersigned contractor will continue to use the federal work authorization program
throughout the contract period and the undersigned contractor will contract for the physical performance of
services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor
with the information required by O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
_________________________________
Federal Work Authorization User Identification
Number
_________________________________
Date of Authorization
CH2M Hill Engineers, Inc.
Name of Contractor
Parks and Recreation Land Acquisition Services
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on _________, 20___ in
_____________________ (city), ______ (state).
_________________________________
Signature of Authorized Officer or Agent
_______________________________
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE ______ DAY OF
______________, 20___.
_________________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
_________________________________
EXHIBIT “E”
STATE OF _____________
COUNTY OF ___________
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13 -10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical
performance of services under a contract with CH2M Hill Engineers, Inc. (name of contractor) on behalf
of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work
authorization program commonly known as E-Verify, or any subsequent replacement program, in
accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore,
the undersigned subcontractor will continue to use the federal work authorization program throughout the
contract period, and the undersigned subcontractor will contract for the physical performance of services in
satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with
the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will
forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5)
business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has
received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must
forward, within five (5) business days of receipt, a copy of the notice to the contractor.
Subcontractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
_________________________________ I hereby declare under penalty of perjury that the
Federal Work Authorization User Identification foregoing is true and correct.
Number
Executed on _____________, 20___ in
_________________________________ ___________________(city), _____(state).
Date of Authorization
_______________________________________
_________________________________ Signature of Authorized Officer or Agent
Name of Contractor
_______________________________________
Parks and Recreation Land Acquisition Services Printed Name and Title of Authorized Officer or
Name of Project Agent
City of Milton, Georgia SUBSCRIBED AND SWORN BEFORE ME
Name of Public Employer ON THIS THE _______ DAY OF
______________________, 20____.
______________________________
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
______________________________
TO:
FROM:
MILTON'lt
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: November 26, 2019
Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Project Framework Agreement by and
between Georgia Department of Transportation and City
of Milton for Transportation Facility Improvements.
MEETING DATE: Monday, December 2, 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: (,y%ES () NO
CITY ATTORNEY REVIEW REQUIRED: (y%ES () NO
APPROVAL BY CITY ATTORNEY: (1APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: I J�I °''I Zc�o
2006 Heritage Walk Milton, GA
0000
P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
To: Honorable Mayor and City Council Members
From: Sara Leaders, PE, Transportation Engineer
Date: Submitted on November 22, 2019 for the December 2, 2019 Regular
City Council Meeting
Agenda Item: Approval of a Project Framework Agreement by and between
Georgia Department of Transportation and City of Milton for
Transportation Facility Improvements
_____________________________________________________________________________________
Department Recommendation:
Approval
Executive Summary:
The City of Milton has completed a local Comprehensive Transportation Plan, North
Fulton Comprehensive Transportation Plan, and Livable Centers Initiative that all looked
at multi-use connections in areas of the city and regional connections. Milton’s multi-
use connection to the Big Creek Greenway is a project that creates a multi-use trail
connection in the Windward Parkway Activity Center and surrounding areas between
regional thoroughfare networks, schools, parks, senior centers, retail, MARTA bus routes ,
and greenways.
A concept study for the multi-use trail connection to the Big Creek Greenway (PI
0012881) was completed through a previous project framework agreement with
Georgia Department of Transportation (GDOT). This project agreement with GDOT is for
preliminary engineering of PI 0015078 Big Creek Greenway connection. The project
phases in preliminary engineering include the validation of the previous concept,
evaluation of utilizing Morris Road as the connection to the Greenway, environmental
clearance, design plans, right of way plans and construction document preparation.
Funding and Fiscal Impact:
The agreement includes authorization of $400,000 in federal funds. The City’s matching
funding is $100,000 funded through the capital grant account.
Alternatives:
None
Legal Review:
Sam VanVolkenburgh – Jarrard & Davis (10/31/19)
Concurrent Review:
Robert Drewry, Director of Public Works
Attachment(s):
Project Framework Agreement
0015078 City of Milton
PROJECT FRAMEWORK
AGREEMENT
BY AND BETWEEN
GEORGIA DEPARTMENT OF
TRANSPORTATION
AND
CITY OF MILTON
FOR
TRANSPORTATION FACILITY
IMPROVEMENTS
Please indicate which Catalog of
Domestic Federal Assistance Number
(CFDA)applies to this agreement
(Check onlyone):
CFDA # 20.205 -
Highway Planning and
ConstructionCluster
CFDA # 20.219 -
Recreational Trails
Program
This Project Framework
Agreement for Transportation Facility
Improvements is made and entered into
this day of , 20_ _, by and
between the GEORGIA DEPARTMENT
OF TRANSPORTATION, an agency of
the State of Georgia, hereinafter called
the "DEPARTMENT", and the CITY OF
MILTON, acting by and through its
Mayor and City Council or Board
of Commissioners, hereinafter called the
"LOCALGOVERNMENT".
WHEREAS, the LOCAL
GOVERNMENT has represented to the
DEPARTMENT a desire to improve the
transportation facility described in
Exhibit “A”, attached and incorporated
herein by reference, identified as 0015078
and hereinafter referred to as the "PROJECT";and
WHEREAS, the LOCAL GOVERNMENT
has represented to the DEPARTMENT a desire to
participate in certain activities, as applicable,
including the funding of certain portions of the
PROJECT and the DEPARTMENT has relied upon
suchrepresentations; and
WHEREAS, the DEPARTMENT has
expressed a willingness to participate in certain
activities of the PROJECT as set forth in this
Agreement;and
WHEREAS, the Constitution authorizes
intergovernmental agreements whereby state and
local entities may contract with one another “for
jointservices,fortheprovision of services, or for the
joint or separate use of facilities or equipment; but
such contracts must deal with activities, services or
facilities which the contracting parties are
authorized by law to undertake or provide.” Ga.
Constitution Article IX, §III,¶I(a).
NOW THEREFORE, in consideration of the
mutual promises made and of the benefits to flow
from one to the other, the DEPARTMENT and the
LOCAL GOVERNMENT hereby agree each with
the other asfollows:
1. The LOCAL GOVERNMENT has
applied for and received “Qualification
Certification” to administer federal-aid projects.
The GDOT Local Administered Project (LAP)
Certification Committee has reviewed, confirmed
and approved the LAP certification for the LOCAL
GOVERNMENT to develop federal project(s)
within the scope of its certification and pursuant to
and in accordance with the DEPARTMENT’S
current versions of Local Administered Project
Manual, the DEPARTMENT’s Plan Development
Process (hereinafter referred to as “PDP”),
Electronic Data Guidelines, Plan Presentation
Guide, and any other applicable DEPARTMENT
9
0015078 City of Milton
guidance (except in those instances where
the DEPARTMENT has by written
correspondence waived the requirement
to follow specific guidance).
2. The DEPARTMENT shall
participate in the PROJECT by funding
all or certain portions of the PROJECT
costs for the preconstruction engineering
(design) activities, herein referred to as
“PE”, as specified in Exhibit “A”. The
LOCAL GOVERNMENT shall
contribute to the PROJECT by funding
those project costs as set out in Exhibit
“A”.
3. The funding portion as
identified in Attachment “A” of this
Agreement only applies to the PE.
Further, the LOCAL GOVERNMENT
shall be responsible for repayment of any
expended federal funds if the PROJECT
does not proceed forward to completion
due to a lack of available funding in future
PROJECT phases, changes in local
priorities, or cancellation of the
PROJECT by the LOCAL
GOVERNMENT without concurrence by
the Federal Highway Administration
(FHWA).
4. RESERVED.
-or-
The DEPARTMENT
entered into a Memorandum of Agreement
with the LOCAL GOVERNMENT to
establish oversight funding, attached
hereto and incorporated by reference as
Exhibit “C”. The LOCAL
GOVERNMENT will be responsible for
providing payment, which represents
100% of the DEPARTMENT’s PE
Oversight funds as estimated in Exhibit “C” at the time
of execution of this Agreement. If at any time the
PE Oversight funds are depleted within $5,000 of
the remaining PE Oversight balance and project
activities and tasks are still outstanding, the LOCAL
GOVERNMENT shall, upon request, make
additional payment to the DEPARTMENT. The
payment shall be determined by prorating the
percentage complete and using the same estimate
methodology as provided in Exhibit “C”. If there is
an unused balance after completion of all tasks and
phases of the PROJECT, then pending a final audit,
the remainder will be refunded to the LOCAL
GOVERNMENT. All other terms and conditions of
Exhibit “C” are incorporated herein.
5. The LOCAL GOVERNMENT shall
accomplish the PE activities for the PROJECT. The
PE activities shall be accomplished in accordance
and pursuant to with the LAP certification as
outlined above in Paragraph 1, the PDP, the
applicable guidelines of the American Association
of State Highway and Transportation Officials,
hereinafter referred to as “AASHTO”, the
DEPARTMENT's Standard Specifications
Construction of Transportation Systems, and all
applicable design guidelines and policies of the
DEPARTMENT, in order to, among other goals,
produce a cost effective PROJECT. Failure to
follow the PDP and all applicable guidelines and
policies will jeopardize the use of federal funds in
some or all categories outlined in this Agreement,
and it shall be the responsibility of the LOCAL
GOVERNMENT to make up the loss of that
funding.
6. The primary consultant firm or subconsultants
hired by the LOCAL GOVERNMENT to provide
services on the PROJECT shall be prequalified
with the DEPARTMENT in the appropriate area-
classes. The DEPARTMENT shall, on request,
furnish the LOCAL GOVERNMENT with a list of
prequalified consultant firms in the appropriate
area-classes. If there is federal aid highway
0015078 City of Milton
program funding participation, the
LOCAL GOVERNMENT shall comply
with all applicable state and federal
regulations for the procurement of
engineering and design related services
including but not limited to 23 C.F.R.
Part 172, or the Brooks Architect-
Engineers Act of 1972, for any
consultant hired to perform work on the
PROJECT. If there are no federal aid
highway program funding in the
engineering and design related services
contract, the contracting agency may
procure the services in accordance with
its own established policies and
procedures which reflect applicable
State and local laws. However, in such
an event, the costs of consultant service
contracts that utilize only State or local
funding which were not procured,
negotiated, or administered in
accordance with applicable Federal laws
and regulations would not be eligible to
apply toward the non-Federal share of
costs for subsequent phases (e.g.,
construction) of a project funded by the
federal aid highway program.
7. The DEPARTMENT will
be responsible for all railroad
coordination on DEPARTMENT Let
and/or State Route (On-System) projects;
the LOCAL GOVERNMENT shall
address concerns, comments, and
requirements to the satisfaction of the
Railroad and the DEPARTMENT. If the
LOCAL GOVERNMENT is shown to let
the construction in Exhibit “A” on off-
system routes, the LOCAL
GOVERNMENT shall be responsible for
all railroad coordination and addressing
concerns, comments, and requirements to
the satisfaction of the Railroad and the
DEPARTMENT for PROJECT.
8. The DEPARTMENT reserves the
right to review and reserves approval authority for
all aspects of the PROJECT provided, however, this
review and approval does not relieve the LOCAL
GOVERNMENT of its responsibilities under the
terms of this Agreement.
9. RESERVED.
-or-
The LOCAL GOVERNMENT as specified
in the Local Let Approval Form, attached and
incorporated herein by reference as Exhibit “B”,
shall be responsible for letting the PROJECT to
construction, solely responsible for executing any
agreements with all applicable utility/railroad
companies and securing and awarding the
construction contract for the PROJECT. The
LOCAL GOVERNMENT shall provide the
DEPARTMENT with a copy of all contracts and
agreements between the LOCAL GOVERNMENT
and any other agency or contractor associated with
construction activities. The DEPARTMENT’s
Project Manager who will be identified by the
DEPARTMENT at a later date shall be the primary
point of contact unless otherwise specified.
10. The LOCAL GOVERNMENT
agrees that all reports, plans, drawings, studies,
specifications, estimates, maps, computations,
computer files and printouts, and any other data
prepared under the terms of this Agreement shall
become the property of the DEPARTMENT if the
PROJECT is being let by the DEPARTMENT. This
data shall be organized, indexed, bound, and
delivered to the DEPARTMENT no later than the
advertisement of the PROJECT for letting. The
DEPARTMENT shall have the right to use this
material without restriction or limitation and
without compensation to the LOCAL
GOVERNMENT.
0015078 City of Milton
11. The LOCAL
GOVERNMENT shall be responsible for
the professional quality, technical
accuracy, and the coordination of all
reports, designs, drawings, specifications,
and other services furnished by or on
behalf of the LOCAL GOVERNMENT
pursuant to this Agreement. The LOCAL
GOVERNMENT shall correct or revise,
or cause to be corrected or revised, any
errors or deficiencies in the reports,
designs, drawings, specifications, and
other services furnished for this
PROJECT. Failure by the LOCAL
GOVERNMENT to address the errors,
omissions or deficiencies within 30 days
of notification shall cause the LOCAL
GOVERNMENT to assume all
responsibility for construction delays and
supplemental agreements caused by the
errors and deficiencies. All revisions
shall be coordinated with the
DEPARTMENT prior to issuance. The
LOCAL GOVERNMENT shall also be
responsible for any claim, damage, loss or
expense, to the extent allowed by law that
is attributable to errors, omissions, or
negligent acts related to the designs,
drawings, specifications, and other
services furnished by or on behalf of the
LOCAL GOVERNMENT pursuant to
this Agreement.
12. The Parties acknowledge
that the following Exhibits and
Attachments to this Agreement are hereby
incorporated into and made a part of this
Agreement as though expressly written
herein:
EXHIBIT A – TIP/STIP Insert
EXHIBIT B – Local Let Approval Form
EXHIBIT C - Memorandum of
Agreement by and Between Georgia
Department of Transportation And Local
Government For Preliminary Engineering
APPENDIX A – Georgia Security and
Immigration Compliance Act Affidavit
APPENDIX B – Federal Award Identification
Worksheet
APPENDIX C – Certification of Local
Government Drug Free Workplace
APPENDIX D – Certification of Compliances
APPENDIX E – Title VI Certification and
Acknowledgement Form
APPENDIX F – Request for Qualifications (RFQ)
and prequalified consultant award selection
package, if applicable
9. COMPLIANCE WITH
APPLICABLE LAWS
a. The undersigned, on behalf
of the LOCAL GOVERNMENT, certifies that the
provisions of Section 45-10-20 through 45-10-28 of
the Official Code of Georgia Annotated relating to
Conflict of Interest and State employees and
officials trading with the State have been complied
with in full.
b. The provisions of Section
50-24-1 through 50-24-6 of the Official Code of
Georgia Annotated relating to the "Drug-Free
Workplace Act" have been complied with in full, as
stated in Appendix A of this Agreement.
c. The LOCAL
GOVERNMENT has read and understands the
regulations for STATE AUDIT REQUIREMENT
as stated in Appendix D of this Agreement and will
comply in full with said provisions of O.C.G.A. §
36-81-7.
d. By execution of this
Agreement, I, on behalf of the LOCAL
GOVERNMENT, certify under penalty of law that
the LOCAL GOVERNMENT is in compliance with
0015078 City of Milton
the service delivery strategy law
(O.C.G.A. Sec. 36-701 et seq.) and is not
debarred from receiving financial
assistance from the State of Georgia.
e. The LOCAL
GOVERNMENT hereby agrees that it
shall comply, and shall require its
subcontractors to comply, with all
applicable requirements of the American
with Disabilities Act of 1990 (ADA), 42
U.S.C. 12101, et seq. and 49 U.S.C. 322;
Section 504 of the Rehabilitation Act of
1973, as amended, 29 U.S.C. 791; and
regulations and amendments thereto.
f. Pursuant to
O.C.G.A. § 13-10-91, the LOCAL
GOVERNMENT and all contractors and
subcontractors performing work under
this Agreement are, and shall be at all
times, in compliance with the Federal
Work Authorization Program. Prime
contractors and subcontractors may
participate in any of the electronic
verification work authorization programs
operated by the United States Department
of Homeland Security or any equivalent
federal work authorization program
operated by the United State Homeland
Security to verify information of newly
hired employees, pursuant to the
Immigration Reform and Control Act of
1986 (“IRCA”), Appendix A.
g. The LOCAL
GOVERNMENT hereby agrees that
neither it nor its subcontractors shall
discriminate on the basis of age, race,
color, sex, national origin, religion or
disability and that it and its
subcontractors shall comply, at a
minimum, with the following Georgia
laws: the Georgia Age Discrimination
Act (O.C.G.A. § 34-1-2 et seq.); the Georgia Equal
Employment for Persons with Disabilities Code
(O.C.G.A. 34-6A-1 et seq.); and the Sex
Discrimination in Employment (O.C.G.A. 34-5-1 et
seq.). The LOCAL GOVERNMENT further agrees
that it and its subcontractors will comply with any
and all state and federal laws not specifically stated
herein addressing discrimination to the extent that
such is applicable.
h. LOCAL GOVERNMENT
acknowledges and agrees that failure to complete
appropriate certifications or the submission of a
false certification shall result in the termination of
this Agreement.
10. This Agreement is made and entered
into in FULTON COUNTY, GEORGIA, and shall
be governed and construed under the laws of the
State of Georgia.
11. The covenants herein contained
shall, except as otherwise provided, accrue to the
benefit of and be binding upon the successors and
assigns of the parties hereto.
12. If any provision of this amendment is
determined to be invalid or unenforceable, the
remaining provisions shall remain in force and
unaffected to the fullest extent permitted by law and
regulation.
