HomeMy WebLinkAboutAgenda Packet - CC - 12/16/2019
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Joe Lockwood, Mayor
CITY COUNCIL
Peyton Jamison
Matt Kunz
Laura Bentley
Carol Cookerly
Joe Longoria
Rick Mohrig
CITY COUNCIL CHAMBERS
City Hall
Monday, December 16, 2019 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Jason Howard, Chaplain for City of Milton Police and Fire
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. 19-261)
5) PUBLIC COMMENT (General)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 16, 2019
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6) CONSENT AGENDA
1. Approval of the November 18, 2019 City Council Meeting Minutes.
(Agenda Item No. 19-262)
2. Approval of the Financial Statements and Investment Report for the
Period Ending October 2019.
(Agenda Item No. 19-263) (Bernadette Harvill, Finance Director)
3. Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to
Audit the City’s Financial Statements for the Fiscal Year Ending September
30, 2019.
(Agenda Item No. 19-264) (Bernadette Harvill, Finance Director)
4. Approval of a Services Agreement between the City of Milton and
SiteMed North America, LLC for Firefighter Wellness Physicals.
(Agenda Item No. 19-265) (Robert Edgar, Fire Chief)
5. Approval of a Construction Services Agreement between the City of
Milton and Anderson Atlanta, Inc. Regarding the Pool Pump House
Renovation at the Former Milton Country Club.
(Agenda Item No. 19-266) (Jim Cregge, Parks & Recreation Director)
6. Approval of a Change Order #3 to a Professional Services Agreement
between the City of Milton and InterDev, LLC.
(Agenda Item No. 19-267) (Stacey Inglis, Assistant City Manager)
7. Approval of Change Order #1 for Construction Services Agreement
between the City of Milton and Blount Construction Company, Inc. for
Resurfacing and Reconstruction Project.
(Agenda Item No. 19-268) (Robert Drewry, Public Works Director)
8. Approval of a Contract with Basic Benefits to Provide Administration of
Services for Employee FSA (Flexible Spending Account), HRA (Health
Reimbursement Account) and COBRA.
(Agenda Item No. 19-269) (Sam Trager, Human Resources Director)
MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 16, 2019
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9. Approval of Subdivision Plats and Revisions Approval:
Name of Development / Location Action Comments /
# lots
Total
Acres Density
1. Ray Pendley
LL 187
2435 & 2445 Mountain Road
Minor
Plat
Reconfigure
2 Lots 6.97 .28 Lots /
acre
2. Charles Magbee
LL 539
15820 Thompson Road
Minor
Plat
Create 2
Lots 2.58 0.77 Lots /
acre
(Agenda Item No. 19-270)
(Parag Agrawal, Community Development Director)
7) REPORTS AND PRESENTATIONS
1. Recognition of Councilmember Matt Kunz. (Mayor Joe Lockwood)
2. Appreciation Plaques for City of Milton Board Members – Mark Bittner;
Joey Costanzo; Lauri Goodling; Brenda Hamstead; Susan Kimball and
Mike Stevens. (Councilmember Matt Kunz)
3. Presentation and Proclamation Establishing the Partnership between the
City of Milton and the 2020 United States Census. (Mayor Joe Lockwood & Michele McIntosh-Ross, Principal Planner)
8) FIRST PRESENTATION
1. Consideration to Amend the Milton Tree Canopy Conservation Ordinance
to Provide for a Time Extension on the Ability to Use the Density-based Tree
Conservation Ordinance or the Canopy-based Tree Conservation
Ordinance in the City Code.
(Agenda Item No. 19-271) (Parag Agrawal, Community Development Director)
9) PUBLIC HEARING
1. Consideration of an Ordinance of the Mayor and Council of the City of Milton,
Georgia, to Adopt Amendments to the Fiscal Year 2019 Budget for Each Fund of
MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 16, 2019
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the City of Milton, Georgia Amending the Amounts Shown in Each Budget as
Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting
Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed
Actual Funding Available.
(Agenda Item No. 19-272)
(Bernadette, Harvill, Finance Director)
10) ZONING AGENDA
1. 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.
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.
MILTON CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 16, 2019
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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. 19-258)
(First Presentation at the December 2, 2019 City Council Meeting) (Parag Agrawal, Community Development Director)
11) UNFINISHED BUSINESS
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. 19-259)
(First Presentation at the December 2, 2019 City Council Meeting)
(Parag Agrawal, Community Development Director)
12) NEW BUSINESS (None)
13) MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Community Development
2. Human Resources
14) EXECUTIVE SESSION (Land Acquisition)
15) ADJOURNMENT (Agenda Item No. 19-273)
MILTON'lt
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 11, 2019
FROM: Steven Krokoff, City Manager 40
AGENDA ITEM: Approval of the Financial Statements and Investment Report
for the Period Ending October 2019
MEETING DATE: Monday, December 16, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (4, -APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (, 40
CITY ATTORNEY REVIEW REQUIRED: () YES (yNO
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: /1 ('/Zvc)
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us
0000
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted on December 11, 2019 for the December 16, 2019 Regular
Council Meeting
Agenda Item: Financial Statements & Investment Report for Period 1 – October 2019
Overview and Financial Highlights:
General Fund
Revenue collections for the General Fund are 14.25% over what is
anticipated for the first period of the fiscal year.
Please remember as you look at the financial statements that there are
several revenue sources whose collections in the first two periods of a new
fiscal year will be accrued back to the previous fiscal year. It is a generally
accepted accounting principle to apply the revenue to the period it is
intended for.
Total expenditures to-date are $2,565,990 and are 11.18% less than
expected for this period of the fiscal year.
Capital Project Fund
Expenditures within this fund continue to occur on a project-by-project
basis. With a total project expenditure budget of $13,868,985, capital
expenditures-to-date total $1,159,277.
Please note that the financial statements for capital related funds now
include current encumbrances. This will provide a clear picture of future
commitments of resources prior to an actual payment being made.
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City of Milton
STATEMENT OF REVENUES & EXPENDITURES
General Fund
For the Period Ending October 2019
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Property Tax 12,025,225 3,647,569 3,173,736 473,833 3,647,569 3,173,736 473,833
Motor Vehicle Tax 452,100 - - - - - -
Intangible Tax 215,000 - - - - - -
Real Estate Transfer Tax 100,000 - - - - - -
Franchise Fees 2,105,800 - - - - - -
Local Option Sales Tax 9,400,000 - - - - - -
Alcohol Beverage Excise Tax 310,000 - - - - - -
Business & Occupation Tax 800,000 1,929 - 1,929 1,929 - 1,929
Insurance Premium Tax 2,500,000 - - - - - -
Financial Institution Tax 45,000 - - - - - -
Penalties & Interest 22,200 3,162 892 2,270 3,162 892 2,270
Alcohol Beverage Licenses 170,000 14,600 14,161 439 14,600 14,161 439
Other Non-Business Permits/Licenses 33,100 3,110 2,632 478 3,110 2,632 478
Zoning & Land Disturbance Permits 58,350 3,110 4,861 (1,751) 3,110 4,861 (1,751)
Building Permits 350,000 25,861 35,000 (9,139) 25,861 35,000 (9,139)
Intergovernmental Revenue - - - - - - -
Other Charges for Service 517,420 29,095 37,705 (8,609) 29,095 37,705 (8,609)
Municipal Court Fines 380,000 29,790 31,654 (1,864) 29,790 31,654 (1,864)
Interest Earnings 301,000 24,460 25,073 (613) 24,460 25,073 (613)
Contributions & Donations - 1,650 - 1,650 1,650 - 1,650
Other Revenue 108,726 11,798 8,799 2,999 11,798 8,799 2,999
Other Financing Sources 93,093 21,524 6,922 14,603 21,524 6,922 14,603
Total Revenues 29,987,014 3,817,659 3,341,433 476,226 3,817,659 3,341,433 476,226
Actual Budgeted Variance
over/(under)Actual Budgeted Variance
over/(under)
Mayor and Council 196,111 10,969 12,394 (1,425) 10,969 12,394 (1,425)
City Clerk 390,928 94,009 99,667 (5,659) 94,009 99,667 (5,659)
City Manager 644,897 45,667 48,730 (3,063) 45,667 48,730 (3,063)
General Administration 58,673 348 4,902 (4,554) 348 4,902 (4,554)
Finance 646,442 48,769 59,674 (10,905) 48,769 59,674 (10,905)
Legal 295,000 37,064 24,574 12,491 37,064 24,574 12,491
Information Technology 1,362,876 61,089 91,037 (29,948) 61,089 91,037 (29,948)
Human Resources 349,281 22,265 26,513 (4,248) 22,265 26,513 (4,248)
Risk Management 266,706 138,934 138,934 - 138,934 138,934 -
General Government Buildings 259,502 7,449 19,950 (12,502) 7,449 19,950 (12,502)
Communications 292,875 16,028 30,510 (14,482) 16,028 30,510 (14,482)
Community Outreach & Engagement 164,367 9,143 16,232 (7,089) 9,143 16,232 (7,089)
Municipal Court 470,202 34,157 34,528 (371) 34,157 34,528 (371)
Police 5,629,833 479,412 533,527 (54,115) 479,412 533,527 (54,115)
Fire 7,722,910 852,310 934,603 (82,293) 852,310 934,603 (82,293)
Public Works 2,979,237 142,070 171,807 (29,737) 142,070 171,807 (29,737)
Parks & Recreation (Active)1,518,414 49,976 84,304 (34,327) 49,976 84,304 (34,327)
Passive Parks/Greenspace 137,789 6,075 11,145 (5,070) 6,075 11,145 (5,070)
Community Development 1,701,891 87,276 117,853 (30,577) 87,276 117,853 (30,577)
Economic Development 179,655 15,105 20,326 (5,221) 15,105 20,326 (5,221)
Debt Service 1,177,201 - - - - - -
Operating Transfers to Other Funds 4,894,518 407,877 407,713 163 407,877 407,713 163
Operating Reserve 264,448 - - - - - -
Total expenditures 31,603,756 2,565,990 2,888,923 (322,933)2,565,990 2,888,923 (322,932)
Net Income/(Loss)(1,616,742)1,251,669 1,251,669
Revenues Annual Budget
Current Month Year-to-Date
Operating Expenditures Annual Budget
Current Month Year-to-Date
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Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Crabapple Fest Vendor Fee -$ 200$ 200$ 200$
Rock for Rescues Vendor Fee - - - -
Summer Event Vendor Fee - - - -
Interest Revenues - - - -
Crabapple Fest Sponsor 15,000 8,400 8,400 (6,600)
Earth Day Sponsor - - - -
Summer Event Sponsor 2,000 - - (2,000)
Private Entity Contributions - - - -
Gas South Partnership - - - -
Total revenues 17,000$ 8,600$ 8,600$ (8,400)$
EXPENDITURES
Current:
Special Events 120,688$ 25,570$ 25,570$ 95,118$
Total Expenditures 120,688$ 25,570$ 25,570$ 95,118$
OTHER FINANCING SOURCES (USES)
Transfers in from Hotel/Motel Tax Fund 80,000 -$ - (80,000)
Total other financing sources and uses 80,000$ -$ -$ (80,000)$
Net change in fund balances (23,688)$ (16,970)$
City of Milton
Special Events Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2019
3 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Cash Confiscations/State Funds -$ -$ -$ -$
Cash Confiscations/Fed Funds - - - -
Interest Revenues/State Funds - - - -
Interest Revenues/Federal Funds - 3 3 3
Realized Gain on Investments/State Funds - - - -
Proceeds of Sale of Assets - - - -
Total revenues -$ 3$ 3$ 3$
EXPENDITURES
Current:
Police 6,716$ 13,183$ 13,183$ (6,467)$
Total Expenditures 6,716$ 13,183$ 13,183$ (6,467)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$
Net change in fund balances (6,716)$ (13,180)$
City of Milton
Confiscated Assets Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2019
4 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Wireless 911 Fees 980,000$ -$ -$ (980,000)$
Total revenues 980,000$ -$ -$ (980,000)$
EXPENDITURES
Current:
Public Safety 980,000$ -$ -$ 980,000$
Total Expenditures 980,000$ -$ -$ 980,000$
OTHER FINANCING SOURCES (USES)
Unallocated -$ -$ -$ -$
Transfers out to Capital Projects - - - -
Net change in fund balances -$ -$
City of Milton
E-911 Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2019
5 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Variance with
Final Budget -
Positive (Negative)
REVENUES
Taxes
Hotel/Motel Taxes 80,000$ -$ -$ (80,000)$
Total revenues 80,000$ -$ -$ (80,000)$
OTHER FINANCING SOURCES (USES)
Transfers out to Special Events Fund 80,000$ -$ -$ (80,000)$
Total other financing sources and uses 80,000$ -$ -$ (80,000)$
Net change in fund balances -$ -$
City of Milton
Hotel/Motel Tax Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2019
6 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Charges for Service
Infrastructure Maintenance Fee 110,000$ -$ -$ -$ (110,000)$
Infrastructure Maint Penalty & Interest - - - - -
Tree Recompense - - - - -
Landfill Host Fees 48,000 - - - (48,000)
Interest Revenue - - - - -
Total revenues 158,000$ -$ -$ -$ (158,000)$
EXPENDITURES
Capital Outlay
City Council -$ -$ -$ -$ -$
General Admin 13,762 - - - 13,762
Finance 162,315 - - - 162,315
Information Services 344,364 - - - 344,364
General Govt Bldg 45,347 - - - 45,347
Police 226,857 - - - 226,857
Fire 1,849,610 1,127,891 1,127,891 1,127,891 721,720
Public Works 6,288,858 16,264 16,264 66,763 6,222,095
Parks & Recreation 3,316,874 15,122 15,122 21,515 3,295,360
Passive Parks/Greenspace 938,188 - - - 938,188
Community Development 682,810 - - 157,726 525,084
Total Capital Outlay 13,868,985$ 1,159,277$ 1,159,277$ 1,373,894$ 12,495,091$
Excess of revenues over expenditures (13,710,985)$ (1,159,277)$ (1,159,277)$ (1,373,894)$ (12,653,091)$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund 4,894,518$ 407,877$ 407,877$ 407,877$ (4,486,642)$
Transfer out to General Fund (83,093) (6,924) (6,924) (6,924) 76,169
Contingencies (147,450) - - - 147,450
Total other financing sources and uses 4,663,975$ 400,952$ 400,952$ 400,952$ (4,263,023)$
Net change in fund balances (9,047,010)$ (758,325)$ (972,942)$
City of Milton
Capital Project Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2019
7 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Real Property Tax-Current Year 1,683,096$ 521,534$ 521,534$ 521,534$ (1,161,562)$
Real Property Tax-Prior Year - 591 591 591 591
Public Utility Tax-Current Year 13,220 - - - (13,220)
Personal Property Tax-Current Year 25,090 2,334 2,334 2,334 (22,756)
Personal Property Tax-Prior Year - 3 3 3 3
Motor Vehicle Tax 5,689 - - - (5,689)
Penalties & Interest - Real Property - 329 329 329 329
Penalties & Interest - Personal Property - 4 4 4 4
Interest Revenue (Regions)200,000 11,282 11,282 11,282 (188,718)
Interest Revenue (SunTrust)- - - - -
Total revenues 1,927,095$ 536,077$ 536,077$ 536,077$ (1,391,018)$
EXPENDITURES
Capital Outlay
Passive Parks/Greenspace 7,657,100$ 25,000$ 25,000$ 30,807$ 7,626,293$
Bond Principal 855,000 - - - 855,000
Bond Interest 858,875 429,438 429,438 429,438 429,438
Total Capital Outlay 9,370,975$ 454,438$ 454,438$ 460,245$ 8,916,538$
Excess of revenues over expenditures (7,443,880)$ 81,639$ 81,639$ 75,832$ 7,525,519$
Net change in fund balances (7,443,880)$ 81,639$ 75,832$
City of Milton
Greenspace Bond Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2019
8 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Transportation Local Option Sales Tax 6,300,000$ -$ -$ -$ (6,300,000)
Interest Revenues - 63 63 63 63
Realized Gain or Loss (GA Fund 1)200,000 19,628 19,628 19,628 (180,372)
Total revenues 6,500,000$ 19,691$ 19,691$ 19,691$ (6,480,309)$
EXPENDITURES
Capital Outlay
Public Works 17,214,198$ 1,162$ 1,162$ 2,227,380$ 14,986,817
Total Capital Outlay 17,214,198$ 1,162$ 1,162$ 2,227,380$ 14,986,817$
Excess of revenues over expenditures (10,714,198)$ 18,529$ 18,529$ (2,207,689)$ 8,506,508$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Total other financing sources and uses -$ -$ -$ -$ -$
Net change in fund balances (10,714,198)$ 18,529$ (2,207,689)$
City of Milton
Transportation Local Option Sales Tax (TSPLOST) Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2019
9 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues
Recreation Trail Program -$ -$ -$ -$ -$
Land & Water Conservation Grant - - - - -
LMIG Funds 405,528 - - - (405,528)
Trail Connection to Big Creek Greenway 400,000 - - - (400,000)
Interest Revenues - - - - -
Contributions & Donations - - - - -
Total revenues 805,528$ -$ -$ -$ (805,528)$
EXPENDITURES
Capital Outlay
Public Works 1,383,489$ -$ -$ -$ 1,383,489$
Parks & Recreation 631,443 - - 11,300 620,143
Community Development 104,793 - - - 104,793
Total Capital Outlay 2,119,725$ -$ -$ 11,300$ 2,108,425$
Excess of revenues over expenditures (1,314,197)$ -$ -$ (11,300)$ 1,302,897$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Transfer Out to Capital Projects Fund - - - - -
Budgeted Fund Balance - - - - -$
Total other financing sources and uses -$ -$ -$ -$ -$
Net change in fund balances (1,314,197)$ -$ (11,300)$
City of Milton
Capital Grant Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2019
10 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Admin Fund 30,000$ 4,067$ 4,067$ 4,067$ (25,933)$
Law Enforcement Fund 13,000 1,707 1,707 1,707 (11,293)
Fire Fund 72,500 9,784 9,784 9,784 (62,716)
Road Fund 110,000 1,221 12,210 12,210 (97,790)
Park Fund 650,000 111,872 111,872 111,872 (538,128)
Interest Revenues/Admin Fund - - - - -
Interest Revenues/Law Enforcement Fund - - - - -
Interest Revenues/Fire Fund - - - - -
Interest Revenues/Road Fund - - - - -
Interest Revenues/Park Fund - - - - -
Total revenues 875,500$ 128,652$ 139,641$ 139,641$ (735,859)$
EXPENDITURES
General Government Buildings 73,437$ -$ -$ -$ 73,437$
Fire 319,372 - - - 319,372
Public Works 266,709 - - - 266,709
Parks & Recreation 3,063,327 - - - 3,063,327
Community Development 59,195 - - - 59,195
Total Capital Outlay 3,782,040$ -$ -$ -$ 3,782,040$
Excess of revenues over expenditures (2,906,540)$ 128,652$ 139,641$ 139,641$ 3,046,181$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Transfer Out to General Fund/Admin - - - - -
Total other financing sources and uses -$ -$ -$ -$ -$
Net change in fund balances (2,906,540)$ 139,641$ 139,641$
City of Milton
Capital Projects Fund - Impact Fees
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2019
11 of 13
Original
Budgeted
Amounts
Current Period
Actuals
Year-to-Date
Actuals
Year-to-Date
Actuals +
Encumbrances
Variance with
Final Budget -
Positive (Negative)
REVENUES
Intergovernmental Revenues -$ -$ -$ -$ -$
Interest Revenues - - - -
Contributions & Donations - - - - -
Total revenues -$ -$ -$ -$ -$
EXPENDITURES
Capital Outlay
General Government Buildings 13,992,846$ 16,581$ 16,581$ 12,290,273$ 1,702,573$
Fire 3,706,563 - - - 3,706,563
Fiscal Agent's Fees - 113,221 113,221 113,221 (113,221)
Issuance Costs - 153,052 153,052 153,052 (153,052)
Bond Principal - 630,000 630,000 630,000 (630,000)
Total Capital Outlay 17,699,409$ 912,854$ 912,854$ 13,186,546$ 4,512,863$
Excess of revenues over expenditures (17,699,409)$ (912,854)$ (912,854)$ (13,186,546)$ 4,512,863$
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund -$ -$ -$ -$ -$
Transfers out to General Fund - - - - -
Revenue Bond Proceeds - 19,376,026 19,376,026 19,376,026 19,376,026
Total other financing sources and uses -$ 19,376,026$ 19,376,026$ 19,376,026$ 19,376,026$
Net change in fund balances (17,699,409)$ 18,463,172$ 6,189,481$
City of Milton
Capital Projects Fund - Revenue Bond
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
For the Period Ended October 31, 2019
12 of 13
Amount Percent Yield
Money Market - Quantum Bank 5,336,957 19%2.15%
GA Fund 1 10,387,136 37%1.89%
GA Fund 1 (TSPLOST)12,259,308 44%1.89%
Grand Total Investment Portfolio 27,983,401 100%
Current
Month YTD
Current
Month YTD
Interest earned 24,460 24,460 19,628 19,628
Budgeted interest 25,000 25,000 16,667 16,667
Variance over/(under)(540) (540) 2,961 2,961
General Fund TSPLOST Fund
City of Milton
Investment Portfolio
Month Ending October 31, 2019
13 of 13
TO:
FROM:
MILTON*t
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: December 10, 2019
Steven Krokoff, City Manager a
AGENDA ITEM: Approval of the Audit Engagement Letter with Mauldin &
Jenkins, LLC to Audit the City's Financial Statements for the
Fiscal Year Ending September 30, 2019
MEETING DATE: Monday, December 16, 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: (,rYES () NO
APPROVAL BY CITY ATTORNEY. (.kAPPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 141/6140!9
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltongo.us
To: Honorable Mayor and City Council Members
From: Bernadette Harvill, Finance Director
Date: Submitted November 27, 2019 for the December 16, 2019 Regular
City Council Meeting
Agenda Item: Approval of the Audit Engagement Letter with Mauldin & Jenkins,
LLC to Audit the City’s Financial Statements for the Fiscal Year
Ending September 30, 2019
Department Recommendation: Approval
Executive Summary:
According to O.C.G.A. § 36-81-7, the city is required to have an annual audit of the
financial affairs and transactions of all funds and activities of the city.
The audit engagement letter before you details the scope of services Mauldin &
Jenkins, LLC will provide the city. As part of the engagement, they will audit the
financial statements of the governmental activities, each major fund, and the required
supplementary information. They will also provide a report on internal controls related to
the financial statements and compliance with laws, regulations, and the provisions of
contracts or grant agreements.
Procurement Summary:
Purchasing method used: RFP
Account Number: 100-1510-521200003
Requisition Total: $32,000
Financial Review: Honor Motes, November 22, 2019
Legal Review: Sam VanVolkenburgh, November 22, 2019
Concurrent Review: Steve Krokoff, City Manager
Attachment: Audit Engagement Letter
November 26, 2019
Honorable Mayor and Members of the
City Council and City Manager
City of Milton, Georgia
2006 Heritage Walk
Milton, Georgia 30004
Attn: Stacey Inglis, Assistant City Manager
We are pleased to confirm our understanding of the services we are to provide the City of Milton,
Georgia (the City) for the year ended September 30, 2019. These services will be provided
pursuant to and in accordance with the terms provided in the Professional Services Agreement,
dated November 26, 2019. We will audit the financial statements of the governmental activities,
each major fund, and the aggregate remaining fund information, including the related notes to the
financial statements, which collectively comprise the basic financial statements, of the City of
Milton, Georgia as of and for the year then ended. Accounting standards generally accepted in the
United States of America provide for certain required supplementary information (RSI), such as
management’s discussion and analysis (MD&A), to supplement the City’s basic financial
statements. Such information, although not a part of the basic financial statements, is required by
the Governmental Accounting Standards Board who considers it to be an essential part of financial
reporting for placing the basic financial statements in an appropriate operational, economic, or
historical context. As part of our engagement, we will apply certain limited procedures to the
City’s RSI in accordance with auditing standards generally accepted in the United States of
America. These limited procedures will consist of inquiries of management regarding the methods
of preparing the information and comparing the information for consistency with management's
responses to our inquiries, the basic financial statements, and other knowledge we obtained during
our audit of the basic financial statements. We will not express an opinion or provide any
assurance on the information because the limited procedures do not provide us with sufficient
evidence to express an opinion or provide any assurance. The following RSI is required by U.S.
generally accepted accounting principles and will be subjected to certain limited procedures, but
will not be audited:
1. Management’s Discussion and Analysis (MD&A).
2. Schedule of Changes in the City’s Net Pension Liability and Related Ratios.
3. Schedule of City Contributions – Pension Plan.
4. Budgetary comparisons for the General Fund and Major Special Revenue Funds.
We have also been engaged to report on supplementary information other than RSI that
accompanies the City’s financial statements. We will subject the following supplementary
information to the auditing procedures applied in our audit of the financial statements and certain
City of Milton - 2019 Engagement Letter
November 26, 2019
Page 2
additional procedures, including comparing and reconciling such information directly to the
underlying accounting and other records used to prepare the financial statements or to the financial
statements themselves, and other additional procedures in accordance with auditing standards
generally accepted in the United States of America and will provide an opinion on it in relation to
the financial statements as a whole:
1. Schedule of Projects Constructed with Special Purpose Local Option Sales Tax Proceeds.
2. Combining and individual fund statements.
The following other information accompanying the financial statements will not be subjected to
the auditing procedures applied in our audit of the financial statements, we have no responsibility
for determining whether such other information is properly stated, and our auditor’s report will not
provide an opinion or any assurance on that information:
1. Introductory section
2. Statistical section
Audit Objectives
The objective of our audit is the expression of opinions as to whether your basic financial
statements are fairly presented, in all material respects, in conformity with U.S. generally accepted
accounting principles and to report on the fairness of the supplementary information referred to in
the second paragraph when considered in relation to the financial statements as a whole. Our audit
will be conducted in accordance with auditing standards generally accepted in the United States of
America and the standards for financial audits contained in Government Auditing Standards,
issued by the Comptroller General of the United States, and will include tests of the accounting
records of the City of Milton, Georgia and other procedures we consider necessary to enable us to
express such opinions. We will issue a written report upon completion of our audit of the City’s
financial statements. Our report will be addressed to the Members of the City Council for the City
of Milton, Georgia. We cannot provide assurance that unmodified opinions will be expressed.
Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis-
of-matter or other-matter paragraphs. If our opinions on the financial statements are other than
unmodified, we will fully discuss the reasons with you in advance. If, for any reason, we are
unable to complete the audit or are unable to form or have not formed opinions, we may decline
to express opinions or to issue reports, or may withdraw from this engagement.
We will also provide a report (that does not include an opinion) on internal control related to the
financial statements and compliance with the provisions of laws, regulations, contracts, and grant
agreements, noncompliance with which could have a material effect on the financial statements as
required by Government Auditing Standards. The report on internal control and on compliance
and other matters will include a paragraph that states that the purpose of the report is solely to
describe the scope of testing of internal control over financial reporting and compliance, and the
results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal
control over financial reporting or on compliance, and that the report is an integral part of an audit
performed in accordance with Government Auditing Standards in considering the entity’s internal
control over financial reporting and compliance. The paragraph will also state that the report is
not suitable for any other purpose.
City of Milton - 2019 Engagement Letter
November 26, 2019
Page 3
If during our audit we become aware that the City is subject to an audit requirement that is not
encompassed in the terms of this engagement, we will communicate to management and those
charged with governance that an audit in accordance with U.S. generally accepted auditing
standards and the standards for financial audits contained in Government Auditing Standards may
not satisfy the relevant legal, regulatory, or contractual requirements.
Management Responsibilities
Management is responsible for the basic financial statements and all accompanying information
as well as all representations contained therein.
Management is responsible for designing, implementing, establishing, and maintaining effective
internal controls relevant to the preparation and fair presentation of financial statements that are
free from material misstatement, whether due to fraud or error, including evaluating and
monitoring ongoing activities, to help ensure that appropriate goals and objectives are met;
following laws and regulations; and ensuring that management and financial information is reliable
and properly reported. Management is also responsible for implementing systems designed to
achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are
also responsible for the selection and application of accounting principles, for the preparation and
fair presentation of the financial statements and all accompanying information in conformity with
U.S. generally accepted accounting principles, and for compliance with applicable laws and
regulations and the provisions of contracts and grant agreements.
Management is also responsible for making all financial records and related information available
to us and for the accuracy and completeness of that information. You are also responsible for
providing us with (1) access to all information of which you are aware that is relevant to the
preparation and fair presentation of the financial statements, (2) additional information that we
may request for the purpose of the audit, and (3) unrestricted access to persons within the
government from whom we determine it necessary to obtain audit evidence.
Your responsibilities include adjusting the financial statements to correct material misstatements
and confirming to us in the written representation letter that the effects of any uncorrected
misstatements aggregated by us during the current engagement and pertaining to the latest period
presented are immaterial, both individually and in the aggregate, to the financial statements taken
as a whole.
You are responsible for the design and implementation of programs and controls to prevent and
detect fraud, and for informing us about all known or suspected fraud affecting the government
involving (1) management, (2) employees who have significant roles in internal control, and (3)
others where the fraud could have a material effect on the financial statements. Your
responsibilities include informing us of your knowledge of any allegations of fraud or suspected
fraud affecting the government received in communications from employees, former employees,
grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that
the government complies with applicable laws, regulations, contracts, agreements, and grants and
for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of
laws, regulations, contracts or grant agreements, or abuse that we report.
City of Milton - 2019 Engagement Letter
November 26, 2019
Page 4
You are responsible for the preparation of the supplementary information, which we have been
engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree
to include our report on the supplementary information in any document that contains and indicates
that we have reported on the supplementary information. You also agree to include the audited
financial statements with any presentation of the supplementary information that includes our
report thereon or make the audited financial statements readily available to users of the
supplementary information no later than the date the supplementary information is issued with our
report thereon. Your responsibilities include acknowledging to us in the written representation
letter that (1) you are responsible for presentation of the supplementary information in accordance
with GAAP; (2) you believe the supplementary information, including its form and content, is
fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have
not changed from those used in the prior period (or, if they have changed, the reasons for such
changes): and (4) you have disclosed to us any significant assumptions or interpretations
underlying the measurement or presentation of the supplementary information.
With regard to an exempt offering document with which Mauldin & Jenkins is not involved, you
agree to clearly indicate in the exempt offering document that Mauldin & Jenkins is not involved
with the contents of such offering document.
Management is responsible for establishing and maintaining a process for tracking the status of
audit findings and recommendations. Management is also responsible for identifying and
providing report copies of previous financial audits, attestation engagements, performance audits
or other studies related to the objectives discussed in the Audit Objectives section of this letter.
This responsibility includes relaying to us corrective actions taken to address significant findings
and recommendations resulting from those audits, attestation engagements, performance audits, or
studies. You are also responsible for providing management’s views on our current findings,
conclusions, and recommendations, as well as your planned corrective actions, for the report, and
for the timing and format for providing that information.
With regard to the electronic dissemination of audited financial statements, including financial
statements published electronically on your website, you understand that electronic sites are a
means to distribute information and, therefore, we are not required to read the information
contained in these sites or to consider the consistency of other information in the electronic site
with the original document.
You agree to assume all management responsibilities relating to the financial statements and
related notes and any other nonaudit services we provide. You will be required to acknowledge in
the management representation letter our assistance with preparation of the financial statements
and related notes and that you have reviewed and approved the financial statements and related
notes prior to their issuance and have accepted responsibility for them. You agree to oversee the
nonaudit services by designating an individual, preferably from senior management, who
possesses suitable skill, knowledge, or experience; evaluate the adequacy and results of those
services; and accept responsibility for them.
Audit Procedures—General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in
the financial statements; therefore, our audit will involve judgment about the number of
City of Milton - 2019 Engagement Letter
November 26, 2019
Page 5
transactions to be examined and the areas to be tested. An audit also includes evaluating the
appropriateness of accounting policies used and the reasonableness of significant accounting
estimates made by management, as well as evaluating the overall presentation of the financial
statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance
about whether the financial statements are free of material misstatement, whether from (1) errors,
(2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or
governmental regulations that are attributable to the government or to acts by management or
employees acting on behalf of the government. Because the determination of abuse is subjective,
Government Auditing Standards do not expect auditors to provide reasonable assurance of
detecting abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal
control, and because we will not perform a detailed examination of all transactions, there is a risk
that material misstatements may exist and not be detected by us, even though the audit is properly
planned and performed in accordance with U.S. generally accepted auditing standards and
Government Auditing Standards. In addition, an audit is not designed to detect immaterial
misstatements or violations of laws or governmental regulations that do not have a direct and
material effect on the financial statements. However, we will inform the appropriate level of
management of any material errors, any fraudulent financial reporting or misappropriation of
assets that come to our attention. We will also inform the appropriate level of management of any
violations of laws or governmental regulations that come to our attention, unless clearly
inconsequential, and of any material abuse that comes to our attention. Our responsibility as
auditors is limited to the period covered by our audit and does not extend to any later periods for
which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded
in the accounts, and may include direct confirmation of receivables and certain other assets and
liabilities by correspondence with selected individuals, funding sources, creditors, and financial
institutions. We will request written representations from your attorneys as part of the
engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit,
we will require certain written representations from you about your responsibilities for the
financial statements; compliance with laws, regulations, contracts, and grant agreements; and other
responsibilities required by generally accepted auditing standards.
Audit Procedures—Internal Control
Our audit will include obtaining an understanding of the government and its environment,
including internal control, sufficient to assess the risks of material misstatement of the financial
statements and to design the nature, timing, and extent of further audit procedures. Tests of
controls may be performed to test the effectiveness of certain controls that we consider relevant to
preventing and detecting errors and fraud that are material to the financial statements and to
preventing and detecting misstatements resulting from illegal acts and other noncompliance
matters that have a direct and material effect on the financial statements. Our tests, if performed,
will be less in scope than would be necessary to render an opinion on internal control and,
accordingly, no opinion will be expressed in our report on internal control issued pursuant to
Government Auditing Standards.
City of Milton - 2019 Engagement Letter
November 26, 2019
Page 6
An audit is not designed to provide assurance on internal control or to identify significant
deficiencies or material weaknesses. However, during the audit, we will communicate to
management and those charged with governance internal control related matters that are required
to be communicated under AICPA professional standards and Government Auditing Standards.
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of
material misstatement, we will perform tests of the City of Milton, Georgia’s compliance with the
provisions of applicable laws, regulations, contracts, agreements, and grants. However, the
objective of our audit will not be to provide an opinion on overall compliance and we will not
express such an opinion in our report on compliance issued pursuant to Government Auditing
Standards.
Other Services
We will also assist in preparing the financial statements and related notes of the City in conformity
with U.S. generally accepted accounting principles based on information provided by you. These
nonaudit services do not constitute an audit under Government Auditing Standards and such
services will not be conducted in accordance with Government Auditing Standards. We will
perform these services in accordance with applicable professional standards. The other services
are limited to the financial statements and related notes services previously defined. We, in our
sole professional judgement, reserve the right to refuse to perform any procedure or take any action
that could be construed as assuming management responsibilities.
Audit Administration, Fees, and Other
We understand that your employees will prepare all cash or other confirmations we request and
will locate any documents selected by us for testing.
We will provide copies of our reports to the City of Milton, Georgia; however, management is
responsible for distribution of the reports and financial statements. Unless restricted by law or
regulation, or containing privileged and confidential information, copies of our reports are to be
made available for public inspection.
The audit documentation for this engagement is the property of Mauldin & Jenkins and constitutes
confidential information. However, pursuant to authority given by law or regulation, we may be
requested to make certain audit documentation available to a federal agency providing direct or
indirect funding, or the U.S. Government Accountability Office for purposes of a quality review
of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you
of any such request. If requested, access to such audit documentation will be provided under the
supervision of Mauldin & Jenkins personnel. Furthermore, upon request, we may provide copies
of selected audit documentation to the aforementioned parties. These parties may intend, or decide,
to distribute the copies or information contained therein to others, including other governmental
agencies.
The audit documentation for this engagement will be retained for a minimum of five years after
the report release date or for any additional period requested by a regulatory body. If we are aware
that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we
City of Milton - 2019 Engagement Letter
November 26, 2019
Page 7
will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit
documentation.
We expect to begin our audit on approximately January 20, 2020 and to issue our reports no later
than March 31, 2020. Adam Fraley is the engagement partner and is responsible for supervising
the engagement and signing the reports or authorizing another individual to sign them. Our fee
for these services will be $31,000 for the year ended September 30, 2019. Our hourly rates vary
according to the degree of responsibility involved and the experience level of the personnel
assigned to your audit. Our invoices for these fees will be rendered as work progresses and are
payable upon presentation. The above fees are based on anticipated cooperation from your
personnel (including complete and timely receipt by us of the information on the client
participation listing) and the assumption that unexpected circumstances (including scope changes)
will not be encountered during the audit. If significant additional time is necessary, we will discuss
it with management and arrive at a new fee estimate before we incur the additional costs.
As a result of our prior or future services to you, we might be requested or required to provide
information or documents to you or a third party in a legal, administrative, arbitration, or similar
proceeding in which we are not a party. If this occurs, our efforts in complying with such requests
will be deemed billable to you as a separate engagement. We shall be entitled to compensation for
our time and reasonable reimbursement for our expenses (including legal fees) in complying with
the request. For all requests we will observe the confidentiality requirements of our profession
and will notify you promptly of the request.
We appreciate the opportunity to be of service to the City of Milton, Georgia and believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions, please
let us know. If you agree with the terms of our engagement as described in this letter, please sign
the enclosed copy and return it to us.
Sincerely,
MAULDIN & JENKINS, LLC
Adam M. Fraley
RESPONSE:
This letter correctly sets forth the understanding of the City of Milton, Georgia.
By:
Title:
TO:
FROM:
MILTON,
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: December 10, 2019
Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Services Agreement between the City of Milton
and SiteMed North America, LLC for Firefighter Wellness
Physicals
MEETING DATE: Monday, December 16, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (4"YES () NO
CITY ATTORNEY REVIEW REQUIRED: (.KYES () NO
APPROVAL BY CITY ATTORNEY: (.JKPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
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: Robert Edgar, Fire Chief
Date: Submitted on December 5, 2019 for the December 16, 2019
Regular City Council Meeting
Agenda Item: Approval of a Services Agreement between the City of Milton and
SiteMed North America, LLC for Firefighter Wellness Physicals
_____________________________________________________________________________________
Department Recommendation: Approve the attached contract for the purpose of
providing firefighter wellness physicals by SiteMed.
Executive Summary: The National Fire Protection Association (NFPA) recommends that
all firefighters engaged in emergency operation to be examined by a physician at least
annually and suggested the medical examination be developed and administered by
a fire department physician fully versed in the unique health hazards posed by
firefighting.