13. Nothing contained herein shall be
construed as conferring upon or giving to any
person, other than the parties hereto, any rights or
benefits under or by reason of this Agreement.
14. This Agreement supersedes all prior
negotiations, discussion, statements and agreements
between the parties and constitutes the full,
complete and entire agreement between the Parties
with respect hereto; no member, officer, employee
or agent of either party has authority to make, or has
made, any statement, agreement, representation or
0015078 City of Milton
contemporaneous agreement, oral or
written, in connection herewith,
amending, supplementing, modifying,
adding to, deleting from, or changing the
terms and conditions of this Agreement.
No modification of or amendment to this
Agreement will be binding on either Party
hereto unless such modification or
amendment will be properly authorized,
in writing, properly signed by both Parties
and incorporated in and by reference
made a part hereof.
{SIGNATURES ON NEXT PAGE}
0015078 City of Milton
IN WITNESS WHEREOF, the
DEPARTMENT and the LOCAL
GOVERNMENT have caused these
presents to be executed under seal by their
duly authorized representatives.
GEORGIA
DEPARTMENT OF
TRANSPORTATION
BY:
Commissioner
ATTEST:
BY:
Name
Title
Signed, sealed and delivered this day of
, 20__, in the
presence of:
Treasurer
_
Witness
Notary Public
This Agreement approved by Local
Government, the day of
, 20__.
Attest
Name and Title
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9
EXHIBIT B
Local Let Approval Form (LLAF)
Office of Program Control
P.I. #:
Date:
Project Description:
County:
District:
Request Prepared by: Requestor Office:
Local Government:
Is the Local Government LAP Certified?
Reason the Local Government desires a Local Letting: (Describe the factors that make a Local Letting desirable by the
Locals and/or GDOT. Explain why a Local Letting is an efficient use of resources.)
Change Justification (as submitted by Local Government), including Risk Assessment (Experience with Local Lettings
and Federal Requirements), Benefits, Implementation Requirements (Materials Testing resources to be used;
Construction Inspection resources), Contracting ability: (PM should coordinate with District Construction.)
Attachments: Preconstruction Status Report, Project Financial Report, Detailed Cost Estimate, Map, Other supporting
documentation to include letters from Project Sponsor, Future LG projects in the Program.
10
Local Letting Form Approval:
Local Government Date
Project Manager / District Preconstruction Engineer Date
Office Head (for Office of Program Delivery Projects) Date
District Engineer (for all projects) Date
State Materials Engineer Date
Approved: _______________
Director of Construction Date
o Upon approval or rejection send the original to the Project Manager (Program Delivery or
District Preconstruction Engineer)
o PM should send Executed Copies to:
o Office of Planning
o Office of Program Control
o Office of Financial Management (to change the TPRO designation)
NOTES:
o The Local Letting designation cannot be changed after PFPR to a Local Let unless approved
by the Chief Engineer.
11
EXHIBIT C
Memorandum of Agreement by and Between Georgia Department of Transportation and Local Local
Government For Preliminary Engineering
ent of Transport
ering r Preliminary E
A
12
Attachment B
APPENDIX A
13
APPENDIX B
Federal Award Identification Worksheet
Subrecipient’s name (must match registered name in
DUNS)
Subrecipient’s DUNS number (see § 200.32 Data
Universal Numbering System (DUNS))
Federal Award Identification Number (FAIN)
Federal award date (see § 200.39 Federal Award Date
Amount of Federal Funds Obligated by this action
Total Amount of Federal Funds Obligated to the
subreceipient
Total Amount of the Federal Award Refer to Attachment A above
Federal award project description, as required to be
responsive to the Federal Funding Accountability and
Transparency Act (FFATA)
Scope of work in contract document; refer
to page 1
Name of Federal awarding agency, pass-through entity, and
contact information for awarding official
FHWA, GDOT, [Project Manager]
CFDA Number and Name (the pass-through entity must
identify the dollar amount made available under each Federal
award and the CFDA number at time of disbursement)
Refer to page 1 of contract document
Identification of whether award is R&D No
Indirect cost rate for the Federal award (including if the de
minimis rate is charged per § 200.414 Indirect (F&A) costs)
N/A
This project must comply with all aspects of 2 CFR Part 200.
14
APPENDIX C
CERTIFICATION OF LOCAL GOVERNMENT
DRUG-FREE WORKPLACE
I hereby certify that I am a principal and duly authorized representative of ______________________ whose
address is________________________________________________ and it is also certified that:
1. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to
the "Drug-Free Workplace Act" have been complied with in full; and
2. A drug-free workplace will be provided for the LOCAL GOVERNMENT’s employees during the
performance of the contract; and
3. Each subcontractor hired by the LOCAL GOVERNMENT shall be required to ensure that the
subcontractor's employees are provided a drug-free workplace. The LOCAL GOVERNMENT shall secure
from that subcontractor the following written certification: "As part of the subcontracting agreement with
________________________ ______________________, _____________________________________
certifies to the LOCAL GOVERNMENT that a drug-free workplace will be provided for the subcontractor's
employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of the Official
Code of Georgia Annotated Section 50-24-3"; and
4. It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution, dispensation,
possession, or use of a controlled substance or marijuana during the performance of the contract.
______________________ __________________________________
Date Signature
15
APPENDIX D
CERTIFICATION OF COMPLIANCES
I hereby certify that I am a principal and duly authorized representative of _________________ whose address is
_____________________and it is also certified that:
I. PROCUREMENT REQUIREMENTS
The below listed provisions of State Procurement requirements shall be complied with throughout the contract
period:
(a) Provisions of Chapters 2 and Chapters 4 of the Title 32 of the Official Code of Georgia Annotated.
Specifically as to the County the provisions of O.C.G.A. § 32-4-40 et seq. and as to the Municipality the
provisions of O.C.G.A. § 32-4-92 et seq.
II. STATE AUDIT REQUIREMENT
The provisions of Section 36-81-7 of the Official Code of Georgia Annotated, relating to the “Requirement of
Audits” shall be complied with throughout the contract period in full, including but not limited to the following
provisions:
(a) Each unit of local government having a population in excess of 1,500 persons or expenditures of
$300,000.00 or more shall provide for and cause to be made an annual audit of the financial affairs and
transactions of all funds and activities of the local government for each fiscal year of the local government.
(b) The governing authority of each local unit of government not included above shall provide for and cause to
be made the audit required not less often than once every two fiscal years.
(c) The governing authority of each local unit of government having expenditures of less than $300,000.00
in that government’s most recently ended fiscal year may elect to provide for and cause to be made, in lieu
of the biennial audit, an annual report of agreed upon procedures for that fiscal year.
(d) A copy of the report and any comments made by the state auditor shall be maintained as a public record for
public inspection during the regular working hours at the principal office of the local government. Those
units of local government not having a principal office shall provide a notification to the public as to the
location of and times during which the public may inspect the report.
(e) The audits of each local government shall be conducted in accordance with generally accepted government
auditing standards.
III. SERVICE DELIVERY STRATEGY REQUIREMENT
The provisions of Section 36-70-20 et seq. of the Official Code of Georgia, relating to the “Coordinated And
Comprehensive Planning And Service Delivery By Counties And Municipalities”, as amended, have been
complied with throughout the contract period.
_______________________ _________________________________
Date Signature
16
APPENDIX E
TITLE VI INTRODUCTION
As a sub-recipient of federal funds from Georgia Department of Transportation, all municipalities are required to
comply with Title VI of the Civil Rights Act of 1964 which provides that:
"No person in the United States shall on the grounds of race, color, or national origin, be excluded from participation
in, or be denied the benefits of, or be subjected To discrimination under any program or activity receiving federal
assistance under This title or carried out under this title."
Additionally, the Civil Rights Restoration Act of 1987, expanded the definition of the terms "programs and
activities" to include all programs or activities of federal recipients, subrecipients, and contractors, whether or not
such programs and activities are federally assisted.
The provisions of Title VI apply to all contractors, subcontractors, consultants and suppliers. And is a condition for
receiving federal funds. All sub recipients must sign Title VI assurances that they will not discriminate as stated in
Title VI of the Civil Rights Act of 1964.
In the event that the sub recipient distributes federal aid funds to second tier entity, the subrecipient shall include
Title VI language in all written documents and will monitor for compliance. If, these assurances are not signed, the
City or County government may be subjected to the loss of federal assistance.
All sub recipients that receive federal assistance must also include Federal Highways Administrations 1273 in their
contracts. The FHWA 1273 sets out guidance for ensuring non discrimination and encouraging minority
participation and outreach.
Enclosed you will find Title VI acknowledgment form and the Title VI assurances. The Title VI acknowledgment
form and Title VI assurances must be signed by your local government official if it has not been signed.
17
TITLE VI ACKNOWLEDGEMENT FORM
The _______________________________________ assures that no person shall on the grounds or race,
color, national origin or sex as provided by Title VI of the Civil Rights Act of 1964, and the Civil Rights
Restoration Act of 1987 be excluded from participation in, be denied the benefits of, or otherwise be
subjected to discrimination under any City or County sponsored program or activity.
The_______________________________________ assures that every effort will be made to ensure non
discrimination in all of its programs or activities, whether those programs are federally funded or not.
Assurance of compliance therefore falls under the proper authority of the City Council or the County
Board of Commissioners. The Title VI Coordinator or Liaison is authorized to ensure compliance with
provisions of this policy and with the Law, including the requirements of 23 Code of Federal
Regulations (CFR) 200 and 49 CFR 21.
Official Name and Title Date
Citations:
Title VI of the Civil Rights Act of 1964; 42 USC 2000d to 2000d-4;42 USC 4601to 4655;23 USC
109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28CFR 50.3
Other Nondiscrimination Authorities Expanded the range and scope of Title VI coverage and
applicability
The 1970 Uniform Act (42 USC 4601)
Section 504 of the 1973 Rehabilitation Act (29 USC 790)
The 1973 Federal-aid Highway Act (23 USC 324)
The 1975 Age Discrimination Act (42 USC 6101)
Implementing Regulations (49 CFR 21& 23 CFR 200)
Executive Order 12898 on Environmental Justice (EJ)
Executive Order 13166 on Limited English Proficiency (LEP)
18
NOTICE TO SPONSOR
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
During the performance of this contract, the SPONSOR, for itself, its assignees, and successors in interest
(hereinafter referred to as the "SPONSOR"), agree as follows:
1. Compliance with Regulations
The SPONSOR shall comply with the Regulations relative to nondiscrimination in federally-assisted programs
of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal Regulations,
part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are
herein incorporated by reference and made a part of this contract.
2. Nondiscrimination
The SPONSOR, with regard to the work performed by it during the contract, shall not discriminate on the
grounds of race, color, sex, or national origin in tl1e selection and retention of subcontractors, including
procurement of materials and leases of equipment. The SPONSOR shall not participate either directly or
indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiations made by the SPONSOR for work to be
performed under a subcontract, including procurement of materials or leases of equipment, each potential
subcontractor or supplier shall be notified by the SPONSOR of the SPONSOR's obligations under this
contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin.
4. Information and Reports
The SPONSOR shall provide all information and reports required by the Regulations or directives issued
pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its
facilities as may be determined by the State Department of Transportation or the Federal Highway
Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions.
Where any information required of a sponsor is in the exclusive possession of another who fails or refuses to
furnish this information, the Sponsor shall so certify to the State Department of Transportation, or the
Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance
In the event of the SPONSOR's noncompliance with the nondiscrimination provisions of this contract,
the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway
Administration may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the SPONSOR under the contract until the SPONSOR complies;
and/or b. Cancellation, termination, or suspension of the contact, in whole or in part.
6. Incorporation of Provisions
The SPONSOR shall include the provisions of paragraphs (I) through (6) in every subcontract,
including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives
issued pursuant thereto.
The SPONSOR shall take such action with respect to any subcontractor or procurement as the State
19
Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance: Provided, however, that in the event a Sponsor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the
Sponsor may request the State to enter into such litigation to protect the interests of the state and, in
addition, the Sponsor may request the United States to enter into such litigation to protect the interests of the
United States.
20
APPENDIX F
Request for Qualifications (RFQ) &
Prequalified Consultant Award Selection Package (if applicable)
21
Federal Award Identification Worksheet Instructions
(***Do not send with PFA***)
Subrecipient’s name (must match registered
name in DUNS)
Name must match registered name in DUNS
Subrecipient’s DUNS number (see §
200.32 Data Universal Numbering System
(DUNS))
DUNS Number to be obtained from Local Government
Federal Award Identification Number (FAIN) Contact Greg Underwood 404-631-1292
Federal award date (see § 200.39 Federal Award Date Contact Greg Underwood 404-631-1292
Amount of Federal Funds Obligated by this action “
Total Amount of Federal Funds
Obligated to the subreceipient
This refers to all Federal throughout the Locals
Program, contact Greg Underwood 404-631-1292
Total Amount of the Federal Award Refer to Attachment A above
Federal award project description, as required
to be responsive to the Federal Funding
Accountability and Transparency Act
(FFATA)
Scope of work in contract document; refer to page 1
Name of Federal awarding agency, pass-through
entity, and contact information for awarding
official
FHWA, GDOT, [GDOT Project Manager]
CFDA Number and Name (the pass-through
entity must identify the dollar amount made
available under each Federal award and the
CFDA number at time of disbursement)
Refer to page 1 of contract document
Identification of whether award is R&D No
Indirect cost rate for the Federal award (including if
the de minimis rate is charged per § 200.414
Indirect (F&A) costs)
N/A
TO:
FROM:
MILTON*k
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: November 26, 2019
Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Memorandum of Agreement between The
Fulton County Soil and Water Conservation District and The
City of Milton, Georgia.
MEETING DATE: Monday, December 2, 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: ( r<ES () NO
CITY ATTORNEY REVIEW REQUIRED: (,J -GES () NO
APPROVAL BY CITY ATTORNEY: (,�4PPROVED () NOT APPROVED
PLACED ON AGENDA FOR: ttlatltC*
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@dtyofmiltonga.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Melissa Branen, Land Development Manager
Date: Submitted on November 20, 2019 for the December 2, 2019 Regular
City Council Meeting
Agenda Item: Approval of a Memorandum of Agreement between The Fulton
County Soil and Water Conservation District and The City of Milton,
Georgia
_____________________________________________________________________________________
Department Recommendation:
Approval.
Executive Summary: The attached Memorandum of Agreement between The Fulton County Soil and Water
Conservation District and The City of Milton, Georgia gives the City authority to review and approve erosion and sediment control plans in accordance with Section 7(d) of
the Erosion and Sedimentation Act of 1975.
Funding and Fiscal Impact:
None
Alternatives:
None
Legal Review:
Jeff Strickland, November 27, 2019
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Memorandum of Agreement
MEMORANDUM OF AGREEMENT
BETWEEN
THE FULTON COUNTY SOIL AND WATER CONSERVATION DISTRICT
AND
THE CITY OF MILTON, GEORGIA
This Memorandum of Agreement entered into between the Fulton County Soil and
Water Conservation District, hereinafter referred to as the "District" and the City of Milton,
hereinafter referred to as the City.
WHEREAS, the City has adopted an erosion and sedimentation control ordinance
governing land -disturbing activities, which ordinance meets or exceeds the standards,
requirements and provisions of the Erosion and Sedimentation Act of 1975, Ga. Laws 1975, p.
994, as amended to date of execution of this agreement; and
WHEREAS, the City has been certified by the Director of the Environmental Protection
Division as an issuing authority for purposes of the Erosion and Sedimentation Act of 1975, as
amended; and
WHEREAS, the City has demonstrated to the District its capabilities to review and
approve erosion and sediment control plans and has requested an agreement with the District
to conduct such review and approval; and
WHEREAS, the District enters into this agreement with the intent of allowing the City to
conduct the review and approval of erosion and sediment control plans without referring the
applications and plans to the District, in compliance with Section 7(d) of the Erosion and
Sedimentation Act of 1975, as amended; and
WHEREAS, both parties to this agreement, the District and the City, understand that
this Agreement cannot be effective until the State Soil and Water Conservation Commission
gives its written concurrence hereto, as indicated by execution of this document;
NOW THEREFORE, the parties to this Agreement, the District and the City, based on
the mutual considerations as set forth below, hereby agree as follows:
I. 1. The City shall conduct technical review and approval of erosion and sediment
control plans in accordance with standards set forth in the ordinance of the City. The City
shall take appropriate steps to assure that approved plans are properly installed and
maintained and that all measures and practices are in compliance with the City's erosion and
sedimentation control ordinance.
2. The City shall submit to the District on a quarterly basis a report of the erosion and
sediment control program. The report shall contain the number of plans reviewed and the
overall program status. The report shall be submitted on a timely basis and of a form and
content that is acceptable to the District and to the City.
3. The City shall keep the District informed of land -disturbing plans that might affect
soil and water conservation by attending the monthly District meeting.
4. The City shall maintain a system of records, plans, applications, etc., of all actions
taken under this Agreement, and shall make such records available to the District or its
representative upon request.
II. 1. The District will allow the City to conduct the review and approval of erosion and
sediment control plans without the necessity of referring the application and plan to the
District, so long as the City complies with the conditions specified in this Agreement.
2. The District will review and carefully consider the reports submitted by the City and
shall make recommendations with regard to the adequacy of the program and its compliance
with the Erosion and Sedimentation Act of 1975, as amended.
3. The District shall provide the City with expertise available through the District and
through memoranda of agreement between the District and other agencies.
4. The District assures that erosion and sediment control assistance shall continue to
be a priority item of the District program.