The SiteMed wellness program, which meets NFPA and OSHA standards, is broken down
into two phases: Phase I - Lab Work, and Phase II – Physical Exam (by a physician).
Personnel are offered three opportunities to complete each phase, allowing personnel
on each shift the opportunity to participate. This is easily accomplished since SiteMed
performs all services on site at a Milton fire station.
A competitive bid process has been completed. With only a limited number of
physician groups able to perform NFPA-compliant physicals, SiteMed was the only
bidder during the 2019 RFP process.
Funding and Fiscal Impact: The wellness program was included in the FY 2020 budget
for the Fire Department. This contract would not obligate any further expense for the
City of Milton, but instead ensures that the Department gets the best service, price and
quality for the funding already earmarked for this purpose.
This agreement will automatically renew on January 1, 2020 and on January 1 of each
year thereafter. This agreement will terminate on December 31, 2024.
Page 2 of 2
Alternatives: The department may continue to seek bids from other physician groups.
However, this is not an optimal arrangement because it would greatly increase the time
administrative staff spends in the procurement process and may hinder achieving
consistency of the wellness program within the Fire Department.
Legal Review:
Sam VanVolkenburgh, Jarrad & Davis, November 25, 2019
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Professional Services Agreement
HOME OF 'THF BEST QUALITY I." *t
M I LT(_)I
ESTABLISHED 2006
SERVICES AGREEMENT
Public Safety Employee Medical Clearance Program
This Services Agreement (the "Agreement") is made and entered into this day of , 2019, by
and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and SiteMed North
America, LLC (hereinafter referred to as the "Contractor") having its principal place of business in Georgia at 1634
White Circle, Suite 101, Marietta, GA 30066.
WITNESSETH THAT:
WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and
WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with
all local conditions and applicable federal, state and local laws, ordinances, rules and regulations.
NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows:
Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and
incorporated herein by reference, constitute the "Contract Documents":
EXHIBIT A -CITY SOLICITATION DOCUMENTS
EXHIBIT B -CONSULTANT RESPONSE/PROPOSAL
EXHIBIT C -CONTRACTOR AFFIDAVIT
EXHIBIT D- SUBCONTRACTOR AFFIDAVIT (IF APPLICABLE)
To the extent that there may be any conflict among the Contract Documents, the provision operating most to the
benefit of the City shall govern.
Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. In the event
of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as
determined by the City in its sole discretion, shall govern. Unless otherwise stated in the Contract Documents, the
Work shall include Contractor's provision of materials, labor, expenses, and any other cost or item necessary to
complete the Work, which is generally described as a public safety employee medical clearance program in
accordance with Exhibit A and Exhibit B.
Section 3. Contract Time: The Term of this Agreement shall run from the date of execution until December
31, 2024 (the "Term"). The Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate
absolutely and without further obligation on the part of the City on December 31 each calendar year of the Term,
and further that this Agreement shall automatically renew on January I of each subsequent calendar year of the
Term absent the City's provision of written notice of non -renewal to Contractor 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 shall
remain in Contractor until fully paid for by the City.
Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined
below, shall require a written change order executed by the City in accordance with its purchasing regulations.
Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed
and costs incurred by Contractor upon the City's certification that the services were actually performed and costs
actually incurred in accordance with this Agreement. City shall compensate Contractor at the rates for services
provided in Exhibit "B". The total annual cost to City shall not exceed $29,000.00, except as may be agreed to
pursuant to Section 4 above. This annual cost includes the required standard testing as specified in Exhibit `B" as
well an any applicable additional testing as needed for which pricing is stated in Exhibit "B", not including
additional services designated in Exhibit `B" as the responsibility of employees.. Compensation for services
performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt
and approval of invoices, submitted in accordance with the schedule in Exhibit 'B" for the basic services, and
promptly after any supplemental (e.g. new hire) services. Invoices shall set forth in detail the services performed
and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. Pa}anent shall be made as set
forth in Exhibit "A". Contractor shall take no calculated risk in the performance of the Work. Specifically.
Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without
disregarding sound principles of Contractor's industr>•, Contractor will give written notice thereof immediately to
the Citv.
Section 6. Covenants of Contractor
A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in_ nor
delegate any duties of this Agreement, without the prior express written consent of the City.
B. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume
all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and
damages directly or indirectly_ resulting to it on account of the performance or character of the services rendered
pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards.
commissions, elected and appointed officials, employees and agents from and against any and all claims. suits.
actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney'.s fees, which may
be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or
operations by Contractor, anv subcontractor. anvone directly or indirectly emploved by Contractor or subcontractor
or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is
caused in part by a party indemnified hereunder. Contractor shall not be required to indemnify the City or its
officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for
damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to
property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or
appointed officials, employees or agents.
C. Independent Contractor: Contractor herein• covenants and declares that it is engaged in an independent
business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch
as City and Contractor arc contractors independent of one another. 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 by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party or to
allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited
purpose stated in such authorization. Contractor shall assume full liability for anv contracts or agreements
Contractor enters into on behalf of City without the express knowledge and prior written consent of City.
D.Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement, the
following insurance.
(1) Requirements: Contractor shall have and maintain in full force and effect for the duration
of this Agreement, insurance insuring against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the Work by
Contractor, its agents, representatives, employees or subcontractors.
(2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies
with coverage and limits no less than:
(a) Commercial General Liability coverage of at least $1,000,000 (one million dollars)
combined single limit per occurrence for comprehensive coverage including for
bodily and personal injury, sickness, disease or death, injury to or destruction of
property, including loss of use resulting therefrom. If a general aggregate limit
applies, the general aggregate limit shall be at least twice the required occurrence
limit.
(b) Commercial Automobile Liability (owned, non -owned, hired) coverage of at Ieast
$1,000,000 (one million dollars) combined single limit per occurrence for
comprehensive coverage including bodily and personal injun•, sickness. disease or
death, injury to or destruction of property, including loss of use resulting
therefrom.
(c) Professional Liability of at least $I.0(X),0(X) (one million dollars) limit for claims
arising out of professional services and caused in- Contractor'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 Contractor
(Proprietor/Partner/Executive/Officer/Member/etc.) may be excluded from
coverage. If, notwithstanding this provision, individuals are excluded. those
individuals are strictly prohibited from performing the Work. (If Contractor is a
sole proprietor, who is otherwise not entitled to coverage under Georgia's
Workers Compensation Act. Contractor must secure Workers' Compensation
coverage approved by both the State Board of Workers' Compensation and the
Commissioner of Insurance. The amount of such coverage shall be the same as
what is otherwise required of employers entitled to coverage under die Georgia
Workers' Compensation Act.)
(3) Acceptability of Insurers: The insurance to be maintained by Contractor must be issued by
a company licensed or approved by the Insurance Commissioner to transact business in the
State of Georgia. Such insurance policies shall be placed with insurers) with an A.M. Best
Policyholder's rate of no less than -A-- and with a financial rating of Class VI I or greater.
(4) Verification of Coverage: Upon request. Contractor shall furnish to City for Cite approval
certificates of insurance and endorsements to the policies evidencing all coverage acquired
by this Agreement prior to the start of work.
(5) Contractors Dut• to Provide Notice of Reduction in Coverage: Contractor shall provide
%%Tittcn notice to City at least thirty (30) days prior to any reduction. suspension, voiding, or
cancellation of coverage. Contractor shall require the same notice to the City in all
subcontractor contracts.
(6) Subcontractors: Contractor shall either (1) ensure that its insurance policies (as described
herein) cover all subcontractors and the Work performed by such subcontractors or (2)
ensure that any subcontractor secures separate policies covering that subcontractor and its
Work. All coverage for subcontractors shall be subject to all of the requirements stated in
this Agreement. including, but not limited to, naming the Insured Parties as additional
insureds.
(7) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at
least six (6) years after termination or final payment under the Agreement. whichever is
later, and have an effective date which is on or prior to the Effective Date.
E. Licenses. Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain
all diplomas, certificates, licenses, permits or the like required by any national, state, regional. City. and local
boards, agencies. commissions. committees or other regulatory bodies to perforin the Work. Contractor shall
comply with applicable legal requirements and meet the standard of quality ordinarily expected of its profession.
F. Ownership of Work: All reports. drawings. specifications. and other items prepared or in the process of being
prepared for the Work by Contractor ("materials) shall be the property of the City and the City shall be entitled to
full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the
City and Contractor agrees to execute any additional documents necessary to evidence such assignment.
G. Contractor's Representative: John Yoder shall be authorized to act on Contractor's behalf with respect
to the Work as Contractor's designated representative
H. Confidentialitl: Contractor acknowledges that it may receive confidential information of the City and that it
will protect the confidentiality of any such confidential information and will require any of its subcontractors,
consultants. and/or staff to likewise protect such confidential information. Contractor acknowwlcdges that City's
disclosure of documentation is governed by Georgia's Open Records Act, and Contractor further acknowledges that
if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records
confidential. Contractor must submit and attach to such records an affidavit affirmatively declaring that specific
information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10 of the Georgia
Code. and the Parties shall follow the requirements of O.C.G.A. ti 50-18-72(a)(34) related thereto.
1. Meetings: Contractor shall meet with City's personnel or designated representatives to resolve technical or
contractual problems that may occur during the tern of the contract, at no additional cost to Cite
J. HIPAA: Contractor shall operate in compliance with the Health Insurance Portability and Accountability Act, as
well as all other federal, state and local laws. ordinances and regulations.
K. Execution. The individual executing this document on behalf of the Contractor hereby warrants and certifies.
under penalty of fraud, that they arc duly authorised to execute this Agreement on behalf of the Contractor.
L. Ethics Code, Conflict of Interest: Contractor agrees that it shall not engage in any activity or conduct that would
result in a violation of the Cite of Milton Code of Ethics or any other similar lacy or regulation. Contractor certifies
that to the best of its knowledge no circumstances exist which will cause a conflict of interest in perfonning the
Work. Should Contractor become aware of any circumstances that may cause a conflict of interest during the Tcrm
of this Agreement. Contractor shall immcdiately notify City. if Cite dctennines that a conflict of interest exists.
Cite may require that Contractor take action to remedy the conflict of interest or terminate the Agreement "ithout
liability. Cite shall have the right to recover any fees paid for services rendered by Contractor when such services
were performed while a conflict of interest existed if Contractor had knowledge of the conflict of interest and did
not notify Cihv within five (i) business days of becoming aware of the existence of the conflict of interest.
Contractor and Citv acknowledge that it is prohibited for any person to offer. give. or agree to give an Cihv
employee or official. or for any Cite 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 anv oilier advisory capacity in any proceeding or application. request for ruling. determination. claim or
controversy. or other particular matter. pertaining to any program requirement or a contract or subcontract, or to any
solicitation or proposal therefor. Contractor and City further acknowledge that it is prohibited for any paynhcnt.
gratuity. or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime
Contractor or higher tier sub -consultant. or any person associated therewith. as an inducement for the a\%ard of a
subcontract or order.
M. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-29. if the Agreement requires the
Contractor to prepare. develop, or draft specifications or requirements for a solicitation (including bids, requests for
proposals_ procurement orders_ or purchase orders) or to sen•c in a consultative role during a bid or proposal
evaluation or negotiation process: (a) the Contractor shall avoid an appearance of impropriety and shall follow all
ethics and conflict-of=interest policies and procedures of the CWY. (b) the Contractor shall immediately disclose to
the Cite any material transaction or relationship, including, but not limited to, that of the Contractor, the
Contractor's cmployccs. or the Contractor'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
anv material transaction or relationship subsequcntl}- discovered during the pendency of the Agreement; and (c) the
Contractor agrees and acknoa-ledges that any violation or threatened violation of this paragraph may cause
irreparable injury to the Cite. entitling the City to seek injunctive relief in addition to all other legal remedies
Section 7. Termination: The Cite may terminate this Agreement for convenience at any time upon written
notice to Contractor. Provided that no damages are due to the Cite for Contractors breach of this Agreement. the
City shall pay Contractor for Work performed to date in accordance with Section i herein.
Section 8. Miscellaneous
4
A. Governine Law. This Agreement shall be governed by the laws of the State of Georgia.
B. Counterparts. This Agreement may be executed in any number of counterparts. each of which shall be deemed
to be an original, but all of which together shall constitute one and the same instrument.
C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's
sovereign immunity or any individual's qualified good faith or official immunities.
D. Employment of Unauthorized Aliens Prohibited.
(1) E -Verify Affidavit
It is the police of the Cite of Milton that unauthorized aliens shall not be employed to perform %%ork on City
contracts involving the physical performance of services. Therefore, the City shall not enter into a contract
for the physical performance of scn-iccs within the State of Georgia unless:
(1) the Contractor shall provide evidence on Cite -provided forms. attached hereto as Exhibits "C" and
"D" (affidavits regarding compliance with the E-VeriR- program to be sworn under oath under
criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractors
subcontractors have conducted a verification. under the federal Employment Eligibility Verification
("EEV" or '`E -Verify") program, of the social security numbers, or other identifying information
now or hereafter accepted by the E-Vcrifj- program. of all cmplovccs who kill perform work on the
City contract to ensure that no unauthorized aliens will be emplo}•ed. or
(2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed
pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date
when tic contract for scn-ices is to be rendered.
The Contractor hereby verifies that it has. prior to executing this Agreement, executed a notarized affidavit.
the form of which is provided in Exhibit "C''. and submitted such affidavit to City or provided the City \%ith
evidence that it is not required to provide such an affidavit because it is licensed and in good standing as
noted in subsection (2) above. Further. Contractor hereby agrees to comply with the requirements of the
federal Immigration Reform and Control Act of 1986 CIRCA), P.L. 99-603, O.CG.A. ti 13-10-91 and Rule
-,00-10-1-.02.
In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered
contract. the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's
compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractors execution of the
subcontractor affidavit_ the form of which is attached hereto as Exhibit "D", which subcontractor affidavit
shall become part of the contractor/subcontractor agreement_ or evidence that the subcontractor is not
required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2)
above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed cope to the City
within five (5) business days of receipt from any subcontractor.
Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or
his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractors
subcontractors' verification process at any time to determine that the verification was correct and complete.
The Contractor and Contractor's subcontractors shall retain all documents and records of their respective
verification process for a period of five (i) vicars following completion of the contract. Further. where
Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91. the City Manager or his/her
designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or
Contractor's subcontractors employ unauthorized aliens on City_ contracts. By entering into a contract with
the City. the Contractor and Contractor's subcontractors agree to cooperate with anv such investigation by
making their records and personnel available upon reasonable notice for inspection and questioning. Where
a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City
Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's
failure to cooperate with the investigation may be sanctioned by termination of the contract. and the
Contractor shall be liable for all damages and delays occasioned by the Cite thcrebv.
Contractor agrees that the employee -number categon- designated below is applicable to the Contractor.
Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 1 3-10-91. 1
500 or more employees.
100 or more employees.
x Fewer than 100 employees.
Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in
connection with this Agreement and %%here the subcontractor is required to provide an affidavit pursuant to
O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractors) such subcontractor(s') indication
of the above cmploycc-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 conforniity %N ith those laws.
E. Nondiscrimination. In accordance %Kith Title VI of the Civil Rights Act. as amended, 42 U.S.C. § 2000d. section
303 of the Age Discrimination Act of 1975. as amended, 42 U.S.C. a 6102, section 202 of the Americans with
Disabilities Act of 1990. 42 U.S.C. § 12132. and all other provisions of Federal lax%. the Contractor agrees that.
during performance of this Agreement. Contractor, for itself. its assignees and successors in interest, will not
discriminate against an employee or applicant for employment. any subcontractor, or any supplier because of race,
color, creed, national origin. gender. age or disability. In addition. Contractor agrees to comply with all applicable
implementing regulations and shall include the provisions of this section in every subcontract for sen -ices
contemplated under this Agreement.
F. 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.
G. 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) personal)- 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 pan by Nvritten notice in
accordance herev ith.
NOTICE TO CITY shall be sent to
Procurement Manager
Cite of Milton. Georgia
2006 Heritage Walk
Milton, Georgia 30004
NOTICE TO CONTRACTOR shall be sent to
SiteMed North America. LLC
112 Don moor Court
Garner. NC 27529
r:
[SIGNATURES ON FOLLOWING PAGE
CONTRACT R: SITEM
Signature: ,TH AMERICA, LLC
Print Name: Vanessa FI es -Watson
Title: Mcmbcr/Manager (LLC)
Attest/Witness:
Signature: Lk 04_
Print Name: V i �b _ . go e
Title: Nin - V-zS WCAN`fe, t�SSisl p
CITY OF MILTON, GEORGIA
Bv: Joe Lockwood, Mavor
CITY SEALI
Attest:
Signature:
Print Namc: Sudic Gordon
Title: Cite Clerk
Approved as to form:
Citi• Attorney
EXHIBIT
T ice"' "A"
M I LTO N�t
ESTABLISIIED 2006
CITY OF MILTON REQUEST FOR PROPOSALS
(THIS IS NOT AN ORDER)
RFP Number:
20-FDO1
RFP Title:
Fire -Rescue Physical Evaluations
Due Date and Time:
October 8, 2019 Number of Pages: 51
Local Time: 2:00 PM
ISSUING DEPARTMENT INFORMATION
Issue Date: September 5, 2019
City of Milton
Phone: 678-242-2601
Fire -Rescue Department
Fax: n/a
750 Hickory Flat Rd
Website: www.cityofmiltonaa.us
Milton, GA 30004
2006 Heritage Walk
INSTRUCTIONS TO CONSULTANTS
Return Proposal to:
Mark Face of Envelope/Package:
Offeror Phone Number:
RFP Number: 20-FDO1
City of Milton
Name of Company or Firm
Attn: Honor Motes, Purchasing Office
Special Instructions:
2006 Heritage Walk
Deadline for Written Questions
Milton, GA 30004
September 16, 2019
Email questions to Honor Motes at
honor.motes@citvofmiltonaa.us
IMPORTANT: SEE STANDARD TERMS AND CONDITIONS
OFFEROS MUST COMPLETE THE FOLLOWING
Offeror Name/Address:
Authorized Offeror Signatory:
Please print name and sign in ink
Offeror Phone Number:
Offeror FAX Number:
Offeror Federal I.D. Number:
Offeror E-mail Address:
OFFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
2006 Heritage Walk Milton, GA 30004 P: 678.242.2500 I F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us
CfhIV] F�
i •"
Offeror's RFP Checklist
Disclosure Form
Proposal Letter
Contractor Affidavit and Agreement (eVerify)
Schedule of Events
Section 1: Project Overview and Instructions
Section 2: RFP Standard Information
Section 3: Scope of Services
Section 4: Professional Proposals
Section 5: Cost Proposal
Section 6: Evaluation Criteria
Section 7: Standard Contract Information
Sample Standard Contract
The 10 Most Critical Things to Keep in Mind When Responding to an RFP for the City of Milton
1. Read the entire document. Note critical items such as: mandatory requirements;
supplies/services required; submittal dates; number of copies required for submittal; funding
amount and source; contract requirements (i.e., contract performance security, insurance
requirements, performance and/or reporting requirements, etc.).
2. Note the procurement officer's name, address, phone numbers and e-mail address. This is
the only person you are allowed to communicate with regarding the RFP and is an excellent
source of information for any questions you may have.
3. Attend the pre -qualifications conference if one is offered. These conferences provide an
opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify
the City of any ambiguities, inconsistencies, or errors in the RFP.
4. Take advantage of the "question and answer" period. Submit your questions to the
procurement officer by the due date listed in the Schedule of Events and view the answers given
in the formal "addenda" issued for the RFP. All addenda issued for an RFP are posted on the City's
website at http://www.cityofmiltonga.us will include all questions asked and answered concerning
the RFP.
5. Follow the format required in the RFP when preparing your response. Provide point -by -
point responses to all sections in a clear and concise manner.
6. Provide complete answers/descriptions. Read and answer all questionsand
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 RFPdocument again to make sure that you have addressed all
requirements. Your original response and the requested copies must be identical and be
complete. The copies are provided to the evaluation committee members and will be used to
score your response.
10. Submit your response on time. Note all the dates and times listed in the Schedule of
Events and within the document and be sure to submit all required items on time. Late submittal
responses are never accepted.
This checklist is provided for assistance only and should not be submitted with Offeror's response.
4 1 RFP 20-FDOI
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
Name and the official position of the Milton Official to whom the campaign contribution
was made (Please use a separate form for each official to whom a contribution has been
made in the past two (2) years.)
List the dollar amount/value and description of each campaign contribution made over
the past two (2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value
Description
Please list any family member that is currently (or has been employed within the last 12
months) by the City of Milton and your relation:
5 1 RFP 20-FDOI
HOMEMILTO-NIr
LSTARLISIILD 00(l
City of Milton
RFP# 20-FDO1
PROPOSAL LETTER
MUST BE RETURNED WITH PROPOSAL
We propose to furnish and deliver any and all of the deliverables and services named in
the Request for Proposal (20-FD01) Fire -Rescue Physical Evaluations.
It is understood and agreed that we have read the City's specifications shown or
referenced in the RFP and that this proposal is made in accordance with the provisions
of such specifications. By our written signature on this proposal, we guarantee and certify
that all items included meet or exceed any and all such City specifications. We further
agree, if awarded a contract, to deliver goods and services which meet or exceed the
specifications. The City reserves the right to reject any or all proposals, waive
technicalities, and informalities, and to make an award in the best interest of the City.
PROPOSAL SIGNATURE AND CERTIFICATION
I understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of
the proposal and certify that I am authorized to sign for my company. I further certify that
the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have
not been violated and will not be violated in any respect.
Authorized Signature
Print/Type Name
Print/Type Company Name Here
Date
6 1 RFP 20 -FDO]
HM I LTO Nl�
s m F) moo
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:
eVerify Number
Date of Authorization
Name of Contractor
Fire -Rescue Physical Evaluations
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury
that the foregoing is true and correct.
Executed on 201 in (city),
(state).
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer
or Agent
SUBSCRIBED AND SWORN BEFORE ME ON
THIS THE DAY OF 201_.
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
7 1 RFP 2O-FD0|
Task
Date
Issue RFP
September 5, 2019
Deadline for Questions
September 16, 2019 by 5:00 p.m. EST
Answers Posted by the City
On or about, September 19, 2019
Proposals Due
By 2:00 p.m. EST on October 8, 2019
Award Contract
November 4, 2019 (proposed)
nrli
1111 Lei I A
The City of Milton Fire -Rescue Department is looking for a provider to deliver pre-
employment physicals, annual medical examinations, and other added services.
Responding Offerors must be capable of providing all the services required to be
considered responsive. Offerors may partner with another entity in orderto
provide the full range of services under one vendor. All Offerors must comply with
all requirements of the RFP information and instructions enclosed herein.
1.1 SINGLE POINT OF CONTACT
From the date this Request for Proposals (RFP) is issued until a Contractor 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, Procurement Manager
Address: 2006 Heritage Walk, Milton, GA 30004
Telephone Number: 678-242-2507
E-mail Address: honor.motes@cityofmiltonga.us
1.2 REQUIRED REVIEW
A. Review RFP.
Offerors should carefully review the instructions; mandatory
requirements, specifications, standard terms and conditions, and
standard contract set out in this RFP and promptly notify the
procurement office identified above via e-mail of any ambiguity,
inconsistency, unduly restrictive specifications, or error which they
discover upon examination of this RFP.
B. Form of Questions.
Offerors with questions or requiring clarification or interpretation of any
section within this RFP must submit their questions in writing via email to
the procurement office referenced above on or before 5 P (EST) on
September 16, 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.
9 1 RFP 18-FDOI
The City will provide an official written answer to all questions on or about
September 19, 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 Professionals submitting a response
to this RFP.
E. Mandatory Requirements.
To be eligible for consideration, an Offeror must meet the intent of all
mandatory requirements. 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.
1.4 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 (eVerify)
5. Technical Proposal:
a. No more than twelve (12) two sided pages (six pages if
double sided)
1. Cover page (s), table of contents, tabs, and required
forms do not count toward the page limit
b. Minimum of l 1 -point font
c. Stapled or spiral -bound. No binders
Each Technical Proposal Shall Contain:
a. Certifications:
• Board -Certified Physician
® Physician and staff must be licensed to practice in the
State of Georgia
b. Experience:
® It is desirable that the applicant have at least five (5)
years' experience managing a NFPA 1582 compliant
firefighter medical evaluation program.
c. Knowledge:
® Essential job tasks and requirements of firefighters
® National Fire Protection Association (NFPA). 1582,
Standard on Comprehensive Occupational Medical
Program for Fire Departments (Current Edition)
® 29 CFR. Part 1910.120 (Hazardous Materials Response)
® 29 CFR Part 1910.134 (Respiratory Protection)
® 29 CFR Part 1910.1030 (Bloodborne Pathogens)
® 29 CFR Part 1910.95 (Occupational Noise Exposure)
d. Pricing (See Section 5.0)
M
6. Applicable Addenda Acknowledgement Forms (if necessary)
Offerors must organize their proposal into sections that follow the format of
Section 1.4 and Section 5.0.
B. Failure to Comply with Instructions.
Offerors failing to comply with these instructions may be subject to point
deductions. The City may also choose to not evaluate, may deem
non-responsive, and/or may disqualify from further consideration
any qualifications that do not follow this RFP format, are difficult to
understand, are difficult to read, or are missing any requested
information.
C. Copies Required and Deadline for Receipt of Proposals.
One original and three (3) copies of each submittal (plus a CID 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,
October 8, 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
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.
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..
2.3 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.
.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 AICD PUBLIC INSPECTION
A. Public Information.
All information received in response to this RFP, including copyrighted
material, is deemed public information and will be made available for
public viewing and copying after the time for receipt of qualifications
has passed, and the award has been made, with the following four
i
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 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. EvaluationofProposals.
The evaluation committee will evaluate the remaining proposals and
recommend whether to award the contract to the highest scoring
Offeror or, if necessary, to seek discussion/negotiation in order to
determine the highest scoring Offeror. All responsive proposals will be
evaluated based on stated evaluation criteria. In scoring against
stated criteria, the City may consider such factors as accepted
industry standards and a comparative evaluation of all other qualified
RFP responses. These scores will be used to determine the most
advantageous offering to the City.
D. Completeness of Proposals.
Selection and award will be based on the Offeror's proposals and other
items outlined in this RFP. Submitted responses may not include
references to information Located elsewhere, such as Internet websites or
libraries, unless specifically requested. Information or materials
presented by Offerors outside the formal response or subsequent
discussion/negotiation, if requested, will not be considered, will have
no bearing on any award, and may result in the Offeror being
disqualified from further consideration.
E. Opportunity for Discussion/Negotiation and/or Oral
Presentation/Product Demonstration.
After receipt of all proposals and prior to the determination of the
award, the City may initiate discussions with one or more Offerors
should clarification or negotiation be necessary. Offerors may also be
required to make an oral presentation and/or product demonstration
to clarify their RFP response or to further define their offer. In either case,
Offerors should be prepared to send qualified personnel to Milton,
Georgia to discuss technical and contractual aspects of the
submittal. Oral presentations and product demonstrations, if requested,
shall be at the Offeror's expense.
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.
2.4 RIGHTS RESERVED
While the City has every intention to award a contract as a result of this RFP,
issuance of the RFP in no way constitutes a commitment by the City of Milton
to award and execute a contract. Upon a determination such actions would
be in its best interest, the City, in its sole discretion, reserves the right to:
1. Modify, cancel or terminate this RFP,
2. Reject any or all proposals received in response to this RFP,
3. Select an Offeror without holding interviews,
4. Waive any undesirable, inconsequential, or inconsistent provisions of this
RFP which would not have significant impact on any submittal,
5. To request further documentation or information, and to discuss a RFP
submittal for any purpose in order to answer questions or to provide
clarification,
6. 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.
� : �7c77sI11T�7
The City of Milton Fire -Rescue Department is looking for a provider to deliver pre-
employment physicals, annual medical examinations, and other added services
as described below. Responding Offerors must be capable of providing all the
services required in the scope of work to be considered responsive. Offerors may
partner with another entity in order to provide the full range of services under one
vendor.
Due to the nature of the services required, providers must have the ability to
deliver the annual medical evaluations in Milton, Georgia at the Milton Fire
Rescue's designated location. Pre-employment physicals should be conducted
in Milton or at a facility in close proximity to Milton, Georgia whenever possible.
Changes to terms described in the Scope of Services may be required during the
contract period and will be renegotiated with the selected Offeror as necessary.
All payments for services will be with contracted Offeror. Payment to any
partnerships or agreements with specialized providers will be the responsibility of
the contracted Offeror. Services must then be invoiced to the City of Milton Fire
Department. Additional providers utilized to perform services may not bill the City
or Its' employees directly.
The leading causes of firefighter injuries and fatalities are cardiovascular disease,
cancer and behavior health issues. The goal of the Milton Fire -Rescue Department
is to provide a comprehensive medical and physical evaluation designed to help
prevent and detect any health-related issues early on for a more positive outlook
for our firefighters. Vendors may add other service offerings in the quote deemed
beneficial to the health and wellness of our firefighters and that would assist the
department meeting the overall goal of ensuring the wellbeing of our firefighters
(please itemize the per unit cost of each of the additional services
recommended).
Current Milton Fire -Rescue Employees:
On an annual basis, the provider will conduct medical examinations for minimum
of 61 employees using a Board -Certified Physician who has knowledge of the
essential job tasks, the necessary experience related to the requirements of a
firefighter position. In determining medical certification for firefighters, the
provider must follow national standards and federal regulations as appropriate
17 1 IRFP 18-FD01
and sign a medical certification form. These standards and regulations include,
but are not limited to
® National Fire Protection Association (NFPA) 1582, Standard on
Comprehensive Occupational Medical Program for Fire Departments
(Current Edition)
® 29 CFR Part 1910.120 (Hazardous Materials Response)
29 CFR Part 1910.134 (Respiratory Protection)
® 29 CFR Part 1910.1030 (Bloodborne Pathogens)
® 29 CFR Part 1910.95 (Occupational Noise Exposure)
The provider will be expected to administer the annual medical examinations
over a mutually agreed time period during the first four (4) months of each year
and continue until all personnel have been examined and results reviewed with
the employee.
The provider will supply all required paperwork, medical test equipment and
supplies necessary to complete the required testing and examinations. Only
medical tests necessary to determine medical clearance will be paid for by the
City. Any follow-up medical diagnosis and treatment are the sole responsibility of
the employee.
The provider will forward the Fire Chief or designee a signed and dated medical
clearance form for each employee examined, identifying the employee has
received medical clearance to perform the required duties. The signed and
completed medical certification must be returned to the department after the
examinations are completed and a determination is made on the medical
condition. The department shall be notified immediately of any employee that
will not be certified.
In addition to the normally scheduled annual medical clearance examination,
Milton Fire -Rescue employees who are suspected of having a change in their
medical condition may be referred to the provider for further medical
examination and/or tests.
New Firefighters:
Pre -hire employee physicals must be completed, and medical certifications
issued prior to a final job offer. They will be conducted in the some manner as
described above. Results must be submitted within five (5) business days or
sooner.
Annual physical assessments and new hire physical assessments shall be
conducted in a two-phase process.
® Phase I Collect paperwork, gather all blood work and administer
testing.
• Phase II - Medical Provider on-site for physical exam and one on one
consultation.
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.
4.0 CITY'S RIGHT TO INVESTIGATE
The City may make such investigations as deemed necessary to determine
the ability of the Professional to provide the supplies and/or perform the
services specified.
4.1 PROFESSIONAL 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.
U " �
MILTON
ESTABLISI ILD 1006
SECTION 5: COST PROPOSAL - (5) PAGES
MUST BE RETURNED WITH PROPOSAL - SEPARATE 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 Offeror, 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 proposal 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 Offeror for the total contract price of:
Print/Type Company Name Here:
Authorized Signature Date
Print/Type Name
Print/Type Title
**Complete and Submit Cost Proposal Sheets Below **
20 1 RFP 18-FDO1
M I LTO NI't
ESTABLISHED 2006
COST PROPOSAL SHEET
Must be Returned with Proposal in Separate Sealed Envelope
SCOPE OF WORK (BASIC PROGRAM COVERED BY THE CITY)
Firefighter Medical Evaluation Program must meet OSHA 29 CFR 1910.95, 1910.134,
1910.120. 1910.1030. NFPA 1582, and shall include:
Include a per firefighter fee for the listed services below excluding the additional
services.
• Comprehensive Medical History - All necessary forms shall be provided by the
vendor
• Medical Examination - Comprehensive physical exam includes: head, eyes,
ears, nose, throat, neck, heart, lungs, gastrointestinal, genitourinary, lymph
nodes, musculoskeletal, skin, neurological and hernia check.
• Vitals - Height, Weight and Blood Pressure
• Comprehensive Lab Analysis - Chemistry Screen, CBC, Lipid Panel, Thyroid and
Urinalysis
• PPD Skin Test for Tuberculosis/ Qua ntiFERON TB Gold Test -in case of a previous
positive PPD
• Body Composition - Bio Impedance Analysis (BIA)
• Pulmonary Function Testing (PFT)
• Vision Exam
• Audiometer Hearing Test
• EKG - 12 -lead resting electrocardiogram
• WFI Submaximal Graded Treadmill Evaluation - to evaluate aerobic capacity
(per NFPA 1582 C.2.1.3)
21 1 RFP 18-FDC11
® Jackson System Strength Testing - Muscular Strength:. includes grip, leg and arm
strength (per NFPA 1582 C.2.1.5, C2.1,6 & C 2.1.7) or Vertical Jump Assessment
(per NFPA 1582 C.2.1.8 )
Flexibility: sit & reach (per NFPA 1582 C.2.1.12)
• Muscular Endurance: push-up & static plank (per NFPA 1582 C.2.1.9 & C.2.1.1 1)
• One-on-one consultation with licensed medical provider
® Copy of results and interpretationsprovidedto each firefighter in sealed
envelope
® Clearance letters provided within 5 days of the physical examination if there
are no medical issues requiring follow up
® Department Summary Report including relevant averages, ranges, and annual
comparison statistics
Chemist Screen:
•
Glucose
•
Total Protein
•
Sodium
•
Albumin
•
Potassium
•
Globulin
•
Chloride
•
Albumin/Globulin Ratio
•
Urea Nitrogen (BUN)
•
Total Bilirubin - Liver Function
•
eGFR
•
Direct Bilirubin
•
BUN/Creatinine ratio
®
Alkaline Phosphatase - Liver Function
•
Uric Acid
®
Gamma -GT
•
Inorganic Phosphorus
•
AST (SGOT)
•
Calcium
•
ALT (SGPT)
•
Iron (TIBC)
•
LDH - Heart Enzyme
Iff
• Triglycerides
• Cholesterol, Total
• HDL -High Density Lipoprotein Cholesterol
• LDL -Low Density Lipoprotein Cholesterol
• VLDL -Very Low Density Lipoprotein Cholesterol
• Cholesterol / HDL -Cholesterol
• Estimated Coronary Heart Disease Risk
22 1 RFP 18-FDOI
Urinalysis:
• Color
® Ketones
• Appearance
• Occult blood
• Specific gravity
® Leukocyte esterase
• pH
• Nitrite
• Protein
• Bilirubin
• Glucose
• Urobilinogen
• Microscopic examination of urine sediment
• Basos
Thyroid:
-
• Thyroid -stimulating Hormone (TSH)
Complete Blood Count (CBC):
• White Blood Count (WBC)
• Hemoglobin
• Red Blood Count (RBC)
• Mean Corpuscular Volume (MCV)
• Hemafocrit
• Mean Corpuscular Hemoglobin (MCH)
• Platelets
• Mean Corpuscular Hemoglobin Concentration
• Lymphs
(MCHC)
• Monocytes
• Polymorphonuclear Neutrophils (Polys)
• Eos
• Basos
Behavioral Health Assessments
• Behavioral Health Resources
• Access to Nationally Recognized Board of Behavioral Health Experts
• Evidence Based Assessment and Screenings
• Sleep Disturbance and Mental Health Questionnaires
3310muim=
Other Blood & Lob Tests that will be Covered by the City with Certain Restrictions. These will be
considered additional services and will need to be priced individually.
• Ovarian Cancer Screening (CA -125) -female
• PSA screening - male (Over 40 y/o)
® Calcium Scoring CT Scan (Over 40 y/o & once every 5 yrs.)
MENMEMA
1 1111111111111
ADDITIONAL SERVICES (AVAILABLE TO THE EMPLOYEE AT THEIR OWN EXPENSE)
Fees should be in addition to the above basic program cost. Additional services at
Firefighter's expense. List price for each of the additional requested services.
- Ovarian Cancer Screening (CA -125) female
PSA Screening Male (Over 40 y/o)
- Calcium Scoring CT Scan (Over 40 y/o)
Chest X -Ray - minimum required
$ - Vision - Titmus color blindness, visual acuity and depth perception
- Hepatitis B vaccines Injections
- Influenza Vaccination
$ - NMR Particle Test
$ - Fecal Occult Blood Screening (>40 y.o.)
Blood typing (ABO grouping & Rho -D)
- Hepatitis B Antibody Screening (Titer Test)
$ - Hepatitis C Screening
- HIV - Screening
- CRP (C -Reactive Protein)
- Hemoglobin Al C
- Echocardiogram (Heart Ultrasound)
$ - Aorta and Aortic Valve Ultrasounds
- Carotid Arteries Ultrasound with CIMT Calculation
- Thyroid Ultrasound
$ - Liver, Gall Bladder, Spleen, & Kidney Ultrasounds
$ - Bladder Ultrasound
- Pelvic Ultrasounds for Women (Ovaries and Uterus)
- Prostate and Testicular Ultrasounds for Men
- Blood Test for Early Cancer Detection (example; One Test)
24 1 RFP 18 -FDO]
.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
considerations Listed below:
TechnicalQualifications: The evaluation committee will review and rank the
technical merit portion of proposals based on experience, qualifications, and past
performance. (70 pts)
Cost Proposal: Cost proposals will only be considered for the shortlisted firms from
the technical evaluation. Prices of optional products or services offered beyond
those specified in this RFP will not be used in the price comparisons and scoring, so
that additional offerings will not work against you. (30 pts)
• - r .. of .
1. Interviews and Product Demonstration
If applicable, short-listed Offerors will be invited to make a presentation to the City of
Milton.
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.
7.0 STANDARD CONTRACT
The City's standard contract is attached to this document as Appendix A. Offeror
25 1 RFP 18-FDOI
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 Offerors 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.
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 sub -contractors. All sub-
contractors, if any, must be listed in the proposals. The City reserves the right to
approve all sub -contractors. The Contractor shall be responsible to the City for the
acts and omissions of all sub -contractor or agents and of persons directly or
indirectly employed by such sub -contractor, and for the acts and omissions of
persons employed directly by the Contractor. Further, nothing contained within this
document or any contract documents created as a result of any contract awards
derived from this RFP shall create any contractual relationships between any
subcontractor and the City.