5. The District shall, upon request, provide or conduct informational and educational
programs to train individuals charged with review of erosion and sediment control plans,
manpower and funding permitting.
6. The District shall provide to the City an annual evaluation of the effectiveness of its
erosion and sediment control program.
111. It is mutually understood and agreed as follows:
1. This memorandum shall not be amended without consent of both parties and
concurrence of the State Soil and Water Conservation Commission.
2. The City files of erosion and sediment control plans and actions shall remain
accessible to the District.
3. The District may secure additional review services before making recommendations
on the adequacy of the program of the City.
4. This memorandum may be terminated at any time by either party, upon sixty (60)
days written notice. It will terminate automatically and without written notice if the
Environmental Protection Division revokes the certification of the City program pursuant to
Section 8 (c) of the Erosion and Sedimentation Act of 1975, as amended.
2
5. This memorandum shall be effective on the date of the concurrence herewith by the
State Soil and Water Conservation Commission.
Sworn to and subscribed before me City
This day of , 20
Notary Public
Title:
My commission expires:
Sworn to and subscribed before me
This i `7'°"— day of /l�, 2015
Notary
i
My coma+ph Z.o ?�
EXPIRES
GEORGIA i
dune 10, 2020
TH
Fulton County Soil & Water Conservation District
B' -
\W,AvCEit S.—j2_6k.C_ SrC.
Title: Vtc2 (!kA
This memorandum is hereby concurred in by the State Soil and Water Conservation Commission
this day of , 20
State Soil and Water Conservation Commission
Sworn to and subscribed before me
This day of , 20
Notary Public Title:
My commission expires:
TO:
FROM:
MILTON4t
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: November 26, 2019
Steven Krokoff, City Manager 0
AGENDA ITEM: Authorization for the Mayor to Sign the Georgia Security and
Immigration Compliance Act Affidavit Contractor Affidavit;
and the Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions and Lobbying Forms Related to the Agreement
between The City of Milton and The Atlanta Regional
Commission for the City of Milton Smarter, Safer Routes to
School (2019) Project for the GA Tech Smart Communities
Challenge Program.
MEETING DATE: Monday, December 2, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary
See attached memorandum
APPROVAL BY CITY MANAGER: 1APPROVED NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (kI ES () NO
CITY ATTORNEY REVIEW REQUIRED: (,i ES () NO
APPROVAL BY CITY ATTORNEY: (1APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: I' I a0 zu'0g
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: Michele McIntosh-Ross, Principal Planner
Date: Submitted on November 25, 2019 for the December 2, 2019 Regular
City Council Meeting
Agenda Item: Authorization for the Mayor to Sign the Georgia Security and
Immigration Compliance Act Affidavit Contractor Affidavit; and
the Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion – Lower Tier Covered Transactions and
Lobbying Forms Related to the Agreement between The City of
Milton and The Atlanta Regional Commission for the City of Milton
Smarter, Safer Routes to School (2019) Project for the GA Tech
Smart Communities Challenge Program
_____________________________________________________________________________________
Project Description: This request is to authorize the Mayor to sign a
• Georgia Security and Immigration Compliance Act Affidavit Contractor Affidavit
• Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion – Lower Tier Covered Transactions and Lobbying.
These documents will be attached to the Sub-Contract between the City of Milton and
the Atlanta Regional Commission previously approved on November 4, 2019.
Fiscal Impact: None.
Legal Review: Jarrard and Davis, Sam VanVolkenburgh, November 25, 2019
Attachment(s):
1) Georgia Security and Immigration Compliance Act Affidavit Contractor Affidavit
and a Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion – Lower Tier Covered Transactions and Lobbying Forms
GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT
CONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned person or entity verifies its compliance with
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or entity which is contracting
with the Atlanta Regional Commission has registered with, is authorized to participate in, and is
participating in 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.
The undersigned person or entity further agrees that it will continue to use the federal work
authorization program throughout the contract period, and it will contract for the physical
performance of services in satisfaction of such contract only with subcontractors who present
an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b).
The undersigned person or entity further agrees to maintain records of such compliance and
provide a copy of each such verification to the Atlanta Regional Commission within five (5)
business days after any subcontractor is retained to perform such service.
/#¢>48
E -Verify User Identification Number
Company ame 7.
BY: Authorized Officer or Agent
oarxr
Title of Authorized Officer or Agent of Contractor
jCe. L -A4 &AWd
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF .201
(NOTARY SEAL]
Notary Public
My Commission Expires: --
9.03-
Date of Authorization
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS AND LOBBYING
1- DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED
TRANSACTIONS
The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it
shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 49 CFR Part 29,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
The terms "covered transaction", "debarred', "suspended". "ineligible", "lower -tier covered transaction', 'participant", "person". 'Primary
covered transaction", 'principal", "proposal", and "voluntarily excluded", as used in this clause have the meaning set forth in the Definitions
and Coverage sections of rules implementing Executive Order 12549.
The prospective lower tier participant certifies that, by submission of this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
Where the prospective lower tier participant is unable to certify 10 any of its statements in this certification, such prospective participant shall
attach an explanation to this proposal.
2. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code (as implemented at 49 CFR Part 20), the applicant certifies that to the best of his
or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete
and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers
(including subcontracts. subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any persons for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment
providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
Submission of this statement is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each such failure.
As the duly authorized representative of the applicant. I hereby certify that the applicant will comply with the above applicable
certification(s).
NAME OF APPA; 6 g/ 4 !� �� � � and/or / ME 64
Joe z0cA wood /Mayor
PRINTED NAME OF AUTHORIZED REPRESENTATIVE TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE OF AUTHORIZED REPRESENTATIVE
DATE
REV ARC 05108
CONTRACTORNENDOR INFORMATION
Legal name & address of C,t4 O� 1 1io
entity with whicheTri iTt4'. u)dQ%
ARC is to contract:r
If different from above -
Legal name of Payee:
Payment Address:
(If additional addresses are needed, identify each and its purpose on the reverse of this page).
Legal entity status (please mark all that apply):
_Corporation _Partnership _Individual _Sole Proprietor
_501C3 _501 C4 _Other Non-profit (describe)
_State GovernmentXCounty/Local Government
Other(describe)
(Federal) Employer Identification Number:
OR
Social Security Number (for an individual):
Sl- 060 8�6,)_
Is this contractor/vendor an attorney/law firm? YES NO
Is this contractor/vendor debarred, suspended, ineligible or excluded from participation in federally
projects? YES
Is this contractor/vendor a:
Disadvantaged Business Enterprise under 49 CER Part 26? YES
Minority _ or Women
If YES, attach a copy of current certification(s).
Is this contracto dor a Non-federal entity that expends $500,000 or more in a year in Federal awards?
YES ` N
If so, attach a copy of most recent single or program -specific audit conducted in accordance with the
provisions of OMB Circular A-133.
Certified true and correct:
Name- 5l1 1 kn 6644N
Title: • 171A K .
Signature: � e�
Date: . 2.a • I _ —
MILT
ESTABLISHED 2006
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
CITY COUNCIL AGENDA ITEM
City Council
DATE: November 26, 2019
Steven Krokoff, City Manager
Proclamation Recognizing the 2019 NAFL Eagles Degala K-1
Flag Football Team Day.
Monday, December 2, 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 0 -NO
CITY ATTORNEY REVIEW REQUIRED: ( ) YES (-�'NO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: I Li"ZI uta
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us
0000
2019 NAFL Milton Eagles Degala Grade K-1 Flag Football Team Day
WHEREAS, football is a sport that requires physical strength and endurance,
mental toughness and a substantial commitment of time; and
WHEREAS, the City of Milton is in its inaugural year hosting the North Atlanta
Football League youth football program at Bell Memorial Park;
and
WHEREAS, the Kindergarten and 1st grade Milton Eagles, led by Head Coach
Sareth Degala, is a team made up of 10 players and 5 coaches; and
WHEREAS, the grade K-1 Milton Eagles Degala team, posted a season record
of 10 wins against 1 loss while defeating the K-1 Milton Eagles
Low team in the league championship by a score of 7 – 6; scoring
the winning points with only 34 seconds left in the game, and
WHEREAS, the players on the 2019 NAFL Milton Eagles Degala K-1 grade
team are champions not only on the field, but also in the
classroom, in the community and in life. We are proud that this
great team is located in Milton, Georgia.
Now, therefore, we, the Mayor and City Council of the City of Milton, hereby
dictate and proclaim Monday, December 2nd as “2019 NAFL Milton Eagles
Degala Grade K-1 Flag Football Team Day” in the City of Milton, Georgia.
Given under our hand and seal of the City of Milton, Georgia on this 2nd day of
December 2019.
_________________________________
Joe Lockwood, Mayor
TO:
FROM:
MILTOR4t
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: November 26, 2019
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of an Ordinance Reaffirming and Establishing
Chapter 46 of the Milton Code of Ordinances Governing Solid
Waste Collection Services within the City of Milton.
MEETING DATE: Monday, December 2, 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: (IfES () NO
APPROVAL BY CITY ATTORNEY. QlAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: I L40Ll7611
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us
0000
To: Honorable Mayor and City Council Members
From: Parag Agrawal, Community Development Director
Date: Submitted on November 22, 2019 for the December 2, 2019
Regular Council Meeting for First Presentation and December
16, 2019 for Unfinished Business
Agenda Item: Consideration of an Ordinance Reaffirming and Establishing
Chapter 46 of the Milton Code of Ordinances Governing Solid
Waste Collection Services within the City of Milton .
____________________________________________________________________________
Department Recommendation:
Re-affirm the ordinance approving and establishing the regulation of solid waste
collection services within the City of Milton and direct City Staff to facilitate the
contracting of such services to providers currently in operation and those who
may become in operation. No changes to the ordinance are requested.
Executive Summary:
The original ordinance was passed on November 21, 2006 and has been
approved each successive year since its original enactment. The City’s
authority to enter into solid waste franchise agreements originates from this
ordinance. This ordinance requires approval each year in order to continue the
enforcement of our solid waste franchise agreements. The following companies
are on the current list of permitted haulers:
Advanced Disposal
American Disposal
Arrow Waste
Custom Disposal
Grogan Disposal
GW Lovelace
Henry Edward Kincaid
M&M Waste
Red Oak
Republic Services
Sanitation Solutions
Waste Management
Waste Pro
Page 2 of 2
Funding and Fiscal Impact:
The ordinance contains the requirement for an infrastructure maintenance fee
to be paid to the city quarterly in the amount of 5% of gross receipts. As of
November 2019 the revenue collected was $129,572.18. This includes the FY19
third quarter payments which were due November 15, 2019.
Alternatives:
If not approved, the City would lose its authority to regulate solid waste
collection within our corporate limits and the ability to collect franchise fees for
the same activity, with the accompanying loss of revenue.
Legal Review:
n/a
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Solid Waste Ordinance
Chapter 46 - SOLID WASTE[1]
Footnotes:
--- (1) ---
State Law reference— Solid waste management generally, O.C.G.A. § 12-8-20 et seq.; Georgia
Comprehensive Solid Waste Management Act, O.C.G.A. § 12-9-1; hazardous waste management,
O.C.G.A. § 12-8-79; local and regional solid waste plans, O.C.G.A. § 12-8-31.1; tire disposal restrictions,
O.C.G.A. § 12-8-40.1; yard trimmings and disposal restrictions, O.C.G.A. § 12-8-40.2; authorization for
local government units to enforce collection of taxes, fees, or assessments for solid waste management,
O.C.G.A. § 12-8-39.3; authority of local governments to adopt and enforce local regulations for the
handling and disposal of solid waste, O.C.G.A. § 12-8-30.9; Litter Control Law, O.C.G.A. § 16-7-40;
transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A. § 36 -1-
16; Resource Recovery Development Authorities Law, O.C.G.A. § 36-63-1 et seq.; littering highways,
O.C.G.A. § 40-6-249.
ARTICLE I. - IN GENERAL
Sec. 46-1. - Definitions.
For the purpose of this chapter, whenever inconsistent with the context, words used in the present
tense include the future tense, words in the plural include the singular, words in the singular include the
plural, and the use of any gender shall be applicable to all genders whenever the sense requires. The
words "shall" and "will" are mandatory and the word "may" is permissive. Words not defined in this section
or otherwise in this chapter shall be given their common and ordinary meaning.
The following words, terms, phrases and their derivations shall, in this chapter, have the meaning
given in this section.
Approved container or approved bag or container or bag means those containers used in the
collection of solid waste, as defined in this chapter, which have been approved by the company for use by
both residential and commercial customers.
Area shall mean the area within the boundaries of the incorporated areas of the Ci ty of Milton, as
they exist as of the effective date in addition to future boundary changes as outlined in the term "city."
City means the City of Milton, Georgia, an incorporated municipal government in Fulton County,
State of Georgia. Boundaries defining the city limits may be changed via ordinances approved by the city
council, for which any new boundary created shall be subject to this contract.
Commercial unit shall mean any structure, whether freestanding or designed to serve multiple
tenants, whose primary purpose is for conducting business.
Company means any organization, firm, person, entity, corporation or other business that contracts
with customers to provide for the collection and disposal of solid waste material as defined in this article,
and including but not limited to construction/demolition debris, dead animals, garbage, waste, storm
debris, yard trimmings, and recyclable material.
Construction/demolition debris shall have the meaning set forth by the state department of natural
resources, environmental protection division (Georgia EPD chapter 391-3-4.01(14)).
Construction site shall mean any parcel of land or real property having land disturbance, clearing and
grading, demolition, improvements and betterments, renovation, remodeling and/or new construction
work performed thereon or about the real property or premises whether or not a land disturbance and/or
building permit is required.
Customer shall mean any firm, person, entity, corporation or organization that contracts with a
company for the collection and disposal of solid waste material as defined in this chapter, and including,
but not limited to, construction/demolition debris, dead animals, garbage, waste, storm debris, yard
trimmings, and recyclable material.
Dead animals shall mean animals or portions thereof equal to or greater than ten pounds in weight
that have died from any cause, except those slaughtered or killed for human use.
Effective date means any contract executed between the city and any company on or after
December 1, 2009.
Environmental laws means all applicable laws, directives, rules, ordinances, codes, guidelines,
regulations, governmental, administrative or judicial orders or decrees or other legal requirements of any
kind, including, without limitation, common law, whether currently in existence or hereafter promulgated,
enacted, adopted or amended, relating to safety, preservation or protection of human health and the
environment (including ambient air, surface water, groundwater, land, or subsurface strata) and/or
relating to the handling, treatment, transportation or disposal of waste, substances or materials, including,
without limitation, any matters related to releases and threatened releases of materials and substances.
Garbage shall have the meaning set forth at state department of natural resources, environmental
protection division ("Georgia EPD chapter 391-3-4-.01(21)).
Gross receipts shall mean the total amount collected by the company from any and all customers for
services rendered under authority of this chapter as a result of charges for service. Gross receipts shall
not include the infrastructure maintenance fee identified in this chapter.
Hazardous materials means any pollutant, contaminant, hazardous or toxic substance, constituent or
material, including, without limitation, petroleum products and their derivatives, or other substances,
regulated under or pursuant to any environmental laws. The term "hazardous materials" also includes any
pollutant, contaminant, hazardous or toxic substance, constituent or material, including, without limitation,
petroleum products and their derivatives, or other substance that is, after the date first written above,
deemed hazardous be any judicial or governmental entity, body or agency having jurisdiction to make that
determination.
Hazardous waste means any waste regulated under or pursuant to any environmental laws,
including, but not limited to, any solid waste which has been defined as a hazardous waste in regulations
promulgated by the board of natural resources, chapter 291-3-11. The term "hazardous waste" also
includes hazardous materials and any waste that is, after the effective date of this agreement, deemed
hazardous by any judicial or governmental entity, board, body or agency having jurisdict ion to make that
determination. The term "hazardous waste" will be construed to have the broader, more encompassing
definition where a conflict exists in the definitions employed by two or more governmental entities having
concurrent or overlapping jurisdiction over hazardous waste.
Recycling shall have the meaning set forth at state department of natural resources, environmental
protection division ("Georgia EPD") chapter 391-3-4-.01(57).
Residential unit shall mean any structure, whether single family, multi-family, or otherwise whose
primary purpose is for living.
Solid waste means the collection of residential and commercial non-recyclable waste, residential and
commercial recyclable waste, and residential yard trimmings/waste.
Term shall mean a period of one year from the effective date.
Waste means all putrescible and non-putrescible solid, semi-solid, and liquid wastes, including
residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure, vegetable or animal
solid and semi-solid wastes, and other discarded solid and semi-solid wastes.
Yard trimmings shall have the meaning set forth at state department of natural resources,
environmental protection division ("Georgia EPD") chapter 391-3-4-.01(77).
(Ord. No. 06-11-04, § 1, 11-21-2006; Ord. No. 07-11-54, § 1, 11-15-2007; Ord. No. 08-11-30, §
1, 11-17-2008; Ord. No. 10-11-84, § 1, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Sec. 46-2. - Purpose.
This chapter regulates the collection and disposal of waste and garbage including, but not limited to,
all waste byproducts of manufacturing or commercial establishments, cinders and ashes from commercial
boilers, and cardboard and wooden boxes, crates and barrels, as well domestic waste including meat,
vegetable and fruit scraps, cans, bottles, paper, cardboard, rags, ashes, and other such waste material
ordinarily disposed from residences, churches, schools, small business establishments , and other such
places.
(1) The term "garbage" does not include animals, fowl, and fish entrails, bones and carcasses
whether in whole or in part, from business establishments such as slaughterhouses and meat
and fish markets. Such material means "other waste."