7.3 GENERAL INSURANCE RE UIRE ENTS
See sample contract.
7.4 COMPLIANCE WITH ORIS' COMPENSATION ACT
The Contractor 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
Contractor 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.
26 1 RFP 18 -FDO]
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 Contractor must, in performance of work under this contract, fully comply with
all applicable federal, state, or local laws, rules and regulations, including the Civil
Rights Act of 1964, the Age Discrimination Act of 1975, the Americans with
Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Any
subletting or sub -contracting by the Contractor subjects sub -contractors to the
same provision. The Contractor agrees that the hiring of persons to perform the
contract will be made on the basis of merit and qualifications and there will be no
discrimination based upon race, color, religion, creed, political ideas, sex, age,
marital status, physical or mental disability, or national origin by the persons
performing the contract.
7.6 CONTRACT TERMINATION
See sample contract.
P?
EXHIBIT "B"
MILTONIIIP6
ES._SHED 2(X)6
CITY OF MILTON REQUEST FOR PROPOSALS
(THIS IS NOT AN ORDER)
RFP Number:
20-FDO1
RFP Title:
Fire -Rescue Physical Evaluations
Due Date and Time:
October 8, 2019 Number of Pages: 51
Local Time: 2:00 PM
ISSUING DEPARTMENT INFORMATION
Issue Date: September 5, 2019
City of Milton Phone: 678-242-2601
Fire -Rescue Department Fax: n/a
750 Hickory Flat Rd Website: www.citvotmilton-go.us
Milton, GA 30004
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: 20-FDO1
Name of Company or Firm
Special Instructions:
Deadline for Written Questions
September 16, 2019
Email questions to Honor Motes at
honor. motes@cityofmiltonaa.us
IMPORTANT: SEE STANDARD TERMS AND CONDITIONS
OFFEROS MUST COMPLETE THE FOLLOWING
Offeror Name/Address:
Ault orized ro Sign' ory:
SiteMed North America LLC
t`/\
1634 White Circle, Ste. 101
Vanessa FI s-Watspn, COO
Marietta, GA 30066
Please print name and si n in ink
Offeror Phone Number:
Offeror FAX Number:
919-661-3779
877-875-8683
feror Federal I.D. Number:
Offeror E-mail Address:
vflores@sitemed.net
6-2516238
FFERORS MUST RETURN THIS COVER SHEET WITH RFP RESPONSE
r
2006 Heritage Wolk Milton. GA 30004 P: 678.242.2500 I F: 6!8.2422499 info(e;cityotmiltongG.uS I vrww.cityofmiltongo.us
5 1 RFP 20-FDOI
HOME OF•m1,. .._ ;. 1.,,.,-,.. __
M 1 LT 0 N 4!111t
FSrn�.i+ilEn lu;r�
City of Milton
RFP# 2041301
PROPOSAL LETTER
MUST BE RETURNED WITH PROPOSAL
We propose to furnish and deliver any and all of the deliverables and services named in
the Request for Proposal (20-FDO1) Fire -Rescue Physical Evaluations.
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 ourwritten signature on this proposal, we guarantee and certify
that all items included meet or exceed any and all such City specifications. We further
agree, if awarded a contract, to deliver goods and services which meet or exceed the
specifications. The City reserves the right to reject any or all proposals, waive
technicalities, and informalities, and to make an award in the best interest of the City.
PROPOSAL SIGNATURE AND CERTIFICATION
I understand collusive bidding is a violation of State and Federal Law and can result in
fines, prison sentences, and civil damage awards. I agree to abide by all conditions of
the proposal and certify that I am authorized to sign for my company. I further certify that
the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et. seq. have
not been violated and will not be violated in any respect.
Authorized Signatu
Print/Type Name
Vanessa Flores -Watson
9/23/2019
Print/Type Company Name Here SiteMed North America LLC
4 1 RFP 20-FDOI
MILTON'lt
ESTA5LISIIED 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 SiteMed North America
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.)
N/A
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
N/A
Description
N/A N/A
N/A N/A
Please list any family member that is currently (or has been employed within the last 12
months) by the City of Milfon and your relotion'
N/A N/A
N/A N/A
22 1 RFP 1 8-FDOI
COST PROPOSAL SHEET (continued)
Urinal sis•
• Color
. Ketones
• Appearance
• Occult blood
• Specific gravity
• Leukocyte esterase
• pH
• Nitrite
• Protein
• Bilirubin
• Glucose
. Urobilinogen
• Microscopic examination of urine sediment
• Basos
Thyroid: -
• Thyroid -stimulating Hormone (TSH)
Complete Blood Count (CBC):
• White Blood Count (WBC)
• Hemoglobin
Red Blood Count (RBC)
• Mean Corpuscular Volume (MCV)
. Hematocrit
. Mean Corpuscular Hemoglobin (MCH)
• Platelets
• Mean Corpuscular Hemoglobin Concentration
. Lymphs
(MCHC)
. Monocytes
. Polymorphonuclear Neutrophils (Polys)
. Eos
• Basos
Behavioral Health Assessments
Behavioral Health Resources
Access to Nationally Recognized Board of Behavioral Health Experts
Evidence Based Assessment and Screenings
• Sleep Disturbance and Mental Health Questionnaires
Basic Program Per Firefighter Price: $__370_00*
Basic Program Total Price for (61) Firefighters $_ 22.570.00*
Basic Program Total Price for (61) Firefighters in Words:
*This price includes PPD only; for those who need QuantiFERON instead the test is $95 each
this number has been around 5 out of the total 61 historically. See our price proposal
nttnched separately.
other Blood & Lab Tests that will be Covered by the City with Certain Restrictions. These will be
considered additional services and will need to be priced individually.
Ovarian Cancer Screening (CA -125) -female 35 y/o $30 each
PSA screening - male (Over 40 y/o) $25 each
• Calcium Scoring CT Scan (Over 40 y/o & once every 5 yrs.) $160 each
23 1 RFP 18-FDOI
COST PROPOSAL SHEET (continued)
ADDITIONAL SERVICES (AVAILABLE TO THE EMPLOYEE AT THEIR OWN EXPENSE)
Fees should be in addition to the above basic program cost. Additional services at
Firefighter's expense. List price for each of the additional requested services.
$_10.00 - Ovarian Cancer Screening (CA -125) female
$_25.00 - PSA Screening - Male (Over 40 y/o)
$_160.00 - Calcium Scoring CT Scan (Over 40 y/o)
$_L] 0.00 - Chest X -Ray - minimum required
$ 18.00 - Vision - Titmus color blindness, visual acuity and depth perception
$ 85.00 - Hepatitis B vaccines Injections
$_q5.00 - Influenza Vaccination
$ 45.00 - NMR Particle Test
$_18-00 - Fecal Occult Blood Screening (>40 y.o.)
$_17.00 - Blood typing (ABO grouping & Rho -D)
$ 27.00 - Hepatitis B Antibody Screening (Titer Test)
$ 27.00 - Hepatitis C Screening
$_55-00 - HIV -Screening
$ 15.00 - CRP (C -Reactive Protein)
$� - Hemoglobin Al C
$ TBD - Echocardiogram (Heart Ultrasound)
$ TBD - Aorta and Aortic Valve Ultrasounds
$ TBD - Carotid Arteries Ultrasound with CIMT Calculation
$ TBD - Thyroid Ultrasound
$ TBD - Liver, Goll Bladder, Spleen, & Kidney Ultrasounds
$ TBD - Bladder Ultrasound
$ TBD - Pelvic Ultrasounds for Women (Ovaries and Uterus)
$ TBD - Prostate and Testicular Ultrasounds for Men
$ N/A* - Blood Test for Early Cancer Detection (example; One Test)
*SiteMed and the Firefighter Cancer Research community recommend against these types of
tests; specifically the OneTest and IvyGene tests. We would only recommend these tests in very
specific circumstances for certain firefighters. We would strongly advise against using this as a
general screening test. We would rather have a discussion with the firefighter regarding their
specific cancer risk and help them weigh the pros and cons of these types of tests prior to
ordering them. We are happy to facilitate the use of these tests with that understanding but not
as a screening test without counseling and context.
TBD Ultrasounds - SiteMed has a partnership with a mobile imaging company that operates
nationwide, Mobilex, for ultrasounds. However, for them to join us for on-site testing, the Fire
Department would have to be the one paying for these services instead of the individual
firefighters.
If the individuals are the ones paying for the ultrasounds, SiteMed would have to find and
contract with a local imaging center where the individuals who choose to pay for these
services can go at their convenience with a SiteMed order form for the ultrasounds they
paid for online. We are currently working to find such a local provider, therefore, pricing is
not available for this option.
19 ) RFP 18-FDOI
MILTONIr
ESTABLISHED 2006
SECTION 5: COST PROPOSAL- (5) PAGES
MUST BE RETURNED WITH PROPOSAL - SEPARATE 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 Offeror, 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 proposal 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 Offeror for the total contract price of:
Print/Type Company Name H
Authorized Signa
Print/Type Name,
Med North America LLC
Vanessa Flores -Watson
Print/Type Title COO
09/23/2019
**Complete and Submit Cost Proposal Sheets Below **
— Please note the original price has been superseded by the negotiated price attached in Exhibit B —
Honor Motes, Purchasing Office
City of Milton
Fire -Rescue Department
750 Hickory Flat Rd.
Milton, GA 30004
October 3, 2019
Updated: November 6, 2019
Please find the attached proposal for your Fire -Rescue Physical Evaluations in response to your RFP
20-FD01. We have listed several key factors that differentiate us from other companies.
Detailed Executive Summary
SiteMed is a physician -owned health care company specializing in on-site NFPA 1582 firefighter medical
exams. Our comprehensive approach combines proven lifesaving screenings with one-on-one
personalized medical counseling.
Our medical providers have performed over 50,000 NFPA 1582 firefighter, HAZMAT, Police, EMS and fire
brigade exams, and have over 50 years combined experience with NFPA 1582 and OSHA
standards. SiteMed is an Equal Opportunity Employer and an E -Verify participant employer.
SiteMed uses state of the art equipment and trained experienced staff. Testing is done under NFPA,
OSHA, NIOSH and CAOHC procedures. We value your firefighter's privacy and maintain medical
confidentiality throughout the entire testing process.
The SiteMed Difference
We are a physician owned company.
Our physicians specialize in NFPA 1582 medical exams. They lecture and write articles on firefighter
health and wellness on the local, state and national level. They have performed over 50,000 NFPA 1582
Firefighter, Fire Brigade, EMS and HAZMAT exams. They understand the inherent medical risks
firefighters face, and know that a comprehensive NFPA 1582 firefighter evaluation program is the key to
keeping firefighters healthy and reducing your department's health care costs. What does this mean for
you? Consistency, Reliability, & Dependability.
Other companies owned by non -physicians will often hire temporary outside doctors who may not have
experience with firefighter physicals. We specialize in Occupational Medicine and firefighter exams; this is
what we do all day every day. Let us put our experience to work for you.
Our examination meets and can exceed the NFPA 1582 standard.
Other companies and clinics usually only perform portions of an NFPA 1582 exam or perform just an
OSHA 1910.156 exam that does not meet the requirements for NFPA 1582. OSHA 1910.156 is
commonly referred to as the Fire Brigade Standard, and is meant for companies that have Fire
Brigades manned by their employees, not for Fire Departments.
The SiteMed NFPA 1582 medical exam program meets and with optional specialized testing, can exceed
all aspects of the NFPA 1582 standard. We work with hundreds of departments, and our program has
been effective for large 1000+ member departments as well as small volunteer departments.
1634 White Circle - Suite 101 112 Donmoor Court
Marietta, GA 30066 Garner, NC 27529
SiteMediFire.com 1 Phone/Fax 888-837-4819
4'.11temcd
We come on-site to you.
We realize yearly exams can be a daunting process. By coming on-site, we are able to perform up to 25-
50 exams per day, and can usually perform all your physical exams in a short time period. We perform 4-
8 exams per hour, which greatly helps minimize time away from work. Typically, all we need is a
conference room and office to perform all of our testing. There is no need to sit and wait at an urgent
care, local clinic or hospital, which puts firefighters and trucks out of service for hours at a time. This
saves your department time, money and minimizes hassles related to annual physical exams.
We focus on prevention.
The purpose of a good wellness program is to enhance the health of your firefighters. It is not a punitive
process. Anyone can issue a clearance letter, but our focus is on preventing disease and improving
firefighter health and safety. This starts with a complete NFPA 1582 physical exam and our one-on-one
counseling.
We manage medical problems.
If medical issues are discovered, we coordinate with the firefighter and their personal physician to make
sure your employee is safe to perform The 13 Essential Job Tasks. We can usually keep your firefighters
working during this process until the issue is resolved. We are available 365 days a year to help you
manage and mitigate medical issues.
We care about your health.
As a physician owned company, we will customize your physical program to reflect your specific needs.
This means that we can include extras not offered by other companies such as cardiac CT scanning,
advanced genetic testing for heart disease and advanced cancer screenings.
We use a unique two-phase process.
We come on-site to collect labs several weeks prior to testing. That way when our providers meet with
your firefighters they have all the information in front of them including labs and medical history, just like
when they see their primary care physician. This means that during their individual one-on-one
counseling session; we can make health recommendations individualized to each person at the time of
the consultation.
Year round access.
What happens after the testing when you have a medical question? With SiteMed, you have year round
access to our Fire Department Doctors for medical consultations. There is no extra charge for this
service; it is part of our commitment to your department.
These are just a few of the benefits we can offer your department. Once you have had a chance to review
our proposal, please feel free to contact me with any questions you may have. Thanks for giving us the
opportunity to bid on this proposal. We look forward to working with you in the near future.
Vanessa Flores -Watson
cOO
The information contained in this proposal is confidential information intended only for the use of the individual or entity
named above. If the reader of this proposal is not the intended recipient, or the employee or agent responsible to deliver it
to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is
strictly prohibited. If you have received this proposal in error, please immediately notify. Thank you.
1634 White Circle - Suite 101 112 Donmoor Court
Marietta, GA 30066 Garner, NC 27529
SiteMedFire.com 2 Phone/Fax 888-837-4819
4.!i1temed
Firefighter Program meets OSHA 29 CFR 1910.95, 1910.134, 1910.120, 1910.1030, NFPA 1582
A. Medical Component per NFPA 1582 Chapters 6 & 7
• Comprehensive Medical History - All necessary forms will be provided
• Medical Examination - Comprehensive physical exam includes head, eyes, ears, nose, throat,
neck, heart, lungs, gastrointestinal, genitourinary, lymph nodes, musculoskeletal, skin,
neurological and hernia check. Screens for Skin, Thyroid, and Testicular Cancers.
• Vitals - Height, Weight and Blood Pressure
• Body Composition - Bio Impedance Analysis (BIA)
• Vision - Snellen (distance) screening
• Lab Analysis - Chemistry Screen, CBC, Lipid Panel, Thyroid and Urinalysis. Details on page 4.
• Hearing Test -audiogram using our Benson audiometers
• Pulmonary Function Testing (PFT)
• EKG - 12 -lead resting electrocardiogram
$285 per person
B. Fitness Component per NFPA 1582 Chapter 8
• WFI Submaximal Graded Treadmill Evaluation - to evaluate aerobic capacity (per NFPA 1582
C.2.1.3)
• Hand grip strength evaluation (NFPA 1582 C.2.1.5)
• Vertical Jump Assessment (NFPA 1582 C.2.1.8) or C.2.1.6 Leg Strength Evaluation
• Arm Strength Evaluation (NFPA 1582 C.2.1.7)
• Push-up muscle endurance evaluation (NFPA 1582 C.2.1.9)
• Prone Static Plank Core Stabilization Assessment (NFPA 1582 C.2.1.11)
• Sit and reach flexibility evaluation (NFPA 1582 C.2.1.12)
Additional $10 per person
C. SiteMed Value -Added Standard Components
• One-on-one consultation with licensed medical provider. Medical provider may be a physician,
physician's assistant or nurse practitioner
• Confidential copy of results and interpretations provided to each firefighter
• A physician evaluates all charts and issues the clearance letters which will be provided within 5
days of the physical examination if there are no medical issues requiring follow up
• Department Summary Report including relevant averages, ranges, and annual comparison
statistics
• Option to add additional laboratory / Studies. Details on pages 5 & 6.
1634 White Circle - Suite 101
Marietta, GA 30066
SiteMeffire.com
3
112 Donmoor Court
Garner, NC 27529
Phone/ Fax 888-837-4819
SIteM�i
SiteMed Lab Analysis
Chemistry Screen (Screens for Liver Cancer & Biliary Cancer)
Glucose
Sodium
Potassium
Chloride
Blood Urea Nitrogen
eGFR
Creatinine
BUN/Creatinine ratio
Uric Acid
Inorganic Phosphorus
Calcium
Iron
Lipids:
Total Protein
Albumin
Globulin
Albumin/Globulin Ratio
Total Bilirubin
Alkaline Phosphatase
Gamma -GT
AST (SGOT)
ALT (SGPT)
LDH
Triglycerides
Cholesterol, Total
HDL -High Density Lipoprotein Cholesterol
LDL -Low Density Lipoprotein Cholesterol
VLDL -Very Low Density Lipoprotein Cholesterol
Cholesterol / HDL -Cholesterol
Estimated Coronary Heart Disease Risk
Thyroid (Screens for Thyroid Cancer)
Thyroid -stimulating Hormone (TSH)
Urinalysis (sent out to lab, not dipstick)
(Screens for Bladder & Kidney Cancers)
Color
Ketones
Appearance
Occult blood
Specific gravity
Leukocyte esterase
pH
Nitrite
Protein
Bilirubin
Glucose
Urobilinogen
Microscopic examination of urine sediment
Complete Blood Count (CBC with Differential) (Screens for Lymphoma & Leukemia)
White Blood Count (WBC)
Red Blood Count (RBC)
Hematocrit
Platelets
RDW
Basos
Lymphs
Eos
Hemoglobin
Mean Corpuscular Volume (MCV)
Mean Corpuscular Hemoglobin (MCH)
Mean Corpuscular Hemoglobin Concentration (MCHC)
Monocytes
Polymorphonuclear Neutrophils (Polys)
1634 White Circle - Suite 101 112 Donmoor Court
Marietta, GA 30066 Garner, NC 27529
SiteMeffire.com 4 Phone/ Fax 888-837-4819
`�SneMWdn
Additional Services
These fees are in addition to the above basic program cost. If you would like to offer your firefighters
additional services at their expense, please have them visit our website at www.sitemedfire.com during
phase I and click on the "store" tab in the navigation menu for more information.