(2) The term "waste" also includes animal, fowl, and fish excrement, entrails, bones, carcasses in
whole or in part and dead animals, and any other refuse material not otherwise classified
herein.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 1), 3-17-2008; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Sec. 46-3. - Collection fees.
All fees are listed in section 46-70, contract and rental fees.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 3), 3-17-2008; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Sec. 46-4. - Medical waste to be disposed of according to state and federal regulations.
Hospitals and health care professionals or other entities disposing of medical waste including, but
not limited to, any device used to puncture or lacerate skin, shall be disposed of in a manner consistent
with federal and state regulations.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 4), 3-17-2008; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Secs. 46-5—46-23. - Reserved.
ARTICLE II. - LITTERING
Sec. 46-24. - Prohibited.
(a) Unlawful acts defined.
(1) Public littering. It shall be unlawful for any person, in person or by his or her agent, employee,
or servant, to cast, throw, sweep, sift, or deposit in any manner in or upon any public way or
other public place in the city or the river, creek, branch, public water, drain, sewer, or recei ving
basin within the city's jurisdiction, any kind of leaves, dirt, rubbish, waste article, thing, or
substance whatsoever, whether liquid or solid. Nor shall any person cast, throw, sweep, sift, or
deposit any of the aforementioned items anywhere within the city's jurisdiction in such a manner
that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain, or
snow, into any of the aforementioned places; provided that this section shall not apply to:
a. The deposit of material under a permit authorized by any city ordinance;
b. Goods, wares, or merchandise deposited upon any public way or other public place
temporarily, in the necessary course of trade, and removed there from within two hours
after being so deposited; or
c. Articles or things deposited in or conducted into the city sewer system through lawful drains
in accordance with the city ordinances relating thereto.
(2) Private littering. The acts described in subsection (a)(1) of this section shall also apply to acts
committed to or against private property without the consent of the owner.
(b) All business firms dispensing their product in cups, plates, wrappe rs, sacks, and other similar forms
of containers shall provide adequate metal or plastic containers upo n the premises for collection of
refuse. It shall be the express responsibility of all such business firms to collect all cups, plates,
wrappers, sacks, and other similar forms of containers dispensed by said business that may
discarded upon the premises or neighboring street and sidewalks. It further shall be the responsibility
of said business to collect the aforementioned items from the premises of the neighboring property
when the owners of the property specifically request and authorize the business personnel to enter
upon their property for that purpose.
(c) Construction site operators must properly dispose (or discard) building materials, concrete truck
washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse
impacts to water quality. All construction site operators shall provide adequate containers upon the
premises for collection of said materials and any wast e generated or collected at the site.
(d) Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by
this section or who violates any order or determination of the department promulgated pursuant to
this article shall be punished as directed by law, and in addition thereto, may be enjoined from
continuing the violation. Each day a violation occurs shall constitute a separate offense. Any willful
and wanton violation of this subsection resulting in the unlawful littering of the streets, sidewalks, and
neighboring property shall be deemed a nuisance and on conviction thereof by the city court, the
mayor and city council may after a notice and a hearing revoke the business license of the violator.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 5), 3-17-2008; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 14-11-228, § 1, 11-17-2014; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord.
No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No.
18-12-385 , § 5, 12-17-2018)
Secs. 46-25—46-43. - Reserved.
ARTICLE III. - COLLECTION SERVICES
DIVISION 1. - GENERALLY
Secs. 46-44—46-62. - Reserved.
DIVISION 2. - CONTRACTUAL PROVISIONS
Sec. 46-63. - Authority.
The city is empowered to contract with one or several third parties to collect and dispose of a ll
garbage, waste, commercial waste, and yard waste generated by the city. In addition, the city may sell
franchise rights in garbage collection to third parties.
(Ord. No. 08-03-04, § 1(ch. 17, art. 1, § 2), 3-17-2008; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Sec. 46-64. - Grant of nonexclusive contract.
The city shall hereby grant to companies a nonexclus ive contract pursuant to the terms set forth
herein to use the public streets, alleys, roads and thoroughfares within the city for the purpose of
operating and engaging in the business of collecting and disposing of waste; including, but not limited to,
contracting with customers and providing service pursuant to contract therefore, placing and servicing
containers, operating trucks, vehicles and trailers, and such other operations and activity as are
customary and/or incidental to such business and service.
(Ord. No. 06-11-04, § 2, 11-21-2006; Ord. No. 07-11-54, § 2, 11-15-2007; Ord. No. 08-11-30, §
2, 11-17-2008; Ord. No. 10-11-84, § 2, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Sec. 46-65. - Term.
The term of any agreement shall be for a period of one year beginning on the effective date of the
contract execution and terminating on the first anniversary of said date. The company shall begin
performance under this contract immediately after the effective date of the contract execution.
(Ord. No. 06-11-04, § 3, 11-21-2006; Ord. No. 07-11-54, § 3, 11-15-2007; Ord. No. 08-11-30, §
3, 11-17-2008; Ord. No. 10-11-84, § 3, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note— Section 3 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-65 from "One year in length" to "Term."
Sec. 46-66. - Scope and nature of operation.
(a) Residential and commercial refuse and waste. The company may collect and deliver for disposal all
residential and commercial refuse and waste accumulated within the corporate limits of the city by
the company's customers and the words "refuse", "garbage", "trash" and "waste" when used in this
article are used for convenience and, unless the context shows otherwise, refer to yard trimmings,
recycling, storm debris, garbage, and construction/demolition debris. The company will furnish the
personnel and equipment to collect refuse, provide the services described herein, and as contracted
for with its customers, in an efficient and businesslike manner.
(b) Service provided. Company shall provide container, bin and other collection service for the
collection of residential and commercial refuse and waste according to the individual customer
agreements and applicable city regulations and shall make provision for the specia l collection of
such refuse and waste upon request. The company shall cause or require its equipment, containers
and bins to be kept and maintained in a manner to not cause or create a threat to the public health
and shall keep the same in a good state of repair.
(c) Collection operation. Save and except as provided in this section, collection shall not start before
7:30 a.m. or continue after 7:30 p.m. at any location. Company may request variances to this
collection period provided that collections: (i) are made in a manner that does not cause or result in
loud noise; and (ii) that are made at a location which will not cause the disturbance of persons
occupying the premises or neighboring property must first be confirmed prior to the request. All
requests for variances of times must be submitted to the city manager, or his designee, and include
documentation on the hardship created by the collection operation period. Should such a collection
operation variance be granted and the city receives two complain ts about the collection operation in
any six-month time period, the city shall verify and substantiate the factual basis for any complaints.
Should the complaints be substantiated, the collection operation variance will be revoked. The
frequency of collection shall be determined by each individual customer agreement.
(d) Holidays. The company shall observe such holidays as it, in its sole discretion, determines
appropriate. Notification must be given by the company to its customers of the holidays and res ulting
collection cycles.
(e) All companies must maintain a local customer service telephone number while conducting business
within the city. The telephone number must be publicly listed in a phone book and available through
directory assistance. Each company providing trash receptacles, whether commercial or reside ntial,
must mark each receptacle with the company's name and telephone number in letters not less than
four inches in height. Each company must provide a mechanism to accept, investigate, and respond
to customer complaints. Companies are strongly encouraged to use multi-media devices including
interactive websites, e-mail, fax, and automated telephone systems. Service calls received by the
city as a result of noncompany performance will result in the consideration of revocation of a
nonexclusive contract or the city's choice to not renew an existing agreement.
(f) Any invoice, bill, statement, or other device intended to request remittance by the customer to the
company of funds for payment of service shall include at a minimum, the company's telephone
number and payment methods available to customers.
(g) All companies providing residential service or service to residential multi-family units must provide a
recycling program to all customers. This program is intended to promote recycling programs
throughout the city by reducing the amount of waste landfilled. Commodities may be commingled by
the consumer and collected commingled by the hauler. Recycled commodities which must be offered
in all programs are as follows: steel and tin cans; aluminum cans, foil, pie pans, plastic items (#1, #2,
and #3); cardboard, cereal boxes and any non-waxed paper containers; brown paper grocery bags;
newspapers; magazines; telephone books; junk mail; office papers; and school papers. Customers
shall be charged for the recycling program by the company regardless of utilization of the service.
Haulers are to include this service with their residential rate structure; however, the charge for
recycling shall be shown separate from other services provided.
(h) All companies providing commercial service must offer and promote a recycling program to all
customers. This program is intended to promote recycling programs throughout the city by reducing
the amount of waste landfilled.
(i) All companies providing residential service must offer the collection of yard trimmings to all
customers. This program is intended to assist in the collection and disposal of grass clippings;
leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size limitations set by
company; bushes, brush, and all other general debris generated from the maintenance of residential
yards and lawns.
(j) It shall be the company's obligation and responsibility to educate all customers on industry trends
and best practices relating to solid waste collection, removal, and disposal. Such education
programs must consist of the following elements: recycling; holiday schedules; new customer
information; and any service related items. All com panies have the obligation to inform customers of
any non-collected trash or items placed for collection by the customer but not covered under the
agreement between the customer and the company. Further, it shall be the company's obligation and
responsibility to educate customers on days of collection for each specific service provided. All
education and communication between the company and customers should promote the pla cement
of residential collectibles at the curb the night before pick -up. Receptacles, containers, or bagged
materials shall not be left at the curb for longer than a 24-hour period.
(Ord. No. 06-11-04, § 4, 11-21-2006; Ord. No. 07-11-54, § 4, 11-15-2007; Ord. No. 08-11-30, §
4, 11-17-2008; Ord. No. 10-11-84, § 4, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Sec. 46-67. - Vehicles to be covered and identified.
(a) All vehicles used by company for the collection and transportation of refuse shall be covered at all
times while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets
or properties adjacent thereto, and such vehicles shall be clearly m arked with the company's name
and telephone number in letters not less than four inches in height.
(b) Company must provide a comprehensive and proactive driver safety education program which
encourages safety on city streets. Such program must be demonstrated and conveyed to the city.
Company must comply with all other regulatory agencies, both local, state, or otherwise with respect
to commercial vehicle operation within the city. Service calls received by the city as a result of
noncompany performance will result in the consideration of revoking a nonexclusive contract or the
city's choice to not renew an existing agreement.
(c) Company must manage collection services delivered within the city to minimize the number of
vehicles on city roads. Coordination between haulers and service providers is strongly encouraged to
manage service vehicles on residential streets and neighborhoods.
(d) Should company utilize "scout" trucks to facilitate collection in residential areas where it is not
feasible to use standard collection vehicles, such vehicles must be covered at all times while loaded
and in transit should they exceed 30 miles per hour or be driven more than 300 yards on a public
street.
(Ord. No. 06-11-04, § 5, 11-21-2006; Ord. No. 07-11-54, § 5, 11-15-2007; Ord. No. 08-11-30, §
5, 11-17-2008; Ord. No. 10-11-84, § 5, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Sec. 46-68. - Regulation of containers.
The company may rent, lease, provide or define specifications for co ntainers to any customer within
the corporate limits of the city for refuse storage and collection purposes subject to the follow ing
requirements:
(1) All containers shall be constructed and maintained according to industry practice;
(2) All containers shall be equipped with stable covers to prevent blowing or scattering of refuse
while being transported for disposal of their contents;
(3) All containers, save and except those being used for the purpose of collecting and storing
rubble, building and scrap construction materials, shall be equipped with covers suitable to
prevent blowing or scattering refuse and access to the container by animals while the container
is at the site designated by customer;
(4) All containers shall be periodically cleaned, maintained, serviced and kept in a reasonably
good state of repair, to prevent the unreasonable accumulation of refuse residues , to avoid
excessive odor and harborage for rodents and flies resulting from excessive residues remaining
after collection of containers;
(5) All containers shall be clearly marked with the company's name and telephone number in
letters not less than four inches in height;
(6) All containers shall not be on public rights -of-way and shall be located so as to not interfere,
block, obstruct or impede the normal use of any sidewalk, street, alley driveway or fire lane, or
to block, obstruct or impede sight distance at street, road or alley intersections;
(7) All containers, bins, or other collection instruments must be kept free from graffit i, rust, broken
and nonoperational parts and pieces, and litter in and around the area; and
(8) It shall be the responsibility of each company to educate their customers on the regulations of
containers and maintain industry standards, policies, and proc edures, which promote an
aesthetically pleasing environment in and around all refuse and waste containers and
receptacles.
(Ord. No. 06-11-04, § 6, 11-21-2006; Ord. No. 07-11-54, § 6, 11-15-2007; Ord. No. 08-11-30, §
6, 11-17-2008; Ord. No. 10-11-84, § 6, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note— Section 6 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-68 from "Container requirements" to "Regulation of containers."
Sec. 46-69. - Disposal of refuse.
The company will deliver all waste collected by it from its customers within the city, except for
materials which the company may select for recovery and recycling, to a disposal facility that is permitted
by the EPD to accept such refuse and waste. Rules and regulations governing hours of operation and
disposal practices at the disposal facility will be observed and followed by the company while engaged in
the disposal of refuse pursuant to this article. Any items collected as part of a recycling program must be
delivered to a facility where recovery and reuse occurs.
Should any company choose to offload or dispose of materials collected by one vehicle into another
for transport to the final disposal facility, company shall make every available effort to perform such refuse
transfer on property owned by the company or privately owned property where the company has an
agreement with the property owner to perform such activity. In the event any transfer occurs on public
land, including streets, alleys, rights-of-ways, roads, thoroughfares, avenues, parkways, expressways, or
other areas designed and designated for public travel, company shall make every effort available to clean
the area after completion of the transfer to insure the area is maintained at the same or better level than if
the area was not used for this activity. In the event the city receives complaints regarding this practice,
company shall be required to cease from this activity at the location of the complaint.
(Ord. No. 06-11-04, § 7, 11-21-2006; Ord. No. 07-11-54, § 7, 11-15-2007; Ord. No. 08-11-30, §
7, 11-17-2008; Ord. No. 10-11-84, § 7, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Sec. 46-70. - Contract and rental fees.
Contract fee. The streets, rights-of-way, and public easements to be used by the company in the
operation of its business within the boundaries of the city as such boundaries now exist and exist from
time to time during the term of this contract, are valuable public properties acquired and maintained by
the city at great expense to its taxpayers, and the city will incur costs to regulate and administer this
article. In consideration of such benefits, costs and expenses, the company shall through the term of its
contract collect an "infrastructure maintenance fee" equal to five percent of the company's gross receipts
to customers within the city (exclusive of sales tax). The term "infrastructure maintenance fee" shall be
used on all bills, invoices, or statements sent by any com pany to a customer under this article. This fee is
applicable to haulers that are providing trash and recycling collection to residential accounts as well as
haulers serving commercial accounts.
(1) Fees paid. The infrastructure maintenance fee shall be payable quarterly to the city and
delivered to the city in conjunction with a statement indicating the derivation and calculation of
such payment. Each such quarterly payment shall be due on the fifteenth day of the second
month following the end of the quarterly period for which said payment is due. The quarterly
payments shall be due on February 15, May 15, August 15, and November 15 of each year
during the term hereof, with the February 15 payment being based upon the company's gross
receipts during the calendar quarter ending the prior December 31 and being payment for the
rights and privileges granted hereunder for said calendar quarter, the May 15 payment being
based upon the company's gross receipts during the calendar quarter ending the prior March 31
and being payment for the rights and privileges granted hereunder for said calendar quarter, the
August 15 payment being based upon the company's gross receipts during the calendar quarter
ending the prior June 30 and being payment for the rights and privileges granted hereunder for
said calendar quarter, and the November 15 payment being based upon the company's gross
receipts during the calendar quarter ending the prior September 30 and being payment for the
rights and privileges granted hereunder for said calendar quarter. During the implementation of
this article, all bills generated by companies after December 1, 2 006, shall include the
infrastructure maintenance fee. The city shall provide m aterial relating to the education and
marketing efforts of the infrastructure maintenance fee as well as provide education and training
to company employees to ensure a consiste nt message is conveyed to constituents of the city.
For purposes of verifying the amount of such fee, the books of the company shall at all
reasonable times be subject to inspection by the duly authorized representatives of the city. If
the infrastructure maintenance fee is not paid by the due date as set forth herein, the company
from whom the fee was due shall be assessed and shall pay a late fee in the amount of ten
percent of the amount not timely paid. In addition, all amounts otherwise due, including late
fees, shall accrue interest at the rate of 1.5 percent per calendar month beginning 30 days after
the original due date.
(2) No other rental fees. The contract fee shall be in lieu of any and all other city-imposed rentals
or compensation or contract, privilege, instrument, occupation, excise or revenue taxes or fees
and all other exactions or charges (except ad valorem property taxes, special assessments for
local improvements, city sales tax, and such other charges for utility services imposed unif ormly
upon persons, firms or corporations then engaged in business within the city) or permits upon or
relating to the business, revenue, installations and systems, fixtures, and any other facilities of
the company and all other property of the company and its activities, or any part thereof, in the
city which relate to the operations of the company pursuant to this article; provided, that this
shall not be construed to prevent the company from being required to pay any and all applicable
fees and charges in effect from time to time for dumping at a landfill or transfer station.
(3) Credit for fees paid. Should the city not have the legal power to agree that the payment of the
foregoing sums of money shall be in lieu of contracts, fees, street or alley ren tals or charges,
easement or ordinance fees or charges aforesaid, then city agrees that it will apply so much of
said sums of money paid as may be necessary to company's obligations, if any, to pay any
such contract, ordinance charges, other charges, fees, rentals, easement, taxes or charges.
(4) Reporting. Any company providing service pursuant to this article or a resulting contract shall
from time to time provide the city with the necessary statistics regarding waste collected and
disposed which shall allow the city to comply with state reporting requirements. Such
information shall be in the manner and format requested by the city and provide adequate
details for the city to maintain compliance with local, state, federal, and all other guidelines
relating to solid waste collection, removal, and disposal.
(5) Dedicated revenue. The infrastructure maintenance fee collected by the city under this article
shall be dedicated to the following: (i) maintenance of the city's streets, corridors, alleys,
thoroughfares, and transportation routes; (ii) administration of contract compliance between
customers and companies where service is received as provided in this article; and (iii)
collection of litter, trash and hazardous waste materials within the city.
(Ord. No. 06-11-04, § 8, 11-21-2006; Ord. No. 07-11-54, § 8, 11-15-2007; Ord. No. 08-11-30, §
8, 11-17-2008; Ord. No. 10-11-84, § 8, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note— Section 8 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-70 from "Fees" to "Contract and rental fees."
Sec. 46-71. - Compliance with law.
The company shall conduct under this article in compliance with the material provisions of all
applicable local, state and federal laws, rules and regulations, and with the general specifications
contained in this article.
(Ord. No. 06-11-04, § 9, 11-21-2006; Ord. No. 07-11-54, § 9, 11-15-2007; Ord. No. 08-11-30, §
9, 11-17-2008; Ord. No. 10-11-84, § 9, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-2011;
Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note— Section 9 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-71 from "Compliance with local, state and federal regulations required" to "Compliance with
law."
Sec. 46-72. - Insurance provided by company.
(a) Minimum coverage requirements. The company shall maintain throughout the term of its contract,
property damage coverage, general liability insurance, and automobile liability insurance for any
automobile owned or operated by company, with an insurance company authorized and licensed to
do business in the state and acceptable to the city, insuring against claims for liability and damages
for the benefit of the city. The insurance shall include the city as an additional insured. General
liability coverage insurance under this section shall be a minimum of $1,000,000.00 per occurrence
with a $2,000,000.00 aggregate. Automobile liability insurance under this section shall, at a
minimum, have limits of $1,000,000.00 for each occurrence. Additionally, umbrella coverage of
$1,000,000.00 on both automobile liability insurance and general liability insurance is required.
(b) Employer's liability. If the company is required by state statute, the company shall maintain
throughout the term of the contract resulting from this article the requisite statutory workers'
compensation insurance, and a minimum of $100,000.00 employer's liability insurance. Company
shall be required to show compliance to this section by submitt ing documentation of such coverage
from an approved carrier licensed in the state, or documentation explaining the exemption from
employer's liability insurance should they not meet the state requirements to carry such coverage.
(c) Certificate of insurance. The insurance policy, or policies, obtained by the company in compliance
with this section shall be approved by the city manager or his designee in the city manager's or his
designee's reasonable discretion, and the certificate of insurance for the insurance policy shall be
filed and maintained with the city during the term of the contract resulting from this article with a copy
of the endorsement required under subsection (d) to be attached or made a part of such certificate.
(d) Endorsements. All insurance policies maintained pursuant to this article shall contain the following
conditions by endorsement:
(1) Additional insured. The city shall be an additional insured and the term "owner" and "city" shall
include all authorities, boards, bureaus, commissions, divisions, departments and offices of the
city and the individual members, officers, employees and agents thereof in their official
capacities and/or while acting on behalf of the city.
(2) Other insurance clause. The policy clause "other insurance" shall not apply to the city when the
city is an insured on the policy.
(3) No recourse. Companies issuing the insurance policies shall not recourse against the city for
payment of any premium or assessment.
(e) Increase requirements. The city may choose to amend this article to make reasonable adjustments
to the insurance coverage and their limits when deemed necessary and prudent based upon
changes in statutory law, court decisions, or the claims history of the industry.
(Ord. No. 06-11-04, § 10, 11-21-2006; Ord. No. 07-11-54, § 10, 11-15-2007; Ord. No. 08-11-30,
§ 10, 11-17-2008; Ord. No. 10-11-84, § 10, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note— Section 10 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-72 from "Company to provide insurance" to "Insurance provided by company."
Sec. 46-73. - Indemnification and hold harmless.
The company agrees to indemnify, defend and save harmless the city, its agents, officers and
employees, against and from any and all claims by or on behalf of any person, firm, corporation or other
entity arising from any negligent act or omission or willful misconduct of the company, or any of its agents,
contractors, servants, employees or contractors, and from and against all costs, counsel fees, expenses
and liabilities incurred in or about any such claim or proceeding brought thereon. Promptly after receipt
from any third party by city of a written notice of any demand, claim or circumstance that, immediately or
with the lapse of time, would give rise to a claim or the commencement (or threatened commencement) of
any action, proceeding or investigation (an "asserted claim") that may result in losses for which
indemnification may be sought hereunder, the city shall give written notice thereof (the "claims notice") to
the company provided, however, that a failure to give such notice shall not prejudice the city's right to
indemnification hereunder except to the extent that the company is actually and materially prejudiced
thereby. The claims notice shall describe the asserted claim in reasonable detail, and shall indicate the
amount (estimated, if necessary) of the losses that have been or may be suffered by the city when such
information is available. The company may elect to compromise or defend, at its own expense and by its
own counsel, any asserted claim. If the company elects to compromise or defend such asserted claim, it
shall, within 20 business days following its receipt of the claims notice (or sooner, if the nature of the
asserted claim so required) notify the cit y of its intent to do so, and the city shall cooperate, at the
expense of the company, in the compromise of, or defense against, such asserted claim. If the company
elects not to compromise or defend the asserted claim, fails to notify the city of its elec tion as herein
provided or contests its obligation to provide indemnification under this agreement, the city may pay,
compromise or defend such asserted claim with all reasonable costs and expenses borne by the
company. Notwithstanding the foregoing, neither the company nor the city may settle or compromise any
claim without the consent of the other party; provided, however, that such consent to settlement or
compromise shall not be unreasonably withheld. In any event, the city and the company may participa te
at their own expense, in the defense of such asserted claim. If the company chooses to defend any
asserted claim, the city shall make available to the company any books, records or other documents
within its control that are necessary or appropriate for such defense.
(Ord. No. 06-11-04, § 11, 11-21-2006; Ord. No. 07-11-54, § 11, 11-15-2007; Ord. No. 08-11-30,
§ 11, 11-17-2008; Ord. No. 10-11-84, § 11, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note— Section 11 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-73 from "Company to indemnify city; defense of suits" to "Indemnification and hold
harmless."
Secs. 46-74—46-92. - Reserved.
DIVISION 3. - TERMINATION OF CONTRACT
Sec. 46-93. - Forfeiture and terminating of contract.
(a) Material breach. In addition to all other rights and powers retained by the city under this article or
otherwise, the city reserves the right to declare an y resulting contract from this article forfeited and to
terminate the contract and all rights and privileges of the company hereunder in the event of a
material breach of the terms and conditions hereof. A material brea ch by company shall include, but
shall not be limited to, the following:
(1) Fees. Failure to pay the fees set out in section 46-70;
(2) Telephone listings. Failure to keep and maintain a local telephone listing and office or
answering service that is available by phone without long distance charge during regular
business hours for service to the public, and which telephone or office shall, at minimum,
provide and maintain the following services:
a. Coordinate and provide information concerning deposits, payments and accounts to
customers and prospective customers;
b. Respond to customer and prospective customer questions and issues about billings,
accounts, deposits and services;
c. Coordination with the city with respect to private sector and public works projects and
issues related to or affecting the company's operation; and
d. Immediate response, upon request, to police, fire and other emergency situations in which
the public health and safety requires action with respect to or assistance regarding
company's property.
(3) Failure to provide service. Failure to materially provide the services provided for in this article;
(4) Misrepresentation. Material misrepresentation of fact in the application for or negotiation of any
contract resulting from this article; or
(5) Conviction. Conviction of any director, officer, employee, or agent of the company of the
offense of bribery or fraud connected with or resulting from the award of a contract from this
article.
(b) Operation information. Material misrepresentation of fact knowingly made to the city with respect to
or regarding company's operations, management, revenues, services or reports required pursuant to
this article.
(c) Economic hardship. Company shall not be excused by mere economic hardship nor by misfeasance
or malfeasance of its directors, officers or employees.
(d) Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal of the
company to comply with any material provision of this article or resulting contract within 30 days after
written notice from city setting forth the specific provision and noncompliance, said notice to be
mailed to company at its principal place of business by certified mail, return receipt requested, shall
be deemed a breach of this article, and the city council, upon notice to company and hearing, may,
for good cause declare a contract forfeited and exclude company from further use of the streets of
the city under this article, and the company shall thereupon surrender all rights in and under this
article and contract.
(1) Proceedings. In order for the city to declare a forfeiture pursuant to subsections (a), (b), (c), (d),
the city shall make a written demand that the company comply with any such provision, rule,
order, or determination under or pursuant to this article. If such violation by the company
continues for a period of 30 days following such written demand without written proof that the
corrective action has been taken or is being actively and expeditiously pursued, the council may
take under consideration the issue of termination of the resulting contract from this article. The
city shall cause to be served upon company, at least 20 days prior to the date of such a council
meeting, a written notice of intent to request such termination and the time and place of the
meeting. Notice shall be given of the meeting and issue which the council is to consider.
(2) Hearing. The council shall hear and consider the issue, hear any person interested therein, and
shall determine whether or not any violation by the company has occurred.
(3) Forfeiture. If the council shall determine that the violation by the company was the fault of
company and within its control, the council may declare the contract forfeited and terminated, or
the council may grant to company a period of time for compliance.
(Ord. No. 06-11-04, § 12, 11-21-2006; Ord. No. 07-11-54, § 12, 11-15-2007; Ord. No. 08-11-30,
§ 12, 11-17-2008; Ord. No. 10-11-84, § 12, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note— Section 12 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-93 from "Forfeiture" to "Forfeiture and terminating of contract."
Sec. 46-94. - Transfer, sale or conveyance by company.
The company shall not transfer, assign, sell or convey any rights granted under any resulting
contract from this article without the prior approval of the city council; provided that this section shall not
apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery,
containers and buildings by company for the purpose of maintaining and continuing its operation within
the city; and provided further that company may, in its sole discretion and upon written notice to the city,
transfer, assign, sell or convey their rights under this article to a wholly owned subsidiary of the company
or to an affiliated entity that is under common control with company (i.e., has a common parent entity).
(Ord. No. 06-11-04, § 13, 11-21-2006; Ord. No. 07-11-54, § 13, 11-15-2007; Ord. No. 08-11-30,
§ 13, 11-17-2008; Ord. No. 10-11-84, § 13, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note— Section 13 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-94 from "Transfer, sale or conveyance by company prohibited; exceptions" to "Transfer, sale
or conveyance by company."
Sec. 46-95. - Foreclosure.
Upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the
company used for and dedicated to providing service pursuant to this article, the company shall notify the
city of such fact, and such notification shall by treated as a notification that a change in control of the
company has taken place and the provisions of this article governing the consent of the council to such
change in control of the company shall apply. Upon the foreclosure or judicial sale, or the leasing of all or
a substantial part of the property and assets of the company dedicated to and used for the purposes of
providing service pursuant to this article, without the prior approval of the council, the council may, upon
hearing and notice, terminate any contract resulting from this article.
(Ord. No. 06-11-04, § 14, 11-21-2006; Ord. No. 07-11-54, § 14, 11-15-2007; Ord. No. 08-11-30,
§ 14, 11-17-2008; Ord. No. 10-11-84, § 14, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note— Section 14 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-95 from "Foreclosure or judicial sale" to "Foreclosure."
Sec. 46-96. - Receivership and bankruptcy.
Cancellation option. The council shall have the right to cancel any contract resulting from this article
120 days after the appointment of a receiver or trustee to take over and conduct the business of the
company, whether in receivership, reorganization, bankruptcy, other action or preceding, whether
voluntary or involuntary, unless such receivership or trusteeship shall have been vacated prior to the
expiration of said 120 days, unless:
(1) Trustee compliance. Within 120 days after his election or appointment, such receiver trustee
shall have fully complied with all the provisions of this article and remedied all defaults
thereunder; or
(2) Trustee agreement. Such receiver or trustee, within 120 days, shall have executed an
agreement, duly-approved by the court having jurisdiction, whereby the receiver or trustee
assumes and agrees to be bound by each and every provision of this article granted to the
company.
(Ord. No. 06-11-04, § 15, 11-21-2006; Ord. No. 07-11-54, § 15, 11-15-2007; Ord. No. 08-11-30,
§ 15, 11-17-2008; Ord. No. 10-11-84, § 15, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Secs. 46-97—46-115. - Reserved.
DIVISION 4. - ADDITIONAL PROVISIONS
Sec. 46-116. - Retention of city police powers.
The city retains and reserves all of its police powers and the rights, privileges, and immunities that it
now has under the law to regulate, patrol and police the streets and public ways within the city, and the
granting of any contract as a result of this article shall in no way interfere with the improvements to, or
maintenance of, any street, alley or public way, and the rights of the city to use said streets, alleys and
public ways.
(Ord. No. 06-11-04, § 16, 11-21-2006; Ord. No. 07-11-54, § 16, 11-15-2007; Ord. No. 08-11-30,
§ 16, 11-17-2008; Ord. No. 10-11-84, § 16, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Sec. 46-117. - Amendments of city ordinances and regulations.
The city reserves the right and power, pursuant to its police power, after due notice to company, to
modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the city, and
to impose such additional conditions, that are not inconsistent with the rights granted by this article, upon
the company and all persons, firms or entities of the same class as the company, as may be reasonably
necessary in the discretion of the city council to preserve and protect the public, health, safety and
welfare and/or ensure adequate service to the public.
(Ord. No. 06-11-04, § 17, 11-21-2006; Ord. No. 07-11-54, § 17, 11-15-2007; Ord. No. 08-11-30,
§ 17 11-17-2008; Ord. No. 10-11-84, § 17, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note— Section 17 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-117 from "Reservation to amend city ordinances and regulations" to "Amendments of city
ordinances and regulations."
Sec. 46-118. - Taxes.
The company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are
imposed upon the company. Absent an administrative or judicial challenge, or appeal, the failure to pay
any such tax, levy or assessment shall be a breach of this article.
(Ord. No. 06-11-04, § 18, 11-21-2006; Ord. No. 07-11-54, § 18, 11-15-2007; Ord. No. 08-11-30,
§ 18, 11-17-2008; Ord. No. 10-11-84, § 18, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note— Section 18 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-118 from "Payment of taxes required" to "Taxes."
Sec. 46-119. - Public necessity.
The council hereby finds and declares that the public welfare, convenience and necessity require the
service which is to be furnished by the company.
(Ord. No. 06-11-04, § 19, 11-21-2006; Ord. No. 07-11-54, § 19, 11-15-2007; Ord. No. 08-11-30,
§ 19, 11-17-2008; Ord. No. 10-11-84, § 19, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note— Section 19 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-119 from "Disposal of solid waste deemed public necessity" to "Public necessity."
Sec. 46-120. - No suspension of laws.
All provisions of the ordinances of the city as now existing or as may be amended from time to time,
and all provisions of the statutes of the state applicable to general law cities shall be a part of any
resulting contract from this article as fully as if the same had been expressly stated herein, and said the
city retains and may exercise all of the governmental and police powers and all other rights and powers
not directly inconsistent with the terms, conditions and provisions of this article.
(Ord. No. 06-11-04, § 22, 11-21-2006; Ord. No. 07-11-54, § 22, 11-15-2007; Ord. No. 08-11-30,
§ 22, 11-17-2008; Ord. No. 10-11-84, § 22, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note— Section 22 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-120 from "City ordinances and state law considered part of contract" to "No suspension of
laws."
Sec. 46-121. - Peaceful employment.
From and after the effective date of this article, the city and the company shall be and are hereby
authorized and entitled to act in reliance upon the terms, conditions and provisions of this article and any
resulting contract and, subject thereto, the company shall collect rates for service, operate and conduct its
business and work within the city, and enjoy the benefits and privileges of this article during the term
hereof.
(Ord. No. 06-11-04, § 23, 11-21-2006; Ord. No. 07-11-54, § 23, 11-15-2007; Ord. No. 08-11-30,
§ 23, 11-17-2008; Ord. No. 10-11-84, § 23, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Editor's note— Section 23 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-121 from "City and company to rely on this chapter" to "Peaceful employment."
Sec. 46-122. - Endorsements and records.
The city clerk is directed to make endorsements as appropriate over his/her official hand and the
seal of the city on the form provided at the conclusion of this article, for the public record and convenience
of the citizens, of the date upon which this article is finally passed and adopted.
(Ord. No. 06-11-04, § 25, 11-21-2006; Ord. No. 07-11-54, § 25, 11-15-2007; Ord. No. 08-11-30,
§ 25, 11-17-2008; Ord. No. 10-11-84, § 25, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016;
Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
Sec. 46-123. - Acceptance by company.