Chest X -Ray $110 per person
DOT Medical Cards $35 per person
Cumulative Stress Assessment $20 per person
Tuberculosis Skin Screening (minimum number required)* $25 per person
Hepatitis B Antibody Screening (Blood Test)
$27
per person
Hepatitis C Screening (Blood Test)
$27
per person
Varicella Antibody Screening (Blood Test)
$55
per person
Measles, Mumps, Rubella Screening (Blood Test)
$75
per vaccine
Hepatitis A Vaccine — 2 -dose series
$95
per vaccine
Hepatitis B Vaccine — 3 -dose series
$85
per vaccine
Tetanus/Diphtheria/Pertussis Vaccination
$65
per vaccine
Measles, Mumps, Rubella Vaccine
$85
per vaccine
Varicella Vaccine
$150 per vaccine
Influenza Vaccine — requires pre -booking
$35
per vaccine
Blood typing (ABO grouping & Rho -D)
HIV Screening (Blood Test)
CRP (C -Reactive Protein) - Marker of inflammation & possible cancer
Hemoglobin A1C - Diabetes screen
Cholinesterase, RBC — blood test (Haz-Mat teams)
Heavy Metals Blood Panel
(Haz-Mat teams: Arsenic, Mercury, Cadmium & Lead)
Blood and Urine Collection at LabCorp Facility
Testing recommended for 40 years old and over:
NMR Particle Test
Determines the # of High & Low Chol Particles
Coronary Calcium Scoring* not available at all locations
Used to detect hidden heart disease
Fecal Occult Blood Screening - Screens for Colon & Rectal Cancers
Ovarian Cancer Screening (CA -125) — female
PSA screening — males; screens for Prostate cancer
1634 White Circle - Suite 101
Marietta, GA 30066
SiteMedFire.com
$17 per person
$25 per person
$15 per person
$40 per person
$42 per person
$150 per person
$7.50 per person
$45 per person
$160 per person
$18 per person
$30 per person
$25 per person
112 Donmoor Court
Garner, NC 27529
Phone/ Fax 888-837-4819
iceM�i
AGREEMENT
The firefighter physical program includes the services listed on pages 3 & 4, technician(s) and medical
provider.
Phase 1 (blood draw) days 3 consecutive days up to 4 hours each day
Phase 2 (testing) days 3 consecutive days up to 6 hours each day
0 Medical and Fitness Component
Minimum number of exams 61 @ $295 each = $17,995
Optional Services:
See page 5, ex. NMR, PSA, etc.
Tuberculosis Skin Test (PPD)
QuantiFERON TB Gold Test
*If PPD is contraindicated
# 56 @ $25 each = $1,400
# 5 @ $95 each = $475
#61@$15each =$915
Behavioral Health Assessments # 61 @ $50 each = $3,050
Prostate Specific Antigen (PSA) males 30y.o.+ # 20 @ $25 each = $500
CA -125 females 35y.o. +
Coronary Calcium Scores 40y.o.+
*If not done within the last 5 years
TOTAL
# 2 @ $30 each = $60
# 5 @ $160 each = $800
= $25,195
Bloodwork will be drawn in the morning approximately 3-4 weeks prior to testing. Statistics will be
submitted in a timely manner following last day of testing.
Additional fees of $7.50 per person will apply for labs collected at LabCorp facility due to missed
appointments or absenteeism during Phase 1.
Program will be broken down as follows:
Phase 1: Laboratory specimen collection at your facility 3-4 weeks prior to Phase 2
Phase 2: All other services including physical exam
Billing of services is as follows:
1634 White Circle - Suite 101
Marietta, GA 30066
SiteMedFire.com
25% to be invoiced after Phase 1 is completed
75% to be invoiced after Phase 2 is completed
11
112 Donmoor Court
Garner, NC 27529
Phone/Fax 888-837-4819
AGREEMENT
Intentionally
Omitted
1634 White Circle - Suite 101 112 Donmoor Court
Marietta, GA 30066 Garner, NC 27529
SiteMedFire.com 7 Phone/Fax 888-837-4819
REFERENCES:
The following is a list of some of our most recent public safety jobs. I encourage you to contact our
clients listed to discuss the key differences in our services vs. our competitors.
• Atlanta Fire Rescue Department (GA) - Deputy Chief Chad Jones - 404-546-2601
CCJones@atlantaga.gov
• Marietta Fire Department (GA) - Commander Robert Moss - 770-794- 5460
rmoss@mariettaga.gov
• City of Smyrna (GA)- Chief Roy Acree - 770-434-6667
racree0ci.smyrna.ga.us
• Cartersville Fire Department (GA) - Chief Scott Carter - 770-387-5635
scarterCa cityofcartersville.org
• Cherokee Fire and Emergency Services (GA) - Chief Eddie Robinson - 770-889-4451
erobinson@)cherokeega.com
• Paulding County Fire/Rescue (GA) - Chief Joey Pelfrey - 404-867-2881
jpelfrey@paulding.gov
• Hinesville Fire Department (GA) - Captain Andy Fowler - 912-432-1463
afowler0)cityofhinesvil le.org
• Wake Forest Fire Department (NC) - Chief Ron Early - 919-556-1966
rea rly@wa keforestfi re. com
• Leland Fire/Rescue (NC) - Assistant Chief Ronnie Hayes - 910-371-2727
ronnie.hayes@lelandfirerescue.com
• Garner Fire Rescue (NC) - Deputy Chief Tim Herman - 919-772-1550 Ext. 3
timherman@)garnerfire.com
• City of Fayetteville (NC) - Safety Officer Scott Bullard - 910-433-1789
sbullard@ci.fay.nc.us
• Estero Fire Department (FL) -Chief Todd Coulter - 239-390-8000
cou Iter(&esterofi re. org
1634 White Circle - Suite 101 112 Donmoor Court
Marietta, GA 30066 Garner, NC 27529
SiteMedFire.com 8 Phone/Fax 888-837-4819
6 1 RFP 20-FDOI Lxhk4 ..0 II
'�MILTON
ESTABLISHED L�xk-
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:
364885
eVerify Number
10/15/2010
Date of Authorization
SiteMed North America LLC
Name of Contractor
Fire -Rescue Physical Evaluations
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury
that the foregoi is true and correct.
Executed on t. , 23, 201 9 irGarne(city),
NC (stats .
Signature of uthorized Officer or Agent
Gonzalo A. Fernandez, Medical Director
Printed Name and Title of Authorized Officer
or Agent
SUBSCRIBED AND SWORN BEFORE ME ON
THIS THE 23rd DAY OF September ,201 9.
VANESSA FLORES-WATSON
NOTARY PUBLIC
(���JOHNSTON COUNTY
MT C.(3MMI0EXPiRES Oa Ij1r
My Commission Expires:
EXHIBIT "D"
61_�z
Ip{ !
i Ii Oi
NNI
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 SiteMed North American, LLC, 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 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:
eVerify Number
Date of Authorization
Name of Subcontractor
Fire -Rescue Physical Evaluations
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:
TO:
FROM:
MILTON
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: December 10, 2019
Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Construction Services Agreement between the
City of Milton and Anderson Atlanta, Inc., Regarding the Pool
Pump House Renovation at the Former Milton Country Club
MEETING DATE: Monday, December 16, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,4 -APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (BYES () NO
CITY ATTORNEY REVIEW REQUIRED: (4 -YES () NO
APPROVAL BY CITY ATTORNEY: („ )/APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 14114,4615
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: Jim Cregge
Date: Submitted December 10, 2019 for the December 16, 2019
Regular City Council Meeting
Agenda Item: Approval of a Construction Services Agreement between the
City of Milton and Anderson Atlanta, Inc., Regarding the Pool
Pump House Renovation at the Former Milton Country Club
_____________________________________________________________________________________
Department Recommendation:
Staff is recommending the approval of a Construction Services Agreement between
the City of Milton and Anderson Atlanta, Inc., regarding the pool pump house
renovation at the Former Milton Country Club.
Executive Summary:
The City operates a pool at the Former Milton Country Club. The swimming pool’s pump
house, where all the pool’s mechanical systems reside, needs repair. Chlorine is stored
within the building, and there is not the proper amount of ventilation. Many
components of the building, including the doors, electrical panel and pump systems
are damaged due to the excessive heat and exposure to chlorine. The proposed
construction services agreement will repair the damages to the building and increase
ventilation, to alleviate the heat and chlorine issues moving forward.
Procurement Summary:
Purchasing method used: 3 Written Quotes ($5,000-$49,999)
Account Number: 100-6110-522310000
Requisition Total: $9,900.00
Vendor DBA: Anderson Atlanta, Inc.
Page 2 of 2
Other quotes or bids submitted (vendor/$): NA
Vendor/Firm Quote/Bid
Anderson Atlanta, Inc. $9,900.00
Brandon Construction, Inc. $12,874.00
P.E. Structures, Inc. $39,830.00
Financial Review: Bernadette Harvill, December 10, 2019
Legal Review: Sam VanVolkenburgh – Jarrard & Davis 11/14/19
Concurrent Review: Steven Krokoff, City Manager
Attachment:
1) Construction Services Agreement with Anderson Atlanta, Inc. for the pool
pump house renovation at the Former Milton Country Club
I LTO Nl�
ESTABLISHED 2006
CONSTRUCTION SERVICES AGREEMENT — SHORT FORM
Pool Pump House Renovation
This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 201_ (the
"Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia,
acting by and through its governing authority, the Mayor and Milton City Council, located at 2006 Heritage Walk, Milton,
Georgia 30004 (hereinafter referred to as the "City"), and Anderson Atlanta, Inc, a Georgia corporation, having its principal
place of business at 141 Newberry Drive, Ellijay, Georgia 30540 (hereinafter referred to as the "Contractor"), collectively
referred to herein as the "Parties".
WITNESSETH THAT:
WHEREAS, the City desires to retain a contractor to perform services for the construction of a Project (defined below); and
WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work (defined below)
and desires to perform the Work under the terms and conditions provided in the Contract Documents (defined below).
NOW THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and
agreements contained herein and other good and adequate consideration, the sufficiency of which is hereby acknowledged,
the Parties hereto do mutually agree as follows:
Section 1. Contract Documents: This Agreement along with the following documents, attached hereto (except as
expressly noted otherwise below) and incorporated herein by reference, constitute the Contract Documents:
A. Scope of Work, attached hereto as "Exhibit A";
B. Insurance Certificate, attached hereto as "Exhibit B";
C. Contractor Affidavit, attached hereto as "Exhibit C";
D. Subcontractor Affidavit, attached hereto as "Exhibit D"; and
E. City of Milton Code of Ethics (codified in the official Code of the City of Milton).
In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the
City, as determined by the City in its sole discretion, shall govern.
Section 2. The Work: A general description of the Project is as follows: the repairs and renovation to the Pump
House which services the pools at the former Milton Country Club (the "Project"). The Work to be completed under this
Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in "Exhibit
A", attached hereto and incorporated herein by reference. The Work includes all material, labor, insurance, tools,
equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work
reasonably inferable from the Contract Documents. The term "reasonably inferable" takes into consideration the
understanding of the Parties that some details necessary for proper execution and completion of the Work may not be shown
on the drawings or included in the specifications or Scope of Work, but they are a requirement of the Work if they are a
usual and customary component of the Work or are otherwise necessary for proper and complete installation and operation
of the Work. Contractor shall complete the Work in strict accordance with the Contract Documents.
Section 3. Contract Term; Termination: Contractor understands that time is of the essence of this Agreement and
warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the
progress of the Work. Contractor shall commence Work pursuant to this Agreement on or before the start date to be
Construction Services Agreement I Version 1.0
specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within fourteen (14)
calendar days of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for
convenience at anytime upon providing written notice thereof to Contractor. Provided that no damages are due to the City
for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with
Section 5 herein.
Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price (defined below) shall
require a written change order executed by the City in accordance with its purchasing regulations.
Section 5. Compensation and Method of Pa_ ent: The total amount paid under this Agreement as compensation
for Work performed and reimbursement for costs incurred shall not, in any case, exceed $9900.00 ("Contract Price"), except
as outlined in Section 4 above. The compensation for Work performed shall be based upon a flat fee,, and Contractor
represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement.
Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it
cannot perform the Work within the budgetary limitations established without disregarding sound principles of Contractor's
industry, Contractor will give written notice thereof immediately to the City.
City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that
the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be
made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall
be paid to Contractor upon the City's receipt and approval of an invoice setting forth in detail the Work performed and costs
incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the
invoice. The invoice shall be submitted upon completion of the Work and such invoice shall reflect costs incurred versus
costs budgeted. The invoice shall be accompanied by an Interim Waiver and release upon Payment (or a Waiver and
Release upon Final Payment, as appropriate) procured by the Contractor from all subcontractors in accordance with
O.C.G.A. § 44-14-366.
A. Ethics Code, Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would
result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to
the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by
this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any
City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person,
a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval,
disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in
any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to
any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. The Contractor and the City
further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -
consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an
inducement for the award of a subcontract or order.
B. Expertise of Contractor, City's Reliance on the Work. The Contractor acknowledges and agrees that the City does
not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no
responsibility for Contractor's Work performed under this Agreement. The City will not, and need not, inquire into
adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the
acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance
with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for
adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards.
C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the
City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided
(_' onsiruction Services Agreement Version 1.0
by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or
reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic.
D. Contractor's Representative; Meetings. Russell Anderson shall be authorized to act on Contractor's behalf with
respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated
representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no
additional cost to City.
E. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business
and agrees to perform the Work as an independent contractor. The Contractor agrees to be solely responsible for its own
matters relating to the time and place the Work is performed and the method used to perform such Work; the
instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors,
agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other
regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise
a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with
regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither
has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless
otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the
City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized,
in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall
assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express
knowledge and prior written consent of the City.
P. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all
responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages
directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant
to this Agreement. Contractor shall defend, indemnify, and hold harmless the City and the City's elected and appointed
officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers
(individually an "Indemnified Party and collectively "Indemnified Parties") from and against any and all claims, suits,
actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including, but not limited
to, attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of a willful, negligent, or
tortious act or omission arising out of the Work, performance of contracted services, or operations by the Contractor, any
subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose acts the
Contractor or subcontractor may be liable, regardless of whether or not the negligent act or omission is caused in part by a
party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole
negligence of an Indemnified Party. Such obligation shall not be construed to negate, abridge, or otherwise reduce any
other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision.
This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination
of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the
performance of this Agreement.
G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance
of the types and amounts approved by the City, as shown on Exhibit "ii", attached hereto and incorporated herein by
reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements
specified herein and provide proof of such coverage. As it relates to any general liability, automobile liability or umbrella
policies, and except where such requirement is specifically waived in writing by the City, Contractor shall ensure that its
insurer waives all rights of subrogation against the City for losses arising from Contractor's Work and that the City and its
officials, employees or agents are named as additional insureds.
H. Assignment of Agereement. The Contractor covenants and agrees not to assign or transfer any interest in, nor
delegate any duties of, this Agreement, without the prior express written consent of the City.
Construction Services Agreement 1 Version 1.0
I. Employment of Unauthorized Aliens Prohibited — E Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, the City
shall not enter into a contract for the physical performance of services unless:
(1) the Contractor shall provide evidence on City -provided forms, attached hereto as "Exhibits 1109 and I'D"
(affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that
it and its subcontractors have registered with, are authorized to use and use the federal work authorization program
commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable
provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work
authorization program throughout the contract period, or
(2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed
pursuant to Title 26 or Title 43 or by the State Ear of Georgia and is in good standing; or
(3) In accordance with O.C.G.A. § 13-10-91(b)(5), if Contractor currently has no employees and does not intend to hire
any employees for purposes of satisfying or completing the terms and conditions of this Agreement, Consultant
shall provide a copy of Consultant's state issued driver's license or state issued identification card in lieu of
providing an E -Verify affidavit.
The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of
which is provided in "Exhibit C", and submitted such affidavit to City or provided the City with evidence that it is not
required to provide such an affidavit because it is exempt as noted in subsections (2) or (3) above. Further, Contractor
hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L.
99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02.
In the event the Contractor contracts with any subcontractor(s) in connection with the covered contract, the Contractor
agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and
Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as
"Exhibit D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that
the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in
subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City
within five (5) business days of receipt. The Contractor and Contractor's subcontractors shall retain all documents and
records of their respectiveverification process for a period of five (5) years following completion of the contract.
Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only
required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10=91.] [CHECK ONE]
500 or more employees.
' 100 or more employees.
f Fewer than 100 employees.
Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with
this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the
Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category
that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal
law, and shall be construed to be in conformity with those laws.
J. Confidentiality. Contractor acknowledges that it may receive confidential information of the City and that it will
protect the confidentiality of any such confidential information and will require any of its subcontractors, contractors, and/or
staff to likewise protect such confidential information.
K. Licenses, Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all
diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county
or local boards, agencies, commissions, committees or other regulatory bodies in order to perforce the Work. The Contractor
shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary or
customarily secured for proper execution and completion of the Work.
L. Authority to Contract. The individual executing this Agreement on behalf of Contractor covenants and declares
that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners, or
similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable.
Construction ScrN ices Lreerilelnt 1 "Version 1.0
M. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product, and other
materials, including those in electronic form, prepared or in the process of being prepared for the Work ("Materials") shall
be the property of the City, and the City shall be entitled to full access and copies of all such Materials in the form prescribed
by the City. Any and all copyrightable subject matter in all Materials is hereby assigned to the City, and the Contractor
agrees to execute any additional documents that may be necessary to evidence such assignment.
N. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during
performance of this Agreement, Contractor, for itself, its assignees and successors in interest, will not discriminate against
any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin,
gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall
include the provisions of this paragraph in every subcontract for services contemplated under this Agreement.
0. Consultants Assisting with Procurement. As required by O.C.G.A. § 36-80-28, if the Agreement requires the
Consultant to prepare, develop, or draft specifications or requirements for a solicitation (including bids, requests for
proposals, procurement orders, or purchase orders) or to serve in a consultative role during a bid or proposal evaluation or
negotiation process: (a) the Consultant shall avoid any appearance of impropriety and shall follow all ethics and conflict-
of-interest policies and procedures of the City; (b) the Consultant shall immediately disclose to the City any material
transaction or relationship, including, but not limited to, that of the Consultant, the Consultant's employees, or the
Consultant's agents or subsidiaries, that reasonably could be expected to give rise to a conflict of interest, including, but not
limited to, past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships,
or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently
discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or
threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in
addition to all other legal remedies.
Section 7° Final Project Documents; arrancy: Prior to final payment, Contractor shall deliver to City copies of
any as -built drawings, operations, and maintenance manuals, and any other pertinent documents relating to the construction
and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects
in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to
the City.
Section S. NUscellaneous:
A. Complete Agreement; Counterparts, Third Party Rights. This Agreement, including all of the Contract Documents,
constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing,
between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number
of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same
instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with
any remedy, claim, liability, reimbursement, cause of action or other right.
B. Governing Law, Business License; Proper Execution. This Agreement shall be governed by and construed in
accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to
this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern
District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term
of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no
such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary
standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws,
regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any
applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.).
Cotistruction Ser\ ices A�reenient Version I :O
C. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in
writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day
after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery
when sent via national overnight commercial carrier to the Party at the addresses first given above or at a substitute address
previously furnished to the other Party by written notice in accordance herewith.
D. Waiver, Sovereign Immunity. No express or implied waiver shall affect any term or condition other than the one
specified in such waiver, and that one only to the extent specifically stated. Nothing contained in this Agreement shall be
construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities.
F. Agreement Construction and IntgMretation, Invalidity of Provisions; Severability. il . Contractor represents that
it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work
site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress,
performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all
conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written
resolution thereof by the City is acceptable to the Contractor. The Parties hereto agree that, if an ambiguity or
question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it
jointly, as opposed to being construed against a Party because it was responsible for drafting one or more
provisions of the Agreement. In the interest of brevity, the Contract Documents may omit modifying words
such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent
from one statement and appears in another is not intended to affect the interpretation of either statement.
Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed 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 fall force and effect to the extent possible as if this
Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties
that they would have executed the remaining portion of this Agreement without including any such part, parts,
or portions that may for any reason be hereafter declared invalid.
JW' wjnvfavnrpm-$)&,,, n,���
Construction Services Ai,,reenient I Version I M
IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement effective as of the Effective
Date first above written.
CITY OF MILTON, GEORGIA
Steven Krokoff, City Manager
RATIFIED BY CITY COUNCIL:
Signature:
Attest:
By:
Its:
Joe Lockwood, Mayor
City Clerk
Approved as to form:
CO CTOR: Anderson Atlanta, Inc.