Within 30 days after the passage of this article, or within 30 days of establishing a business within
the corporate city limits, all companies operating a residential or commercial refuse waste service shall
file with the city its acceptance of the terms and provisions of this article, and request for contract. The
acceptance and request for contract shall be in writing in a format provided by the city substantially as
follows:
City of Milton
2006 Heritage Walk
Milton, GA 30004
___________(the "Company"), acting by and through an officer who is acting within its official
capacity and authority, hereby accepts the City of Milton Solid Waste Ordinance to operate a refuse and
solid waste collection and disposal system within the City as said Ordinance is set forth in the City of
Milton Code of Ordinances as Part II, Chapter 46 - Solid Waste, Article III - Collection Services, which
Ordinance is hereby incorporated herein by reference and as it may be amended from time to time. The
Company agrees to be bound and governed by each term, provision and condition of the Ordinance, to
accept and to give the benefits provided by the Ordinance, and to perform each service and duty set forth
and provided for in the Ordinance in a businesslike and reasonable manner and in compliance with the
Ordinance.
Company:_______
By:_______
Printed Name:_______
Title:_______
(Ord. No. 06-11-04, § 26, 11-21-2006; Ord. No. 07-11-54, § 26, 11-15-2007; Ord. No. 08-11-30,
§ 26, 11-17-2008; Ord. No. 10-11-84, § 26, 11-15-2010; Ord. No. 11-11-117, §§ 1—5, 11-21-
2011; Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-
2013; Ord. No. 14-12-229, § 5(Exh. A), 12-1-2014; Ord. No. 15-11-263 , § 5(Exh. A), 11-16-
2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-11-331 , § 5(Exh. A), 11-20-2017;
Ord. No. 18-12-385 , § 5, 12-17-2018; Ord. No. 19-04-394 , § 1, 4-22-2019)
Editor's note— Section 26 of Ord. No. 10-11-84, adopted Nov. 15, 2010, changed the title of §
46-123 from "Written acceptance of company required" to "Acceptance by company."
Sec. 46-124. - Decal.
Upon satisfactory compliance with the requirements set forth in this chapter in order to allow the
company to collect and/or dispose of waste, garbage and/or refuse, the city shall issue to the company a
decal designating the company as an approved city hauler in compliance with the city's sol id waste
ordinance.
(Ord. No. 12-12-155, § 5(Exh. A), 12-3-2012; Ord. No. 13-12-191, § 5(Exh. A), 12-2-2013; Ord.
No. 15-11-263 , § 5(Exh. A), 11-16-2015; Ord. No. 16-12-291 , § 5(Exh. A), 12-5-2016; Ord. No. 17-
11-331 , § 5(Exh. A), 11-20-2017; Ord. No. 18-12-385 , § 5, 12-17-2018)
MILTON*t
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: November 26, 2019
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Consideration of U19-02/VC19-03 located at 16040
Birmingham Hwy (SR 372) by Northleach, LLC (Ashford
Gardeners, Inc.) for a Use Permit for a Landscape Business
(Sec. 64-1820) with a total of 5,900 square feet (3,443 sq. ft.
existing) of structures on 3.5 acres with the following 15 -Part
Concurrent Variances.
MEETING DATE: Monday, December 2, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (, J,4PPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES L1,NO
CITY ATTORNEY REVIEW REQUIRED: () YES (,a'NO
APPROVAL BY CITY ATTORNEY. () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: /u.t/z0l5
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
0000
info@cityofmiltonga.us I www.cityofmiltonga.us
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
Page 1 of 40 11/26/2019
USE PERMIT STAFF REPORT
16040 Birmingham Road
CASE NUMBER: U19-02/VC19-03
CURRENT ZONING: AG-1 (Agricultural)
PROPOSED USE PERMIT: Landscape Business (Sec. 64-1820)
ACREAGE: 3.5 acres
COMPREHENSIVE PLAN Birmingham
CHARACTER AREA:
DISTRICT/SECTION/LAND 2ND District, 2nd Section, Land Lot 341
LOT(S):
APPLICANT/OWNER: Northleach, LLC (Ashford Gardeners)
16040 Birmingham Road
Milton, GA 30004
678-898-8121
REPRESENTATIVE: Scott Reece
Brumbelow-Reese & Associates, Inc.
13685 Highway 9 North
Milton, GA 30004
770-475-6817
APPLICANT’S REQUEST:
A Use Permit for a Landscape Business (Sec. 64-1820) with a total of
5,900 square feet (3,443 sq. ft. existing) of structures on 3.5 acres with the
following 15-Part Concurrent Variance:
Concurrent Variance to AG-1 (Agricultural) Zoning District:
Sec. 64-416 (c)(1) Part 1: To reduce the side building setback from
25 feet to 4 feet on the south property line to
allow the existing barn/storage building to
remain.
Concurrent Variances to Use Permit (Parts 2 through 8):
Sec. 64-1820 (1) Part 2: To allow retail or wholesale sales on the
property.
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
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Sec. 64-1820 (2) Part 3: To allow the proposed building to exceed
2,000 square feet and the total square footage
to exceed 5,000 square feet.
Sec. 64-1820 (3) Part 4: To permit the design of the proposed 2,400
square foot building not comply with the Rural
Milton Overlay District.
Sec. 64-1820 (4) Part 5: To delete the 75-foot use area, storage
areas, or structure setback adjacent to the north
and south property lines.
Sec. 64-1820 (5) Part 6: To allow a total of 14 employee parking
spaces on the site.
Sec. 64-1820 (7) Part 7: Hours of operation and vendor material
deliveries shall occur between the hours of 6:30
a.m. and 7:30 p.m., Monday through Friday.
Sec. 64-1820 (9) Part 8: To allow the landscape debris/soil
composting area to be located on the ground.
Concurrent Variances to Rural Milton Overlay District (Parts 9 through 15)
Sec. 64-1142 (a)(3) Part 9: To delete the requirement of the 50-foot
undisturbed buffer and 10-foot improvement
setback adjacent to the north and south
property lines.
Sec. 64-1142 (b)(2) Part 10: To delete the requirement for parking lots
to be screened from view of any public street by
a 15-foot-wide landscape strip planted to buffer
standards.
Sec. 64-1142 (b)(3) Part 11: To allow the dumpster not to have an
enclosure.
Sec. 64-1142 (g)(3) b. Part 12: To allow a 2,400 square foot new building
to be located 165 feet from the landscape strip.
Sec. 64-1142 (h)(2) a. Part 13: To allow none of the following materials
to be used on the new 2,400 square foot
building; clapboard siding, brick, and stone.
Sec. 64-1142 (h)(2) c. Part 14: To allow the exterior building walls to be
made of metal panel systems on the new 2,400
square foot building.
Sec. 64-1142 (h)(4) Part 15: To allow no windows on the new 2,400
square foot building.
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
Page 3 of 40 11/26/2019
STAFF RECOMMENDATION: U19-02 – APPROVAL CONDITIONAL
VC19-03, Parts 1 through 15 – APPROVAL
CONDITIONAL
PLANNING COMMISSION
RECOMMENDATION
NOVEMBER 20, 2019: U19-02 – APPROVAL CONDITIONAL
VC19-03, Parts 1 through 15 – APPROVAL
CONDITIONAL – Vote 6-0
Planning Commission asked Staff to check
with legal department regarding the
required parking for the retail use within the
Landscape Business.
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
Page 4 of 40 11/26/2019
LOCATION MAP
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
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EXISTING ZONING MAP
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
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2035 FUTURE LAND USE MAP
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
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SITE PLAN SUBMITTED – SEPTEMBER 27, 2019
Page is too large to OCR.
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Presentation on December 2, 2019)
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LANDSCAPE CONCEPT PLAN SUBMITTED NOVEMBER 13, 2019
SUBJECT SITE AND BACKGROUND:
The subject site is zoned AG-1 (Agricultural) and developed with an
existing landscape business that contains an 1,845 square foot office, 200
and 66 square foot out-buildings, and a 1,332 square foot barn/storage
building. The total site area is 3.5 acres within the Rural Milton Overlay
District and is designated as Agricultural, Equestrian, and Estate
Residential (AEE) in the City of Milton 2016 Comprehensive Plan Update.
The landscape business, Ashford Gardeners, has been operating since
2000 at this location, prior to the incorporation of Milton in December
2006. In the applicant’s letter of intent, it states that business specializes in
landscape maintenance and installation of both commercial and
residential properties. In addition, several areas of the property are used
to grow ornamental plants, trees, and groundcovers. The business
currently has 20 employees. Currently, there are three maintenance
vehicles and three installation vehicles as well as several smaller trucks.
It was recently discovered that the business had not obtained a Use
Permit for a Landscape Business from either Fulton County or the City of
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
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Milton. This use is not “grandfathered” and therefore, the need for this
request for a Use Permit for a Landscape Business.
Office of Ashford Gardeners from Birmingham Hwy
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
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Northern portion of site looking west
Public Involvement
Community Zoning Information Meeting
On October 29, 2019 the applicant and his representative were present at
the Community Zoning Information Meeting held at the Milton City Hall.
There were approximately five (5) members of the community who signed
the attendance sheet. The following issues were brought up at the
meeting:
• Concerned with the location of the new building and if it would
be seen from Birmingham Hwy.
• The members of the community believed it was going to be an
expansion of the existing use. The applicant clarified that it was
only for the existing operation with no expansion.
• The hours of operation started too early at 6:30 a.m. In the past
there were idling semi-trucks waiting across the street within the
deceleration lane of Breamridge Subdivision.
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• The property owner to the south voiced concerns about future
development of the business and the viability for future uses for
their property.
City of Milton Design Review Board Meeting Courtesy Review –
November 5, 2019
The following comments were made at the meeting:
• The Pole Barn solution for storage of commercial vehicles is a
great idea.
• We do not want to turn away current business owners.
Public Participation Report
The applicant submitted the required Public Participation Report on
November 13, 2019. The applicant’s Public Participation Meeting was held
on Monday, November 4, 2019 from 5:30 p.m. to 8:00 p.m. at the Ashford
Gardeners office at 16040 Birmingham Hwy. There was one neighbor in
attendance.
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community
Development Department on September 27, 2019, Staff offers the
following considerations:
AG-1 (Agricultural) Zoning District Standards
A landscape business is a permitted use within the AG-1 (Agricultural)
District if a Use Permit is issued for the subject site. The site plan is in
compliance with the AG-1 (Agricultural) district standards except where
an existing structure is located within the side minimum building setback
adjacent to the south property line. A concurrent variance is being
requested and discussed below.
Part 1: To reduce the side building setback from 25 feet to 4 feet on the
south property line to allow the existing barn/storage building to remain.
(Sec. 64-416 (c)(1))
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance
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According to the applicant, the barn/storage building has been in
existence for approximately 100 years. There is heavy vegetation
adjacent to the structure that provides protection from the adjacent
property. Therefore, the request does not offend the spirit or intent of this
zoning ordinance.
Front of old barn/storage building looking south
Side of old barn/storage building looking west
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
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(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.
Although, the barn/storage building was built prior to the existence of
zoning regulations, the subject site was once part of a larger tract of land
that was subdivided in Fulton County. The allowance of this
encroachment into the minimum 25-foot building setback should have
been requested at that time. Therefore, this is an extraordinary and
exceptional situation not caused by the applicant.
(3) Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
Since the barn/storage building is old and typical of Milton’s architectural
rural heritage and the location close to the property line has been
ameliorated by heavy vegetation, relief, if granted would not cause a
substantial detriment to the public good and surrounding properties.
(4) That the public safety, health and welfare are secured, and that
substantial justice is done.
The request to reduce the building setback ensures that the public safety,
health and welfare are secured, and that substantial justice is done.
Therefore, Staff recommends that Part 1 of VC19-03 be APPROVED
CONDITIONAL.
USE PERMIT CONSIDERATIONS
In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for
a use that requires a Use Permit. In exercising such discretion pertaining to
the subject use, the Mayor and City Council shall consider each of the
following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit
Considerations. Staff has reviewed said items pertaining to the subject
use, and, offers the following comments:
1. Whether the proposed use is consistent with the land use or
economic development plans adopted by the Mayor and City
Council:
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The existing landscape business is in the Agricultural, Equestrian, Estate
Residential (AEE) land use category on the City of Milton 2016
Comprehensive Plan Update Plan Map. A landscape business is an
allowed use if a Use Permit is approved by the Mayor and City Council.
Therefore, it is the opinion of Staff that the proposed use is consistent with
the current Comprehensive Land Use Plan.
2. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed:
Property to the north is a large equestrian farm (49 acres) zoned AG-1
(Agricultural). To the northeast are scattered single family and larger lots
zoned AG-1 (Agricultural). To the east is Breamridge Subdivision zoned
AG-1 (Agricultural) developed with single family residences. To the
southeast and southwest are scattered single family residences with
undeveloped AG-1 (Agricultural) properties. Further to the south is the
Birmingham Crossroads which consists of retail commercial and office
zoned C-1 (Community Business). The landscape business is compatible
with land uses and zoning districts in the vicinity.
3. Whether the proposed use may violate local, state and/or federal
statutes, ordinances or regulations governing land development:
The proposed use currently violates regulations governing land
development, but if the requested use permit and associated concurrent
variances are approved it would not violate local, state and/or federal
statutes, ordinances or regulations governing land development.
4. The effect of the proposed use on traffic flow, vehicular and
pedestrian, along adjoining streets:
There will be minimal effect by the landscape business on traffic flow,
vehicular and pedestrian, along Birmingham Hwy (SR 372).
5. The location and number of off-street parking spaces;
The Use Permit requires that there be no more than six (6) employee
spaces for the landscape business. The applicant has shown 14 parking
spaces on the site and has requested a concurrent variance to allow the
additional parking. Staff is recommending approval of this concurrent
variance. A maximum of two commercial vehicles are permitted to be
parked on the site not within a building. The applicant is proposing to
construct a 2,400 square foot building to park the additional work
vehicles.
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6. The amount and location of open space:
The site contains 3.5 acres and there is a stream and wetland located on
the western portion of the property. Approximately one-third of the site is
undeveloped.
7. Protective screening:
The Rural Milton Overlay requires a 50-foot undisturbed buffer and 10-foot
improvement setback adjacent to all interior property lines. The applicant
has requested a concurrent variance, Part 9 of VC19-03 to delete this
requirement along the north and south property lines. The City Arborist in
the memo at the end of this report has stated that based on the fact that
these buffers are already impacted on the eastern portion of the site,
request to delete the 50-foot undisturbed buffer and 10-foot improvement
setback is supported. In addition, there is a large portion of the site,
primarily to the west that is currently undisturbed. A condition will be
included in the Recommended Conditions to require the existing
vegetation to remain. Staff has recommended to approve the request as
depicted on the submitted site plan.
8. Hours and manner of operation:
The proposed hours of operation (including deliveries) are proposed as
follows:
• 6:30 a.m. to 7:30 p.m. Monday through Friday
• 9:00 a.m. to 6:00 p.m. on Saturdays
The applicant requested a concurrent variance in order to operate one
hour earlier, Monday through Friday then permitted by the Use Permit.
Staff has recommended to approve the request outlined above.
9. Outdoor lighting:
The applicant has not indicated any additional lighting on the site. If
lighting is proposed, it must comply with the Night Sky Ordinance.
10. Ingress and egress to the property.
There are two entrances on the property. One is used primarily by the
office staff and workers to park in the rear which is located on the
southern portion of the frontage. There is an entrance with a gate on the
northern side of the frontage which is primarily utilized by trucks going in
and out of the site. Staff notes that any improvements within the right-of-
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way will be required by and permitted through Georgia Department of
Transportation. Any proposed fencing is to be located outside of the line
of sight for driveways.
Landscape Business Use Permit Standards
Below is a table that shows the development standards and which ones
that do not meet the standards in the second column. The applicant is
requesting seven (7) concurrent variances as they relate to the
development standards of the Landscape Business Use Permit. These will
be evaluated below.
Landscape Business (Section 64-1820)
Required Standard Meets the
Standard
Required districts – AG-1 (Agricultural) Yes
Standards.
(1) No retail or wholesale sales shall occur on the property except for
sales at roadside produce stands.
No
(2) No individual building, used for the business operation, shall
exceed 2,000 square feet, and the total square footage of all such
buildings shall not exceed 5,000 square feet. The size of each
building and the total size of all buildings may be reduced based
on the compatibility with surrounding uses.
No
(3) The design of any proposed building(s) shall comply with the
appropriate overlay district.
No
(4) All use areas, storage areas, dumpsters, or structures other than
parking and pedestrian walkways shall be located at least 75 feet
from any adjoining residential district or AG-1 (agricultural) district.
No
(5) A maximum of six employee vehicles may be parked on the
property at any time. Parking spaces shall be designed and placed
in a manner that minimizes the impact or detraction from
neighboring properties. Personal vehicles shall only be parked in
approved designated locations.
No
(6) A maximum of two commercial vehicles used for the landscape
business shall be screened such that they cannot be viewed from
adjacent properties or the public right -of-way and shall be parked
on specifically identified portions of the property. Additional
commercial vehicles and equipment must be parked and/or stored
inside a building. This excludes commercial vehicles delivering
materials or equipment to the business which may park temporarily
on the property not to exceed 90 minutes.
Yes
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(7) Hours of operation and vendor material deliveries shall occur
between the hours of 7:30 a.m. and 7:30 p.m., Monday [through]
Friday and 9:00 a.m. to 6:00 p.m. on Saturdays.
No
(8) Storage of landscape materials on the property may be permitted
in limited quantities provided the materials are specifically identified
on the site plan and confined. Such plan shall show the location and
means of confinement of any material to be stored. Material may
include bark mulch, topsoil, sand-based material, stone, brick,
concrete block, peat moss, plants and timbers. Limited quantities of
fertilizer and/or insecticide may also be stored, provided they are in
the manufacturer's original sealed containers and placed inside of
a building and in compliance with local, state and federal
regulations.