By:
[CIRCLE ONE]
Preside n ce President (Corporation)
[CORPORATE SEAL]
(required if corporation)
Attest/Witness:
Its:
((Assistant orporate SecretarN corporation)
City Attorney
[CITY SEAL]
Construction Ser,, ices Agreement I Version 1.0
0WXI,Ix0311r
k,'I
.A I LTON
ESTABLISHED 2006
QR 20-PRO1
POOL PUMP HOUSE RENOVATION PROJECT
A site visit is scheduled for Wednesday, October 9, 2019 at 10:00 AM. The site visit is
recommended but optional. Questions must be submitted by 4:00 PM on October 11,
2019. Any needed addendum to this bid will be released on or about October 15, 2019.
Questions and bid submittal are to be made by electronically via Milton's BidNet
procurement portal/platform at www.cityofmiltonga.us .
If you have registered with the City of Milton as a vendor via BidNet procurement
portal/platform, or are already a member of the Georgia Purchasing Group, you may
submit your questions and bid online at www.cityofmiltonga.us via the BidNet
procurement portal/platform.
We encourage you to register with us as a vendor. There is no cost to join, and you will
be notified of any potential bid opportunities with the City of Milton as well as other
agencies who are part of the Georgia Purchasing Group.
- BIDS DUE OCTOBER 22, 2019 BY 4:00 PM -
QR 20-PROI I I P au c
'1�
MILTON
ESTABLISHED 2006
QR 20-PRO1
Pool Pump House Renovation Project
1785 Dinsmore Road
General Description of Project Scope: The general scope of work will consist of repairs and
renovation to the Pump House which services the pools at the former Milton Country Club.
Contractor is recommended to visit the site on Wednesday, October 9, 2019 at 10:00 AM
prior to submitting bid to confirm and verify scope.
Contractor will replace in kind all damages on impacted properties.
The undersigned, as bidder, declares and represents that he/she has examined the site of
the work and informed himself/herself fully in regard to all conditions pertaining to the place
where the work is to be performed, including those conditions affecting the cost of the
work and the delivery, handling and storage of materials and equipment. The bidder has
examined and read the Bidding Document and has satisfied himself/herself that the
Bidding Document is an adequate and acceptable reflection of the work which is required
to be performed and that the bidder is willing and able to perform all of the work necessary.
The bidder further certifies that no additional information is required to complete the work
encompassed by this bid within the cost and schedule established and agreed upon within
this bidding document.
The bidder proposes and agrees that if this bid is accepted to contract with the City of
Milton to provide all construction labor, materials, equipment, products, transportation, and
other facilities and services as necessary and/or required to execute and complete the
work in full in accordance with the scope of work provided to the full satisfaction of the
City.
THE BASE BID IS THE AMOUNT UPON WHICH THE BIDDER WILL BE FORMALLY EVALUATED AND
WHICH WILL BE USED TO DETERMINE THE LOWEST RESPONSIBLE BIDDER.
The base bid may not be withdrawn or modified, except at the request of the City, for a
period of sixty (60) days following receipt of the bids. The City of Milton reserves the right
to modify the scope of this project at any time. Appropriate compensation for scope
changes will be based on a negotiated fee.
QR 20-PRO1 2 1 P a g e
T • •
The purpose of this solicitation is to enter into a lump sum price "purchasing contract" with one
firm to be the primary contractor of the Pool Pump House Renovation Pro1ect.
No specification expressed or implied shall be construed as any type of restrictive specification
that would limit competition.
Unless clearly shown as "no substitute" or any words to that effect, any items in these contract
documents which have been identified, described or referenced by a brand name or trade
name are for reference only. Such identification is intended to be descriptive, but not
restrictive, and is to indicate the general quality and characteristics of products that may be
offered. Each bid item for which an equivalent item is proposed must be individually identified
on the bid sheet with the following information: brand name; model or manufacturer's number
or identification regularly used in the trade. Photographs,: specifications and cut sheets shall
be provided of the proposed alternative. The City shall be the sole judge of the suitability of
the proposed alternative and may consider function, design, materials, construction,
workmanship, finishes, operating features, overall quality, local service facilities, warranty terms
and service or other relevant features.
The City reserves the right to cancel the contract at any time with 30 days written notice.
Title to any supplies, materials, equipment or other personal property shall remain the
Contractors' until fully paid for by the City.
All items to be bid FOB, Milton, Georgia. No sales taxes are to be charged.
Any damage to any building, any pool component, or equipment incurred during the course
of work shall be repaired at the contractor's expense to the complete satisfaction of the City
of Milton with no additional expense to the City..
The City intends to evaluate the Bid on the lowest, responsible, and responsive bidder.
QR 20-PROI 3 1 i' a o c
l
Within ten (10) days of Notice of Award, and at all times that this Contract is in force, the
Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed
companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and
acceptable to the City. Insurance requirements are provided below and included in the
CONTRACT AGREEMENT (Section 7.K).
(1) Requirements: The Contractor shall have and maintain in full force and effect for the
duration of this Agreement, insurance insuring against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of
the Work by the Contractor, its agents, representatives, employees or subcontractors.
All policies shall be subject to approval by the City Attorney as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by
the City.
(2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies
with limits no less than:
(a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single
occurrence, $2,000,000 (two million dollars) umbrella, including coverage for
bodily and personal injury, sickness, disease or death, injury to or destruction of
property, including loss of use resulting therefrom, vandalism, property loss and
theft.
(b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000
(one million dollars) combined single limit per occurrence for bodily and personal
injury, sickness, disease or death, injury to or destruction of property, including loss
of use resulting therefrom.
(c) Workers' Compensation limits as required by the State of Georgia and Employers
Liability Limits of $1,000,000 (one million dollars) per accident.
(3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must
be declared to and approved by the City in writing.
(4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the
following provisions:
(a) General Liability and Automobile Liability Coverage.
(i) The City and City Parties are to be covered as insureds. The coverage shall
contain no special limitations on the scope of protection afforded to the
City or City Parties,
QR 20-PRO1 4 1 P a e
(ii) The Contractor's insurance coverage shall be primary noncontributing
insurance as respects to any other insurance or self-insurance available to
the City or City Parties. Any insurance or self-insurance maintained by the
City or City Parties shall be in excess of the Contractor's insurance and
shall not contribute with it.
(iii) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City or City Parties.
(iv) Coverage shall state that the Contractor's insurance shall apply
separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
(v) Coverage shall be provided on a "pay on behalf" basis, with defense
costs payable in addition to policy limits. There shall be no cross liability
exclusion.
(vi) The insurer agrees to waive all rights of subrogation against the City and
City Parties for losses arising from Work performed by the Contractor for
the City for General Liability coverage only.
(b) Workers' Compensation Coverage: The insurer providing Workers'
Compensation Coverage will agree to waive all rights of subrogation against the
City and City Parties for losses arising from Work performed by the Contractor for
the City.
(c) All Coverages:
(i) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled, reduced in
coverage or in limits except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
(ii) Policies shall have concurrent starting and ending dates.
(5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do
business in the State of Georgia and with an A.M. Bests' rating of no less than AM.
(6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance
and endorsements to the policies evidencing coverage required by this clause prior to
the start of Work. The certificate of insurance and endorsements shall be on a form
utilized by Contractor's insurer in its normal course of business and shall be received and
approved by the City within ten (10) days of the Notice of Award. The City reserves the
right to require complete, certified copies of all required insurance policies, at any time.
The Contractor shall provide proof that any expiring coverage has been renewed or
QR 20-PRO1 5 1 P tt g e
replaced at least two (2) weeks prior to the expiration of the coverage.
(7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor. All
coverage for subcontractors shall be subject to all of the requirements stated in this
Agreement, including but not limited to naming the Parties as additional insureds.
(8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at
least six (6) years after termination or final payment under the Agreement, whichever is
later.
(9) City as Additional Insured and Loss Payee: The City shall be named as an additional
insured and Foss payee on all policies required by this Agreement, except the City need not
be named as an additional insured and loss payee on any Workers' Compensation policy.
Prior to commencing the Work, the successful bidder shall execute a written oath as required
by O.C.G.A. §§ 32-4-122 and 36-91-21(e).
QR 20 -PRO 1 6 1 P a g e
MII-ToNlt
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID FORM and ADDENDA ACKNOWLEDGEMENT
TO: PURCHASING OFFICE
CITY OF MILTON
MILTON, GEORGIA 30004
Ladies and Gentlemen:
In compliance with your Bid, the undersigned, hereinafter termed the Bidder, proposes to enter
into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools,
apparatus, other means of construction, and all materials and labor specified in the Contract
Documents or as necessary to complete the Work in the manner therein specified within the
time specified, as therein set forth, for:
QR 20-PRO1
Pool Pump House Renovation Project
1785 Dinsmore Road
The Bidder has carefully examined and fully understands the Contract, Specifications, and
other documents hereto attached, has made a personal examination of the Site of the
proposed Work, has satisfied himself as to the actual conditions and requirements of the Work,
and hereby proposes and agrees that if his bid is accepted, he will contract with the City of
Milton in full conformance with the Contract Documents.
It is the intent of this Bid to include all items of construction and all Work called for in the
Specifications, or otherwise a part of the Contract Documents.
In accordance with the foregoing, the undersigned proposes to furnish and construct the
items listed in the attached Bid schedule for the unit prices stated.
The Bidder agrees that the cost of any work performed, materials furnished, services provided,
or expenses incurred, which are not specifically delineated in the Contract Documents, but
which are incidental to the scope, intent, and completion of the Contract, shall be deemed
to have been included in the prices bid for the various items scheduled.
QR 20-PROI 71 P a g c
The Bidder further proposes and agrees hereby to promptly commence the Work with
adequate forces and equipment within fourteen (14) calendar days from receipt of Notice to
Proceed and to complete all Work within thirty (30) calendar days from the Notice to Proceed.
If weather affects the required completion schedule, The City and selected Bidder will
negotiate a new completion date.
Bidder acknowledges receipt of the following addenda:
Addendum No.
Date viewed
Bidder further declares that the full name and resident address of Bidder's Principal is as
follows:
Signed, sealed, and dated this
Bidder Mailing Address:
day of 20.
Signature:
Print Name:
Title:
Bidder
Company Name
(Seal)
QR 20-PRO1 8 1 P a g e
MILTONIt
ESTABLISHED 2006
PROJECT SPECIFICATIONS
PROJECT DESCRIPTION
The City of Milton Parks and Recreation Department (City) requests for interested parties to
submit bids for the Pool Pump House Renovation Project, located at 1785 Dinsmore Road,
Milton, Georgia. Cut sheets for the materials to be provided must be included in your bid
submission.
Scope
The Contractor will:
1) Remove the existing double metal door and frame. Perform any required repairs to the
opening for the door and replace it with a vented double frame metal door. Provide
all appropriate door hardware including a storeroom function levered handset in
brushed aluminum finish. Door closers must be provided along with a mechanism to
prop the door open. The non-active leaf must have pins for locking the door both at
the top and the bottom. Upon installation paint the door with one primer coat and one
coat of paint appropriate for outdoor surfaces.
QR 20-PRO1 9 1 P a g e
2) Install two (2) vents in the gables of the building. Paint the vent upon installation. The
front vent may be smaller than the rear vent.
QR 20 -PRO l 10 1 P a g e
1A
4r
_�Iq ef k -.MENEM
a
ft
5) Replace the existing electrical panel with a new electrical panel and circuit breakers.
The panel must have a master cutoff switch and be properly labeled for each device
which it is supporting.
6) Scrape and repaint the white trim on the outside of the building. Where any of the
fascia or trim is rotted, replace with boards as nearly identical as possible, seal and
paint.
7) Clean up of all materials and equipment from the site. All discarded materials may be
disposed in the dumpster which is onsite. Cut sheets for the materials to be provided
must be included in your bid submission.
QR 20-PRO1 12 1 P a g e
The City desires to have all work completed by November 30, 2019. Please indicate on the Bid
Sheet your projected response time and calendar days to complete the project. This
information will be considered when awarding this contract.
Construction shall begin no later than fourteen (14) calendar days following the Notice to
Proceed. The Contractor will mobilize with sufficient forces such that all construction identified
as part of this contract shall be substantially completed within the calendar days indicated on
the Bid Schedule. Inclement weather days will not count against the available calendar days.
Normal workday for this project shall be 8:00 am to 6:00 pm and the normal workweek shall be
Monday through Friday. The City will consider extended workdays or workweeks upon written
request by the Contractor on a case by case basis. No work will be allowed on City recognized
holidays including Thanksgiving Day.
The work will require bidder to provide all labor, administrative forces, equipment, materials
and other incidental items to complete all required work, The City shall perform a Final
Inspection upon completion of all work. The Contractor will be allowed to participate in the
Final Inspection. All repairs shall be completed by the Contractor at his expense prior to
issuance of Final Acceptance. Except to the extent limited by law, 10% retainage will be held
from the total amount due the contractor until Final Acceptance of work is issued by the City.
The Contractor shall provide all materials, labor, and equipment necessary to perform the work
without delay unto completion.
Contractor shall be responsible for coordinating any utility relocation necessary to the
completion of the work.
The Contractor shall be responsible for the preservation of all public and private property,
crops, fish ponds, trees, monuments, highway signs and markers, fences, grassed and sodded
areas, etc. along and adjacent to the highway, road or street, and shall use every precaution
necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction
of such property is provided for under the contract. No stone or asphalt chunks shall be left in
the right-of-way and screened topsoil shall be placed in all disturbed areas before grassing.
Contractor is responsible for ensuring that all permanent grassing shall match the existing
grassing.
When or where any direct or indirect damage or injury is done to public or private property by
or on account of any act, omission, neglect or misconduct in the execution of the work, or in
consequence of the non -execution thereof by the Contractor, he shall restore, at his/her own
QR 20-PRO1 13 1 P a g e
expense, such property to a condition similar or equal to that existing before such damage or
injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he
shall make good such damage or injury in an acceptable manner. The Contractor shall correct
all disturbed areas before retainage will be released.
The Contractor shall be responsible for the entire site and the construction of the same and
provide all the necessary protections as required by laws or ordinances governing such
conditions and as required by the Owner or Designer. He/she shall be responsible for any
damage to the Owner's property or that of others on the job, by himself/herself, his/her
personnel or his/her subcontractors, and shall make good such damages. He/she shall be
responsible for and pay for any claims against the Owner arising from such damages.
The Contractor shall provide all necessary safety measures for the protection of all persons on
the work. Contractor shall clearly mark_ or post signs warning of hazards existing and shall
barricade excavations and similar hazards. He/she shall protect against damage or injury
resulting from falling materials and he/she shall maintain all protective devices and signs
throughout the progress of the work.
CKe7xTi1 mm61171i•F��T iC�7►
The Contractor shall obtain the required permits, if required, give all notices, and comply with
all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under
this contract. If the Contractor observes that the drawings and specifications are at variance
therewith, he shall promptly notify the City in writing. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without
such notice to the City, he shall bear all cost arising there from.
The Contractor shall obtain a building demolition permit from the City and provide all required
documentation to obtain the permit but will not be charged the permit fee and shall not
include that fee in the base bid.
The Contractor is responsible for obtaining all required inspections.
All restoration and clean-up work shall be performed daily. Operations shall be suspended if
the Contractor fails to accomplish restoration and clean-up within an acceptable period of
time. Asphalt and other debris shall be removed from gutters, sidewalks, yards, driveways,
etc. Failure to perform clean-up activities may result in suspension of the work.
QR 20-PRO1 14 1 P z b e
[TON
ESTABLISHED 2006
JBIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
QUALIFICATIONS SIGNATURE AND CERTIFICATION
I certify that this offer is made without prior understanding, agreement, or connection with
any corporation, firm, or person submitting a proposal for the same materials, supplies,
equipment, or services and is in all respects fair and without collusion or fraud. I understand
collusive bidding is a violation of State and Federal Law and can result in fines, prison
sentences, and civil damage awards. I agree to abide by all conditions of the proposal and
certify that I am authorized to sign this proposal for the proposer. I further certify that the
provisions of the Official Code of Georgia Annotated, including but not limited to Title 32,
Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not
be violated in any respect.
Authorized Signature Date
Print/Type Name
Print/Type Company Name Here
CORPORATE CERTIFICATE
certify that I am the Secretary of the Corporation
named as Contractor in the foregoing bid; that
signed said bid in behalf of the Contractor, was then (title)
who
of said
Corporation; that said bid was duly signed for and in behalf of said Corporation by authority
of its Board of Directors, and is within the scope of its corporate powers; that said Corporation
is organized under the laws of the State of
This day of 20
(Seal)
(Signature)
QR 20-PRO1 15 111 a -, c
M11-TONt
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
LIST OF SUBCONTRACTORS
I do , do not , propose to subcontract some of the work on this project. I
propose to Subcontract work to the following subcontractors:
Company Name:
Company Name:,
Company Name:
Company Name:
QR 20-PRO1 16 1 P a g e
MILTON'1�
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services on behalf of the City of Milton has registered with, is authorized to use and uses
the federal work authorization program commonly known as E -Verify, or any subsequent replacement
program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-
91. Furthermore, the undersigned contractor will continue to use the federal work authorization program
throughout the contract period and the undersigned contractor will contract for the physical
performance of services in satisfaction of such contract only with subcontractors who present an
affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
eVerify Number
Date of Authorization
Name of Contractor
Pool Pump House Renovation Project
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury
that the foregoing is true and correct.
Executed on 201_ in
(city), (state).
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer
or Agent
SUBSCRIBED AND SWORN BEFORE ME ON
THIS THE DAY OF 201_.
NOTARY PUBLIC
[NOTARY SEAL]
My Commission Expires:
QR 20 -PRO 1 17 1 P a g c
[� k.__) IN ilk
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID SCHEDULE
Pool Pump House Renovation Project Bid Amount
(Dollar Amount in Numbers)
(Company Name)
(Signature)
(Printed Name)
Total Bid Price $
Print Total Bid Price
Fill out completely the Bid Schedule above as well as line entries for "Total Bid Price" and "Print Total
Bid Price".
Number of days to fully complete project (exclude weather related days)
In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is
accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening,
that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each
Item, delivered to the designated point(s) within the time specified in the Bid Schedule.
COMPANY
ADDRESS
AUTHORIZED SIGNA
PRINT / TYPE NAME
TITLE
QR 20-PRO1 18 1 P a - c
MILTONJ'1�
ESTABLISHED 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
DISCLOSURE FORM
This form is for disclosure of campaign contributions and family member relations with City of Milton
officials/employees.
Please complete this form and return as part of your bid package when it is submitted.
Name of Bidder
Name and the official position of the Milton Official to whom the campaign contribution was made
(Please use a separate form for each official to whom a contribution has been made in the past two
(2) years.)
List the dollar amount/value and description of each campaign contribution made over the past two
(2) years by the Applicant/Opponent to the named Milton Official.
Amount/Value Description
Please list any family member that is currently (or has been employed within the last 9 months) by the
City of Milton and your relation:
QR 20-PROI 191Page
SCHEDULE OF EVENTS
FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE
Event:
Release of Informal Bid
Site Visit
Deadline for Written Questions
Date:
October 2, 2019
October 9, 2019 @ 10:00 AM
October 11, 2019 @ 4:00 PM
*Questions must be submitted electronically via Milton's BidNet procurement portal/platform
at www.cityofmiltonga.us
City of Milton Addendum (on or about) October 15, 2019
(Official answers to questions and potential changes to ITB. Addendum will be posted at the
same web locations as the ITB)
Bids due: October 22, 2019 by 4:00 P.M., EST
**Bids must be submitted electronically via Milton's BidNet procurement portal/platform at
www.cityofmiltonga.us
If you have registered with the City of Milton as a vendor via BidNet procurement portal/platform, or
are already a member of the Georgia Purchasing Group, you may submit your questions and bid online
at www.cityofmiltonga.us via the BidNet procurement portal/platform.