Yes
(9) All landscape debris and refuse shall be contained in appropriate
sized containers and no debris or refuse shall be stored on the
ground.
No
(10) The on-site bulk storage of gasoline, diesel fuel, other petroleum
products, fertilizers, insecticides or any other environmentally
sensitive material is prohibited.
Yes
(11) The proposed use shall not create noise, odors or produce light
spillage that is considered a nuisance under Georgia law.
Yes
(12) Access shall only be allowed from minor arterial or collector
streets as depicted in the City of Milton Transportation Plan Inventory
of Existing Conditions Report Map 5, dated April 2009.
Yes
Part 2: To allow retail or wholesale sales on the property. (Sec. 64-1820 (1))
The applicant states that since Ashford Gardeners produces many of the
plants that are installed, occasionally clients want additional plants and
they request to sell those legally.
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance
Within AG-1 (Agricultural), a nursery is a use allowed by “right” which
permits selling of plants raised on the same property. This additional sale of
plants at the landscape business would not offend the spirit or intent of this
zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict
application of this zoning ordinance would create an unnecessary
hardship due to size, shape or topography or other extraordinary and
exceptional situations or conditions not caused by the variance
applicant.
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The Use Permit for the landscape business was updated in 2014 which
added this requirement. Therefore, it has caused an exceptional situation
not caused by the applicant.
(3) Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
Since the selling of plants is an approved use in AG-1 (Agricultural)
associated with a nursery, the request would not cause a substantial
detriment to the public good and surrounding properties. Staff will include
a condition of zoning limiting the sales to only plants, shrubs and trees.
(4) That the public safety, health and welfare are secured, and that
substantial justice is done.
The current business on the site provides adequate parking for possible
retail shoppers and therefore the public safety, health and welfare are
secured, and substantial justice is done. Therefore, Staff recommends
APPROVAL CONDITIONAL of Part 2 of VC19-03.
Part 3: To allow the proposed building to exceed 2,000 square feet and
the total square footage to exceed 5,000 square feet. (Sec. 64-1820 (2))
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance
The proposed building is 2,400 square feet to accommodate commercial
vehicles since the use permit also restricts the number of commercial
vehicles to two to be parked outside. Therefore, the need for the
increased size in the proposed building and total square footage for the
site would not offend the spirit or intent of this zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict
application of this zoning ordinance would create an unnecessary
hardship due to size, shape or topography or other extraordinary and
exceptional situations or conditions not caused by the variance
applicant.
Based on the fact that the business exists, and the number of commercial
vehicles is more then what is permitted to be parking uncovered, the
applicant is providing a building to accommodate all the existing
commercial vehicles. This situation is an exceptional one and therefore,
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the proposed building which exceeds 2,000 square feet should be
approved.
(3) Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
The location of the proposed 2,400 square foot building will be behind the
office and will be slightly lower in elevation behind the office. In addition,
it will provide the shelter of commercial vehicles on the site and therefore
reduce any negative appearance on the site. By constructing this
additional square footage, it 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.
The additional 2,400 square feet will ensure that the public safety, health
and welfare are secured, and that substantial justice is done. Therefore,
Staff recommends APPROVAL CONDITIONAL of Part 3 of VC19-03.
Approximate location of proposed building
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Part 4: To permit the design of the proposed 2,400 square foot building not
comply with the Rural Milton Overlay District. (Sec. 64-1820 (3))
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance
The applicant is proposing to construct the 2,400 square foot building as a
traditional pole barn like many structures built in Milton’s rural past. The
one side will be standing seam metal with a burnt red color like the Buice
Store, now currently the 7AcreBar-n-Grill. In addition, the roof will have a
standing seam metal roof that is common construction in Milton.
Additional concurrent variances will be discussed under the Rural Milton
Overlay District portion of this report. The design of the building would not
offend the spirit or intent of this zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict
application of this zoning ordinance would create an unnecessary
hardship due to size, shape or topography or other extraordinary and
exceptional situations or conditions not caused by the variance
applicant.
Since the Use Permit allows a maximum of two commercial vehicles
parked outside a building, it is necessary to construct a new building. The
new building will be consistent with nearby rural type buildings found on
working farms. In addition, the design requirements within the Rural Milton
Overlay requires brick, stone, and or siding as well as windows. The
proposed design of the building is also consistent with other existing
structures in the area. Therefore, this extraordinary and exceptional
situation to require these types of materials to be incorporated into a new
building was not caused by the applicant.
(3) Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
Based on the proposed design of the new building which is like other
buildings in the area, permitting the proposed design would not cause a
substantial detriment to the public good and surrounding properties.
(4) That the public safety, health and welfare are secured, and that
substantial justice is done.
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By approving this request, the public safety, health and welfare are
secured, and substantial justice is done. Therefore, Staff recommends
APPROVAL CONDITIONAL of Part 4 of VC19-03.
Part 5: To delete the 75-foot use area, storage areas, or structure setback
adjacent to the north and south property lines. (Sec. 64-1820 (4))
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance
The applicant is requesting this concurrent variance since if the 75-foot
setback is followed, approximately 75 percent of the property could not
be utilized for the landscape business. The proposed building will not
encroach into this setback. The existing structures and use areas already
exist and have not had any negative impact on adjacent properties.
Therefore, if granted, the elimination of the 75-foot setback would not
offend the spirit or intent of this zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict
application of this zoning ordinance would create an unnecessary
hardship due to size, shape or topography or other extraordinary and
exceptional situations or conditions not caused by the variance
applicant.
The required 75-foot setback will create an unnecessary hardship based
on the size and shape of the 3.5-acre site and leave the site
undevelopable for the landscape business.
(3) Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
Based on the existing locations of parking areas, use areas and small
buildings, relief from the 75-foot setback would not cause a substantial
detriment to the public good and surrounding properties.
(4) That the public safety, health and welfare are secured, and that
substantial justice is done.
By approving this request, the public safety, health and welfare are
secured, and that substantial justice is done. Therefore, Staff recommends
APPROVAL CONDITIONAL of Part 5 of VC19-03.
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Part 6: To allow a total of 14 employee parking spaces on the site. (Sec.
64-1820 (5))
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance
The Use Permit requires no more than six (6) employee parking spaces on
the site. The applicant has stated that employees car pool to the business
and there is a need for the existing 14 parking spaces. There will be no
more additional employee parking spaces. Except for the two parking
spaces in front of the office, of which one is under the car-port, the
location of parking is not seen from Birmingham Hwy. Once the applicant
plants additional landscaping along Birmingham Hwy, it will also
ameliorate the location of the parking spaces seen from Birmingham Hwy.
In addition, there is no impact on adjacent properties. Therefore, if
granted the additional parking spaces would not offend the spirit or intent
of this zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict
application of this zoning ordinance would create an unnecessary
hardship due to size, shape or topography or other extraordinary and
exceptional situations or conditions not caused by the variance
applicant.
Based on the fact that the parking spaces already exist and the
employees car pool to the office, it is an extraordinary and exceptional
situation not caused by the applicant to be limited to six (6) employee
parking spaces.
(3) Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
The existing location of parking as well as the additional proposed
landscaping along Birmingham Hwy, would not cause a substantial
detriment to the public good and surrounding properties.
(4) That the public safety, health and welfare are secured, and that
substantial justice is done.
By approving this request, the public safety, health and welfare are
secured, and that substantial justice is done. Therefore, Staff recommends
APPROVAL CONDITIONAL of Part 6 of VC19-03.
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View from Birmingham Hwy of existing parking area
View of office and car port area
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Part 7: Hours of operation and vendor material deliveries shall occur
between the hours of 6:30 a.m. and 7:30 p.m., Monday through Friday.
(Sec. 64-1820 (7))
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance
The Use Permit requires that hours of operation, including deliveries are
between 7:30 a.m. and 7:30 p.m., Monday through Friday. The applicant
has stated that due to peak traffic congestion in the morning and
afternoon, employees arrive before and leave after the heaviest
congestion. If granted, the additional hour in the morning would not
offend the spirit or intent of this zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict
application of this zoning ordinance would create an unnecessary
hardship due to size, shape or topography or other extraordinary and
exceptional situations or conditions not caused by the variance
applicant.
The purpose of requesting the earlier opening to 6:30 a.m. is to allow the
landscape workers to arrive in a timely manner to start the work day. The
amount of traffic is not a condition caused by the applicant.
(3) Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
The earlier opening of the business to 6:30 a.m. 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.
By approving this request, the public safety, health and welfare are
secured, and that substantial justice is done. Therefore, Staff recommends
APPROVAL CONDITIONAL of Part 7 of VC19-03.
Part 8: To allow the landscape debris/soil composting area to be located
on the ground. (Sec. 64-1820(9))
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance
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The use permit states that all landscape debris and refuse shall be
contained in appropriately sized containers and no debris or refuse shall
be stored on the ground. The composting area is located behind the
privacy fence which bi-sects the property where it can’t be seen from the
street and is located on the ground which allows for ease of use of the
machinery and does not add impervious surfaces to the operation. Only
organic materials are used in the mixture. The applicant utilizes horse
manure from the farm to the north. There is a gate to allow easy access
from the farm to the composting area. Because this operation is closely
monitored regarding size of the composting area and works with the
neighbor to the north, allowing composting outside of a container would
not offend the spirit or intent of this zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict
application of this zoning ordinance would create an unnecessary
hardship due to size, shape or topography or other extraordinary and
exceptional situations or conditions not caused by the variance
applicant.
The practice between the applicant and the farm to the north to dispose
of both their manure and yard debris from the business is creative and
incorporates good environmental practices. Therefore, this is an
exceptional situation where a container can’t be used and is not caused
by the variance applicant.
(3) Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
The allowance of the composting on the ground within the area depicted
on the site plan would not cause a substantial detriment to the public
good and surrounding properties.
(4) That the public safety, health and welfare are secured, and that
substantial justice is done.
By approving this request, the public safety, health and welfare are
secured, and that substantial justice is done. Therefore, Staff recommends
APPROVAL CONDITIONAL of Part 8 of VC19-03.
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Location of composting area to the left and behind the privacy fence
Rural Milton Overlay District
The proposed site plan meets the requirements of the Rural Milton Overlay
District as required pursuant to Sec. 64-1142 except for seven
development standards. The applicant is requesting seven (7) concurrent
variances which will be discussed below.
Part 9: To delete the requirement of the 50-foot undisturbed buffer and 10-
foot improvement setback adjacent to the north and south property lines.
(Sec. 64-1142 (a)(3))
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance
The business has existed for almost 20 years and one of the existing
buildings is over 100 years old. The proposed new 2,400 square foot
building is outside of where a buffer would be required. There are privacy
fences or vegetation between the south property line and existing
structures and parking spaces. Along the north property line, there is
vegetation separating the existing mulch bin and small 200 square foot
building and the farm. Based on these conditions, the deletion of the 50-
foot undisturbed buffer and 10-foot improvement setback as shown on
the site plan would not offend the spirit or intent of this zoning ordinance.
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(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.
Based on the size and shape of the subject site, the requirement to
provide a 50-foot undisturbed buffer and 10-foot improvement setback
would create an unnecessary hardship and render the site
undevelopable for a landscape business.
(3) Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
If approved with the submitted site plan, the deletion of the buffer and
improvement setback along the north and south property lines would not
cause a substantial detriment to the public good and surrounding
properties.
(4) That the public safety, health and welfare are secured, and that
substantial justice is done.
By approving this request, the public safety, health and welfare are
secured, and that substantial justice is done. Therefore, Staff recommends
APPROVAL CONDITIONAL of Part 9 of VC19-03.
Part 10: To delete the requirement for parking lots to be screened from
view of any public street by a 15-foot-wide landscape strip planted to
buffer standards. (Sec. 64-1142 (b)(2))
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance
The existing parking spaces are on gravel with existing trees, bushes, and a
privacy fence that provides screening. There are two parking spaces
adjacent to the office that are not screened from Birmingham Hwy. The
applicant is proposing a landscape plan with a 4-board equestrian style
fence along Birmingham Hwy. Due to the minimum site distance
requirements for the two entrances, the required 15-foot-wide landscape
strip planted to buffer standards can’t be planted. Based on the existing
screening of parking spaces and the proposed landscape plan, relief
from the requirement would not offend the spirit or intent of this zoning
ordinance.
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(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.
Based on the required sight distance for both driveways and the existing
parking that minimally impacts the view from Birmingham Hwy and
adjacent property lines, these site conditions were not caused by the
variance applicant.
(3) Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
If approved with the recommended conditions, the approval of this
variance that includes a landscape plan along Birmingham Hwy as well
as the existing screening of the existing parking would not cause a
substantial detriment to the public good and surrounding properties.
(4) That the public safety, health and welfare are secured, and that
substantial justice is done.
By approving this request, the public safety, health and welfare are
secured, and that substantial justice is done. Therefore, Staff recommends
APPROVAL CONDITIONAL of Part 10 of VC19-03.
Part 11: To allow the dumpster not to have an enclosure. (Sec. 64-1142
(b)(3))
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance
The purpose of the requirement to provide a dumpster enclosure is to
shield it from the remainder of the site. The applicant states that there is an
existing 30-yard dumpster placed behind the existing privacy fence and
screened from view. The size of the dumpster and the maneuvering of the
delivery truck make it impractical to provide an enclosure for the
dumpster. Based on the location of the dumpster, it will not be seen from
Birmingham Hwy. Relief, if granted, would not offend the spirit or intent of
this zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict
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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.
Based on the impracticality to provide a dumpster enclosure for such a
large dumpster, this is an extraordinary and exceptional situation not
caused by the variance applicant.
(3) Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
The location of the dumpster behind the privacy fence and the lower
elevation from the front of the site provides screening. Therefore, relief, if
granted would not cause a substantial detriment to the public good and
surrounding properties.
(4) That the public safety, health and welfare are secured, and that
substantial justice is done.
By approving this request, the public safety, health and welfare are
secured, and that substantial justice is done. Therefore, Staff recommends
APPROVAL CONDITIONAL of Part 11 of VC19-03.
Exhibit – 30-yard dumpster
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
Page 30 of 40 11/26/2019
Part 12: To allow a 2,400 square foot new building to be located 165 feet
from the landscape strip. (Sec. 64-1142 (g)(3) b.)
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance
The Rural Milton Overlay requires for all property and lots located
adjacent to public rights-of-way and more than 400 feet from an
intersection, buildings except for accessory structures shall be set back no
more than 30 feet from the edge of the required landscape strip or
easements. The proposed 2,400 square foot building does not meet the
zoning ordinance’s definition of accessory structure; therefore, this
variance is required to construct the building behind the existing office.
Based on the use of the building and design similar to a pole barn with the
ability to pull vehicles and equipment in and out of the building, it would
not be appropriate to place it near Birmingham Hwy. Therefore, relief, if
granted, would not offend the spirit or intent of this zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict
application of this zoning ordinance would create an unnecessary
hardship due to size, shape or topography or other extraordinary and
exceptional situations or conditions not caused by the variance
applicant.
Since this new building is not an accessory structure, the required location
per the ordinance would not be an appropriate place in the front of the
property near Birmingham Hwy. Therefore, this is an extraordinary and
exceptional situation not caused by the variance applicant.
(3) Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
The placement of the new building behind the existing office and the fact
that the elevation goes slightly down from the front of the site, relief if
granted would not cause a substantial detriment to the public good and
surrounding properties.
(4) That the public safety, health and welfare are secured, and that
substantial justice is done.
By approving this request, the public safety, health and welfare are
secured, and that substantial justice is done. Therefore, Staff recommends
APPROVAL CONDITIONAL of Part 12 of VC19-03.
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
Page 31 of 40 11/26/2019
Part 13: To allow none of the following materials to be used on the new
2,400 square foot building: clapboard siding, brick, and stone. (Sec. 64-
1142 (h)(2)a.)
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance
The new 2,400 square foot building is intended to allow parking of the
landscape vehicles under cover to avoid another variance. The structure
will be hidden from view by the existing privacy fence and landscaping.
The open sided pole barn design does not allow for incorporation of the
required building materials. The applicant’s intent is to mimic the look of
hay and tractor barns that were once prevalent in Milton. Based on the
applicant’s intended use and design, relief, if granted would not offend
the spirit or intent of this zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict
application of this zoning ordinance would create an unnecessary
hardship due to size, shape or topography or other extraordinary and
exceptional situations or conditions not caused by the variance
applicant.
It would be impractical to build the type of building (pole barn) proposed
with clapboard siding, brick and stone. Thus, this is an extraordinary and
exceptional situation not caused by the variance applicant.
(3) Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
Based on the size, design and location of the proposed building, relief, if
granted would not cause a substantial detriment to the public good and
surrounding properties.
(4) That the public safety, health and welfare are secured, and that
substantial justice is done.
By approving this request, the public safety, health and welfare are
secured, and that substantial justice is done. Therefore, Staff recommends
APPROVAL CONDITIONAL of Part 13 of VC19-03.
Part 14: To allow the exterior building walls to be made of metal panel
systems on the new 2,400 square foot building. (Sec. 64-1142 (h)(2) c.)
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
Page 32 of 40 11/26/2019
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance
The requirement for materials prohibits metal panel systems on buildings.
There will be only one side of the structure enclosed. This side will not have
the standards framing allowing for other types of materials. The applicant
is proposing it to be a rural red color for the metal siding which was a
standard building material in Milton. The building will be screened from
Birmingham Hwy. Therefore, relief, if granted, would not offend the spirit or
intent of this zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict
application of this zoning ordinance would create an unnecessary
hardship due to size, shape or topography or other extraordinary and
exceptional situations or conditions not caused by the variance
applicant.
It would be impractical to build the type of building (pole barn) proposed
without the proposed metal panel system. Thus, this is an extraordinary
and exceptional situation not caused by the variance applicant.
(3) Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
Based on the size, design and location of the proposed building, relief, if
granted would not cause a substantial detriment to the public good and
surrounding properties.
(4) That the public safety, health and welfare are secured, and that
substantial justice is done.
By approving this request, the public safety, health and welfare are
secured, and that substantial justice is done. Therefore, Staff recommends
APPROVAL CONDITIONAL of Part 14 of VC19-03.
Part 15: To allow no windows on the new 2,400 square foot building. (Sec.
64-1142 (h)(4))
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance
The proposed building only has one side. The framing is not consistent with
window placement. There is no functional purpose to place windows in
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
Page 33 of 40 11/26/2019
the only wall. This type of building (pole barn) was a typical structure both
in the past and present associated with agricultural type uses. Therefore,
relief, if granted, would not offend the spirit or intent of this zoning
ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict
application of this zoning ordinance would create an unnecessary
hardship due to size, shape or topography or other extraordinary and
exceptional situations or conditions not caused by the variance
applicant.
It would be impractical to build the type of building (pole barn) proposed
with windows incorporated in the structure. Therefore, this is an
extraordinary and exceptional situation not caused by the variance
applicant.
(3) Relief, if granted would not cause a substantial detriment to the public
good and surrounding properties.
Based on the size, design and location of the proposed building, relief, if
granted would not cause a substantial detriment to the public good and
surrounding properties.
(4) That the public safety, health and welfare are secured, and that
substantial justice is done.
By approving this request, the public safety, health and welfare are
secured, and that substantial justice is done. Therefore, Staff recommends
APPROVAL CONDITIONAL of Part 15 of VC19-03.
Environmental Site Analysis
The Environmental Site Analysis (ESA) report was completed as required by
the Zoning Ordinance. The site plan indicates there are wetlands,
floodplain, and a stream located on the property. There are not presently
or in the future any buildings or activity within these sensitive areas. There
are no steep slopes, archeological/historical sites, endangered
vegetation or wildlife on the site. The applicant has submitted the
appropriate tree survey and shall comply with the City of Milton Tree
Ordinance.
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
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CONCLUSION
If approved with the Recommended Conditions, the requested
landscape business is consistent with the City of Milton Comprehensive
Land Use Plan Update 2016. Therefore, Staff recommends U19-02 be
APPROVED CONDITIONAL. Additionally, Staff recommends VC19-03, Parts
1 through 15 be APPROVED CONDITIONAL.
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
Page 35 of 40 11/26/2019
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
Page 36 of 40 11/26/2019
EXHIBIT “B”
CONDITIONS OF APPROVAL
This petition is approved by the Mayor and City Council for a Use Permit
for a Landscape Business (Sec. 64-1820) subject to the owner’s agreement
to the following enumerated conditions.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) An existing 1,845 square foot office, existing 1,332 square foot
barn/structure, and 266 square foot of accessory structures, and
a 2,400 square foot pole barn.
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 September 27, 2019,
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 prior to
the approval of a Land Disturbance Permit. 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 abide by the following requirements,
dedication and improvements:
a) Access to the site shall be subject to the approval of City of
Milton Department of Public Works and Georgia Department of
Transportation, prior to the issuance of a Land Disturbance
Permit, Subdivision Plat or Certificate of Occupancy (whichever
comes first). Entrance(s) and frontage improvements shall
conform to Chapter 48 Streets, Sidewalks and Other Public
Places of the City of Milton Code of Ordinances.
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
Page 37 of 40 11/26/2019
5) To the owner’s agreement to abide by the following:
b) A stormwater management concept plan shall be submitted
and approved by Milton Public Works Department prior to
submission of land disturbance application if required.
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
Page 38 of 40 11/26/2019
SITE PLAN SUBMITTED – SEPTEMBER 27, 2019
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
Page 39 of 40 11/26/2019
Exhibit “C”
APPROVED 15-PART CONCURRENT VARIANCE (VC19-03)
1) Sec. 64-416 (c)(1) - To reduce the side building setback from 25 feet to
4 feet on the south property line to allow the existing barn/storage
building to remain. (VC19-03, Part 1)
2) Sec. 64-1820 (1) - To allow retail or wholesale sales on the property
limited to only the sale of plants, shrubs, and trees. (VC19-03 Part 2)
3) Sec. 64-1820 (2) - To allow the proposed building to exceed 2,000
square feet and the total square footage to exceed 5,000 square feet.
(VC19-03, Part 3)
4) Sec. 64-1820 (3) - To allow the design of the proposed 2,400 square foot
building not comply with the Rural Milton Overlay District. (VC19-03,
Part 4)
5) Sec. 64-1820 (4) - To delete the 75-foot use area, storage areas, or
structure setback adjacent to the north and south property lines as
shown on the site plan submitted on September 27, 2019. (VC19-03,
Part 5)
6) Sec. 64-1820 (5) - To allow a total of 14 employee parking spaces on
the site. (Part 6)
7) Sec. 64-1820 (7) – To allow Days and Hours of operation including
deliveries: Monday through Friday – 6:30 a.m. to 7:30 p.m. (VC19-03,
Part 7)
8) Sec. 64-1820 (9) - To allow the landscape debris/soil composting area
to be located on the ground. (VC19-03, Part 8)
9) Sec. 64-1142 (a)(3) - To delete the requirement of the 50-foot
undisturbed buffer and 10-foot improvement setback adjacent to the
north and south property lines as shown on the site plan submitted on
September 27, 2019. (VC19-03, Part 9)
10) Sec. 64-1142 (b)(2) - To delete the requirement for parking lots to be
screened from view of any public street by a 15-foot-wide landscape
strip planted to buffer standards and replace with the concept
landscape plan to include a four-board equestrian fence as submitted
U19-02/VC19-03 - Prepared for the City of Milton Mayor and City Council Meeting on December 16, 2019 (First
Presentation on December 2, 2019)
Page 40 of 40 11/26/2019
on November 13, 2019 or as approved by the City Arborist. (VC19-03,
Part 10)
11) Sec. 64-1142 (b)(3) - To allow the dumpster not to have an enclosure.
(VC19-03, Part 11)
12) Sec. 64-1142 (g)(3) b.- To allow a 2,400 square foot new building to be
located 165 feet from the landscape strip along Birmingham Hwy.
(VC19-03, Part 12)
13) Sec. 64-1142 (h)(2) a. - To allow none of the following materials to be
used on the new 2,400 square foot building: clapboard siding, brick,
and stone. (VC19-03, Part 13)
14) Sec. 64-1142 (h)(2) c. - To allow the exterior building walls to be made
of metal panel systems on the new 2,400 square foot building. (VC19-
03, Part 14)
15) Sec. 64-1142 (h)(4) - To allow no windows on the new 2,400 square foot
building. (VC19-03, Part 15)
LANDSCAPE CONCEPT PLAN SUBMITTED NOVEMBER 13, 2019
To: Robyn MacDonald, Zoning Manager
From: Sandra DeWitt, City Arborist
Date: November 13, 2019
Zoning Item: U19-02/VC19-03 – 16040 Birmingham Hwy
Departmental Comments/Recommendation:
The request to delete the 50’ undisturbed buffer along the northern and southern
property lines is supported by the fact that these buffers are currently disturbed on the
eastern side of the property.
The request to delete the 15’ landscape strip to block parking lot views along the road
frontage is supported by the sight distance needed for the existing driveways and the
presence of overhead utilities. As City Arborist, I have had a discussion regarding
landscaping in the front with the Landscape Architect for this project. The current
landscape concept plan reflects our discussion.
Attachment(s):
To: Robyn MacDonald, Zoning Manager
From: Sara Leaders, PE, Transportation Engineer
Date: November 8, 2019
Zoning Item: U19-02 VC19-03 - 16040 Birmingham Hwy
Departmental Comments/Recommendation:
Access to the site and frontage improvements shall be subject to the approval of City
of Milton Department of Public Works and Georgia Department of Transportation, prior
to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of
Occupancy (whichever comes first). Entrance(s) and frontage improvements shall
conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton
Code of Ordinances.
Site is located on a state route and any improvements within the right of way will be
required by and permitted through Georgia Department of Transportation.
Fencing is to be located outside of line of sight for driveway(s).
Attachment(s):
None
To: Robyn MacDonald, Zoning Manager
From: Michele McIntosh-Ross, Principal Planner
Date: 11-07-2019
Zoning Item: U19-02/VC19-03 – 16040 Birmingham Hwy
Departmental Comments/Recommendation:
The Comprehensive Plan does not impose limitations on Use Permit applications or
approvals for Use Permit applications for uses that are allowable per the zoning code.
This use and Use Permit application is consistent with the City’s Comprehensive Plan
policies.
Attachment(s):
ESTABLISHED 2006
To: Robyn MacDonald, Zoning Manager
From: Jerry Oberholtzer, Development Engineer
Date: October 15, 2019
Zoning Item: U 19-02/VC 19-03 - 16040 Birmingham Highway
Departmental Comments/Recommendation:
If the area of all the new impervious surface created by the construction of the new building, gravel
areas and miscellaneous structures exceed 5,000 square feet a land disturbance permit will be required
for the project.
Attachment(s):
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
0000
To:
From:
Date:
Zoning Item:
Robyn MacDonald, Zoning Manager Alex
Fortner, Fire Marshal
10/31/2019
U19-02/VC19-03 – 16040 Birmingham Hwy
Departmental Comments/Recommendation:
-If the request to allow retail or wholesale transactions on the property is granted,
one of the available parking spaces shall be ADA compliant. If the request is
denied, ADA parking compliance is not required (although encouraged), and
the property will be considered previous non-conforming.
-If the proposed 2,400 sq. ft. pole barn is utilized for anything other than storage or
is ever enclosed, minimum fire safety standards will be required – to possibly
include sprinkler and alarm.
-The existing 1,845 sq. ft. building will be subject to annual fire inspections and pre-
incident planning by Milton Fire-Rescue beginning January 2020.
Attachment(s):
-N/A
BASF
GAR DEN FERS
W y.
October 29, 2019
Re: Special Use Permit for Existing Landscape Business
To: Hernandez Enterprises LLC.
Bello, I wanted to reach out to you to discuss our situation with the City of Milton. You
own the parcel of property adjacent to us off of Birmingham H
WY. We are the City of Milton to acquire a special use permit for our property to become req
by
compliance with the new cities laws and regulations. See below about Ed and I as well as
our business.
Ba_ ckaro
Edward and George Whittle purchased the 3.5 acre property in 2000. We have been
operating Ashford Gardeners, Inc since 1999 when we obtained a business license for a
landscaping business from Fulton County. We renewed our business license annually
with Fulton County until the formation of the City of Milton. We then obtained a
business license from the City and have continually maintained this license with the City.
Currently we operate our landscape business with our 20 employees as we have for the
past 20 years. On the property there is a main building (office), bam (storage), and 2 out
buildings (storage) for a total of 3300 square feet. Several areas of the property are used
to grow ornamental plants, trees, and groundcovers. We specialize in landscape
maintenance and installation of both commercial and residential properties. Currently,
we have three maintenance vehicles and three installation vehicles as well as several
smaller trucks.
We recently were made aware, that although we have been operatingour business in e
th
same location for 20 years with an active business license, that a use permit (Sec. 64-
1820 landscape business) is required to continue our operation in order to become
compliant with the new City of Milton's rules and regulations.
There is a community meeting at City Hall on October 29th @ 7pm for review. Also,
there is an open house on November 4th at 16040 Birmingham Hwy, Milton Ga. 30004
from 5:30-7:30pm for local residents to ask any questions.
It would be greatly appreciated by us if you would sign this letter acknowledging
approval of the use permit. If you have any questions, please let us know.
Si merely,
Edward Whittle
678 898 8123
info@ash fordgardeners. co m
d
George Whiffle
678 898 8121
16040 Birmingham Hwy, Milton, GA 30004 770-664-1060
ORDINANCE NO._______
PETITION NO. U19-02/VC19-03
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO APPROVE A USE PERMIT FOR A LANDSCAPE BUSINESS (SEC. 64-
1820) ON 3.5 ACRES LOCATED AT 16040 BIRMINGHAM HWY (SR 372) AND A 15-PART
CONCURRENT VARIANCE
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on December 16, 2019 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so
that the property located at 16040 Birmingham Hwy (SR 372) consisting of a total of
approximately 3.5 acres, as described in the legal description attached hereto as
Exhibit “A”, be approved for a Use Permit for a Landscape Business subject to the
Conditions of Approval described in Exhibit “B”; and
SECTION 2. That the Landscape Business Use Permit approved hereby is
subject to the provisions of Sec. 64-1820, of the Zoning Ordinance of the City of
Milton; and
SECTION 3. That the 15-Part Concurrent Variance (VC19-03) be approved as
described in Exhibit “C”; and
SECTION 4. That the property shall be developed in compliance with the
Conditions of Approval as described as attached; provided that no uses or
conditions hereby approved (including any site plan) shall authorize the violation of
any district regulations other than as authorized by the 15-Part Concurrent Variance
as described in Exhibit “C” approved hereby; and
SECTION 5. That all ordinances or parts of ordinances otherwise in conflict
with the terms of this Ordinance are hereby repealed; and
SECTION 6. This Ordinance shall become effective upon adoption by the
Mayor and City Council and the signature of approval of the Mayor.
ORDAINED this 16th day of December, 2019.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie Gordon, City Clerk
(Seal)
EXHIBIT “B”
CONDITIONS OF APPROVAL
This petition is approved by the Mayor and City Council for a Use Permit for a
Landscape Business (Sec. 64-1820) subject to the owner’s agreement to the
following enumerated conditions.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) An existing 1,845 square foot office, existing 1,332 square foot
barn/structure, and 266 square foot of accessory structures, and a 2,400
square foot pole barn.
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 September 27, 2019, 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 prior to the approval of a
Land Disturbance Permit. 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 abide by the following requirements,
dedication and improvements:
a) Access to the site shall be subject to the approval of City of
Milton Department of Public Works and Georgia Department of
Transportation, prior to the issuance of a Land Disturbance Permit,
Subdivision Plat or Certificate of Occupancy (whichever comes first).
Entrance(s) and frontage improvements shall conform to Chapter 48
Streets, Sidewalks and Other Public Places of the City of Milton Code of
Ordinances.
5) To the owner’s agreement to abide by the following:
a) A stormwater management concept plan shall be submitted and
approved by Milton Public Works Department prior to submission of land
disturbance application if required.
SITE PLAN SUBMITTED – SEPTEMBER 27, 2019
Exhibit “C”
APPROVED 15-PART CONCURRENT VARIANCE (VC19-03)
1) Sec. 64-416 (c)(1) - To reduce the side building setback from 25 feet to 4 feet on
the south property line to allow the existing barn/storage building to remain.
(VC19-03, Part 1)
2) Sec. 64-1820 (1) - To allow retail or wholesale sales on the property limited to only
the sale of plants, shrubs, and trees. (VC19-03 Part 2)
3) Sec. 64-1820 (2) - To allow the proposed building to exceed 2,000 square feet and
the total square footage to exceed 5,000 square feet. (VC19-03, Part 3)
4) Sec. 64-1820 (3) - To allow the design of the proposed 2,400 square foot building
not comply with the Rural Milton Overlay District. (VC19-03, Part 4)
5) Sec. 64-1820 (4) - To delete the 75-foot use area, storage areas, or structure
setback adjacent to the north and south property lines as shown on the site plan
submitted on September 27, 2019. (VC19-03, Part 5)
6) Sec. 64-1820 (5) - To allow a total of 14 employee parking spaces on the site.
(Part 6)
7) Sec. 64-1820 (7) – To allow Days and Hours of operation including deliveries:
Monday through Friday – 6:30 a.m. to 7:30 p.m. (VC19-03, Part 7)
8) Sec. 64-1820 (9) - To allow the landscape debris/soil composting area to be
located on the ground. (VC19-03, Part 8)
9) Sec. 64-1142 (a)(3) - To delete the requirement of the 50-foot undisturbed buffer
and 10-foot improvement setback adjacent to the north and south property lines
as shown on the site plan submitted on September 27, 2019. (VC19-03, Part 9)
10) Sec. 64-1142 (b)(2) - To delete the requirement for parking lots to be screened
from view of any public street by a 15-foot-wide landscape strip planted to buffer
standards and replace with the concept landscape plan to include a four-board
equestrian fence as submitted on November 13, 2019 or as approved by the City
Arborist. (VC19-03, Part 10)
11) Sec. 64-1142 (b)(3) - To allow the dumpster not to have an enclosure. (VC19-03,
Part 11)
12) Sec. 64-1142 (g)(3) b.- To allow a 2,400 square foot new building to be located
165 feet from the landscape strip along Birmingham Hwy. (VC19-03, Part 12)
13) Sec. 64-1142 (h)(2) a. - To allow none of the following materials to be used on the
new 2,400 square foot building: clapboard siding, brick, and stone.
(VC19-03, Part 13)
14) Sec. 64-1142 (h)(2) c. - To allow the exterior building walls to be made of metal
panel systems on the new 2,400 square foot building. (VC19-03, Part 14)
15) Sec. 64-1142 (h)(4) - To allow no windows on the new 2,400 square foot building.
(VC19-03, Part 15)
LANDSCAPE CONCEPT PLAN SUBMITTED NOVEMBER 13, 2019