We encourage you to register with us as a vendor. There is no cost to join, and you will be notified of
any potential bid opportunities with the City of Milton as well as other agencies who are part of the
Georgia Purchasing Group.
Contract Award (On/about)
Notice to Proceed Issued (On/about)
October 25, 2019
October 30, 2019
QR 20 -PRO 1 201 Pa - c
�, • • ! - r
Pool Pump House Renovation Addendum #1
From the job walk through on October 9, 2019, there were five questions and a
small scope addition.
1. Are the siding and facia boards to be replaced? Answer - Yes. Where
the wood facia is rotted it is to be replaced and painted white. Where
it does not need to be replaced, simply scrape it and put new white
paint on it. There are several cedar shake siding panels that have
fallen off of the building, mostly on the left side of the building. These
should be replaced, but not painted at this time. See the picture
below:
2. Are the cedar shakes to be painted? Answer - No. As with the
replacement shakes, do not paint the existing siding. We anticipate re-
painting the Pump House at the same time that we repaint the main
structure.
3. What cutsheets are required? Answer - Cut sheets are required for the
replacement double leaf fully ventilated steel door, the proposed door
hardware and the roof fan that you propose to install.
4. Can someone please confirm the jamb & head depth on the hollow
metal frame? Answer - See pictures below.
Door Jamb Exterior
+7Asrcort 1 2 3 � ,�, 6
I I
-r .. r . _. 4.1
Door Jamb Side
Door Jamb Interior
5. Is it possible I can send my electrical employee to the site to look at the
panel? There were some questions he had that he cannot answer from
the photos provided and it would be best if he was able to take the panel
cover off and answer those questions for himself. Answer - Yes, by
appointment only. Contact Honor Motes at
honor.motes@cityofmiltonga.us to request an appointment. The
appointment can be accommodated only on Monday, October 14, and
Tuesday, October 15.
SCOPE ADDITION:
Remove the non-functioning vent in the rear and replace it with cedar shakes to
match the existing siding. Do not paint the new shakes. See the picture below:
No Text
ESTABLISHED 2006
1s a1,eION I'
my'"'11-1tonj M'-" ant",
In compliance with your Bid, the undersigned, hereinafter termed the Bidder, proposes to enter
into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools,
apparatus, other means of construction, and all materials and labor specified in the Contract
Documents or as necessary to complete the Work in the manner therein specified within the
time specified, as therein set forth, for:
QR 20-PROI
1785 Dinsmore Road
The Bidder has carefully examined and fully understands the Contract, Specifications, and
other documents hereto attached, has made a personal examination of the Site of the
proposed Work, has satisfied himself as to the actual conditions and requirements of the Work,
and hereby proposes and agrees that if his bid is accepted, he will contract with the City of
Milton in full conformance with the Contract Documents.
It is the intent of this Bid to include all items of construction and all Work called for in the
Specifications, or otherwise a part of the Contract Documents.
In accordance with the foregoing, the undersigned proposes to furnish and construct the
items listed in the attached Bid schedule for the unit prices stated.
The Bidder agrees that the cost of any work performed, materials furnished, services provided,
or expenses incurred, which are not specifically delineated in the Contract Documents, but
which are incidental to the scope, intent, and completion of the Contract, shall be deemed
to have been included in the prices bid for the various items scheduled.
QR 20 -PRO 1 7 c
The Bidder further proposes and agrees hereby to promptly commence the Work with
adequate forces and equipment within fourteen (14) calendar days from receipt of Notice to
Proceed and to complete all Work within thirty (30) calendar days from the Notice to Proceed.
If weather affects the required completion schedule, The City and selected Bidder will
negotiate a new completion date.
Bidder acknowledges receipt of the following addenda:
Ad endum No. Dae viewed
►�
Bidder further declares that the full name and resident address of Bidder's Principal is as
follows:
Signed, sealed, and dated this ��� day of �J�' 20_
Bidder Seal)
Company Name`_.
Bidder Mailing Address:
Signature:
Print Name:
Title:
QR 20 -PRO 1 8 1 P 11g, e
I ilk
rSTMLISIII D IW6
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
STATE OF GEORGIA
CITY OF MILTON
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91,
stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services on behalf of the City of Milton has registered with, is authorized to use and uses
the federal work authorization program commonly known as E -Verify, or any subsequent replacement
program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-
91. Furthermore, the undersigned contractor will continue to use the federal work authorization program
throughout the contract period and the undersigned contractor will contract for the physical
performance of services in satisfaction of such contract only with subcontractors who present an
affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b).
Contractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
_ I hereby declare under penalty of perjury
eVerify N ber that the foregoing is true and correct.
Executed on , 201_ in
(city), (state).
Date of A thorization
IL
N�eof Contractor Wit. c Signature of Autorjzed Officer or Agent
Pool Pump House Renovation Project
Name of Project
City of Milton, Georgia
Name of Public Employer
QR 20 -PRO 1
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:
E STAB 1.151 HD 2,M,
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
BID SCHEDULE
Pool Pump House Renovation Project Bid Amount
(Dollar Amount in Numbers)
(Company Name)
(Signature)
(Printed Name)
Total Bid Price $ + " Com=
Print Total Bid Price c3k , '--I -
Fill out completely the Bid Schedule above as well as line entries for "Total Bid Price" and "Print Total
Bid Price". ,, ii
Number of days to fully complete project (exclude weather related days) L l
In compliance with the attached Specification, the undersigned offers and agrees that if this Bid is
accepted, by the City Council within One Hundred and Twenty (120) days of the date of Bid opening,
that he will furnish any or all of the Items upon which Prices are quoted, at the Price set opposite each
Item, delivered to the designated point(s) within the time specified in the Bid Schedule.
COMPANY
ADDRESS \
AUTHORIZED SIGNATURE \
PRINT/TYPENAME}�
TITLEXCn4Z.
QR 20 -PRO 1
18 1 ,
ESTABLISHED 200b
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
QUALIFICATIONS SIGNATURE AND CERTIFICATION
I certify that this offer is made without prior understanding, agreement, or connection with
any corporation, firm, or person submitting a proposal for the some materials, supplies,
equipment, or services and is in all respects fair and without collusion or fraud. I understand
collusive bidding is a violation of State and Federal Law and can result in fines, prison
sentences, and civil damage awards. I agree to abide by all conditions of the proposal and
certify that I am authorized to sign this proposal for the proposer. I further certify that the
provisions of the Official Code of Georgia Annotated, including but not limited to Title 32,
Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not
be violated in any respect.
Authorized Signature o — Date
Print/Type Name—�
Print/Type Company Name Here � ';� '
CORPORATE CERTIFICATE
1, x"1 C.E_ w--C,�'S certify th-at I am the Secre ary of the Corporation
named as Contractor in the foregoing bid; that ' �` —-c �'�� who
signed said bid in behalf of the Contractor, was then (title of said
Corporation; that said bid was duly signed for and in behalf of said Corporation by authority
of its Board of Directors, and is within the scope of its corporate powers; that said Corporation
is organized under the laws of the State of
This
, Ok
day of �=�� 20
QR 20 -PRO 1 15 1 I'
(Seal)
(Si C
e)
QR 20 -PRO 1 15 1 I'
ESTABL1511ED 21M
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
LIST OF SUBCONTRACTORS
I do , do not ,propose to subcontract some of the work on this protect
propose to Subcontract work to the following subcontractors:
4
Company Name: ti \\� k u� 1C --
Company Name:.
Company Name:.
Company Name:
QR 20 -PRO 1 16 1 , c
E STAB LI S I I F.1) 2006
[BIDDERS MUST RETURN THIS FORM WITH BID RESPONSE]
DISCLOSURE FORM
This form is for disclosure of campaign contributions and family member relations with City of Milton
officials/employees.
Please complete this form and return as part of your bid package when it is submitted.
Name of Bidder
Name and the official position of the Milton Official to whom the campaign contribution was made
(Please use a separate form for each official to whom a contribution has been made in the past two
(2) years.)
List the dollar amount/value and description of each campaign contribution made over the past two
(2) years by the Applicant/Opponent to the named Milton Official.
Amoun /Value Description
\�
Please list any family member that is currently (or has been employed within the last 9 months) by the
City of Milton and your relation:
QR 20-PRO1 19
Double Metal Door 1
'---------------------' '--- —'--------
5'0" Width, 6D^Height, 18Gauge, Cold Roll Steel, SteebeftHinge, #7Left Hand
Reverse Active, (1)Z6^XO'8^Commercial Metal Door, Lock Prep, (1)Z6^X0'8^
Commercial Metal Door (Inactive Door) With Astragal And (J) Flush Bolts Installed"
Louver Kit 2
~~--
Metal Louver, 1D^X6O''.Grey, Installed |nDoor
Door Frame l
5'0^Width, 6'8^Height, Drywall Frame Assembly (2'6^Double Dnocs).3piece Knockdown
'5'7/8^Depth, 4-70^Throat, lOgauge, Cold Rolled Steel, F|ushbo|tReinforced (2x4
K8eta|8moodStud w/5/8^Drywall each side)
�
Door Hardware:
Non -Removable Pin, 4'l/2^X4-1/2"' h
Ball Bearing, Z6D'(O75O49)
Storeroom Lever Lock, Grade Z' l
Mechanical / Electrical Room, Keyed,
2-3/4"Backset.Sch|ageC
Conventional Keyway, US26O
(12y660)
Door Closer, Grade 1.(1'6)'Aluminum 1
Prep Frame For Closer 1
AC"Ri CERTIFICATE OF LIABILITY INSURANCE
{►AIt IAIIII Wwlrll
11 i 121419
THS CERTIFICATE IS ISSUED AS A !RATTER OF INFORMATION ONLY AND CONFERS NO fti WTS UPON THE CERTIFICATE WXDER TWS
CERTWICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ;ALTER THE COVERAGE AFFORDED BY THE POLICIES
EIELOW. THIS CERTFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING JNSIIRER(Sj AUTHORMSD
REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER
IIIN'ORTANT: If the certifacalp holder is an ADDffXMAL INSURED, the pohey(ies) must be endorsed_ If SUBROGATIOIt 15 WAIVED; subject to
the Eerms and conditions of the pokey, certain pa -de s may require an endorsement A statenrerrt on this certifica le dor, not confer rights to the
cerefie'ate holder in Ireu of such endor s
I,Nelultasr
<�s''�' MIKHAIL13ATYLIN
KRAFT LAKE
' "M'K7746727979
5755 N POINT PKYI'Y
Ic A'a MF3ATYLIN@FARMERSAGENT.COM
w �04DINGCOVE1114M rwcs
�
a ML[Wh l A: SECURITY NiNTICNAL INSURANCE COMPANY 19879
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CERTIFICATE MAY BE 9iSLIED OR MAY PERTAIN TME INSURANCE AFFCFIDED BY THE POLICIES DESCRIBED HEREIN IS SLOJECT TO ALL THE TERIMS
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S"MLD ANY OF THE A 8O`y'E DE SCRIBED POLKX S BE CANCELLED BEFORE
City of Milkxl, Georya, 20113 Heritnge'.Y;AK THE EKPIRATM DATE THEREOF, NOTICE VALL BE DELP.tEFEE, Ifo
Milton GA M004 1 ACCORDANCE WTTH THE POLICY PROM SJOAU S
A:l I MGIIII,tLI} Iltl'NlCStM / A 1 M1C
The ACORD name and logo are reg4stered marks of ACORO
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DATE (MM/DDNYYY)
11/15/2019
THIS CERTIFICATE IS ISSUED AS A (NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
NAME:
a/c°NN Ext , 678-975-7723 a/c No : 678-264-2120
Will You Insure Me
8671 Cactus Creek Drive
Las Vegas, NV 89129
E-MAIL
ADDRESS:
PRODUCER
CUSTOMER ID. #i
INSURERS AFFORDING COVERAGE NAIC #
INSURED
INSURER Ajechnolo y Insurance Company 42376
INSURER B
Anderson Atlanta, Inc.
123 Robin Drive
COMMERCIAL GENERAL LIABILITY
Roswell, GA 30075
INSURER C:
INSURER'D :
E :
-INSURER
INSURER F:
COVF_RAGE.S CERTIFICATE NUMBER- REVISION NUMBER -
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR:
LTR
TYPE OF INSURANCE
ADDL
SUBR
POLICYNUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY
AM N
PREMISES Ea occurrence $
CLAIMS -MADE 1:1 OCCUR
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG $
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AUTOMOBILE.
LIABILITY
COMBINED SINGLE LIMIT $
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ANY AUTO
BODILY INJURY (Per person) $
ALL OWNED AUTOS
BODILY INJURY (Per accident)
SCHEDULED AUTOS
HIRED AUTOS
PROPERTY DAMAGE $
(Per accident)
$
NON -OWNED AUTOS
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE $
AGGREGATE $
EXCESS LIAB
CLAIMS -MADE
DEDUCTIBLE
$____.___.___
$
RETENTION $
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITYYIN
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? ®
(Mandatory in NH)
NIA
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10/16/19
10/15/20
WC STATU- OTH-
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E.L. DISEASE - EAEMPLOYEE$ 500,000
If,yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE.- POLICY LIMIT 1 $ 500,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule,if more space is required)
JOB: Pool pump house repair and renovations
UtK l INUA I t HULL)
City of Milton
2006 Heritage Walk
Milton, GA 30004
SHOULD ANY OF THE ABOVE' DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Jon R. Sapp
no 1988-2009 ACORD CORPORATION. All riahts reserved.
ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD
State Licensing Board for
Residential and General Contractors
Authorized Permit Agent Form
License verification by permitting office should be completed by visiting sos.ga.u0ov/plb/
Licensed Contractor: Individual
I/ Qualifying Agent
Name of licensed person \J, Joed VA,
*Please attach a copy of Individual license or Company License (Reflects company and quali
License number of individual or qualifying agent: E;L3 (go 30 (a
Name of licensed company(if applicable) -qt--s <-
License number of company(if applicable): EQ 6024,C? (,7
hereby designate
lAcensed Individual or Qualifying Agent
agent license number)
cli:1 5-J-1ne to apply for and obtain the permit(s) for the
*Please attach a copy of tile authorized permit agent's driver's license.
project at:
Street address
Apartment or Suite Number
,)A, 1 Jcm
City Zip Code
1, the undersigned, being the contractor as either an individual or a qualifying agent, do hereby affirm and
swear, under
)that all information on this form and on accompanying documents are true and correct.
GU
SignaturtofLq Vidual6rqiialifying agent
State o -10Cs County of cv�
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Subscriise.
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Signature WIN 4y! atj
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,'a Lse Drive. Macon, Georgia 3-17 (478) 207-2440
"EXHIBIT C"
CONTRACTOR AFFIDAVIT AND AGREEMENT
under O.C.G.A. § 13-10-91(b)(1)
STATE OF
COUNTY OFjJ/ fDl�
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:
: i ?�-_
Federal Work Authorization User Identification
Number
u- i
Date of Aulkorization
Anderson Atlanta, Inc.
Name of Contractor
Pool Pump House Renovation
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 /UQ V, a 7 _, 2011 in
(city),ra�-A z (state).
�A r
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE d 7 DAY OF
D✓ , 201.
��t I --qJ2��
NOTARY PUBLIC
My Commission Expires:
"EXHIBIT D"
SUBCONTRACTOR AFFIDAVIT AND AGREEMENT
under O.C.G.A. § 13-10-91(b)(3)
STATE OF _
COUNTY OF
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-
91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance
of services under a contract with Anderson Atlanta, Inc. on behalf of the City of Milton, Georgia, has registered
with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or
any subsequent replacement program, in accordance with the applicable provisions and deadlines established in
O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work
authorization program throughout the contract period, and the undersigned subcontractor will contract for the
physical performance of services in satisfaction of such contract only with sub -subcontractors who present an
affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the
undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the
contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -
subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned
subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor.
Subcontractor hereby attests that its federal work authorization user identification number and date of
authorization are as follows:
Federal Work Authorization User Identification
Number
Date of Authorization
Name of Subcontractor
Pool Pump House Renovation
Name of Project
City of Milton, Georgia
Name of Public Employer
I hereby declare under penalty of perjury that the
foregoing is true and correct.
Executed on
_,201 —in
(city), (state).
Signature of Authorized Officer or Agent
Printed Name and Title of Authorized Officer or
Agent
SUBSCRIBED AND SWORN BEFORE ME
ON THIS THE DAY OF
, 201_.
NOTARY PUBLIC
My Commission Expires:
MILTON*t
TO:
FROM:
AGENDA ITEM:
MEETING DATE:
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: December 10, 2019
Steven Krokoff, City Manager
Approval of a Change Order #3 to a Professional Services
Agreement between the City of Milton and InterDev, LLC
Monday, December 16, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: („yAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: („)'YES () NO
CITY ATTORNEY REVIEW REQUIRED: (.a'YES () NO
APPROVAL BY CITY ATTORNEY: („rAPPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: )r.N°%a9
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: Stacey Inglis, Assistant City Manager
Date: Submitted on December 9, 2019 for the December 16, 2019
Regular City Council Meeting
Agenda Item: Approval of Change Order #3 to a Professional Services
Agreement between the City of Milton and InterDev, LLC.
_____________________________________________________________________________________
Project Description: On October 22, 2018, the city of Milton entered into a professional
services agreement (PSA) with InterDev, LLC to provide comprehensive IT and GIS
managed services. Through our agreement, InterDev provides a virtual CIO and/or IT
Manager for 20 hours per month. These hours are used to oversee the day-to-day
operations, ensure the agreed upon service levels are met, develop policies and
procedures, implement city strategies, and monitor the budget and expenses, among
other managerial duties.
In the initial contract negotiations, we had a lengthy discussion as to what the
appropriate number of hours this role would need. We agreed to 20 hours per month
with the understanding that after the transition away from our previous provider settled
down, we would be better able to gauge the amount of IT management needed to
achieve the city’s goals while also maintaining the service level agreement. After nearly
seven months into the contract, InterDev provided an assessment that showed the
hours trending for IT management reflected a weekly total of around 24 hours (monthly
total of 96 hours). We have come to realize that 5 hours per week (20 hours per month)
is not sustainable nor is it responsible. In order to manage IT properly, we are requesting
a change order to increase the vCIO and/or IT Manager hours from 20 hours per month
to 96 hours per month. The total annual cost for this increase is $73,044.
In addition, the change order includes a 4% escalator effective January 1st. This was
contemplated in the contract and covers increases in the cost of providing the service
(i.e., market adjustments for salaries and benefits). The total annual cost is $14,760.
Procurement Summary:
Purchasing method used: Contract Addendum
Account Number: 100-1535-523850127
Requisition Total: $87,804.00
Page 2 of 2
Vendor DBA: InterDev, LLC
Financial Review: Bernadette Harvill, 12/10/2019
Legal Review: Sam VanVolkenburgh, 12/5/2019
Attachment(s): Change Order #3
1
CHANGE ORDER #3 FOR PROFESSIONAL SERVICES AGREEMENT
Comprehensive Managed IT and GIS services
WHEREAS, the City of Milton, Georgia and InterDev, LLC, have entered into a Professional Services
Agreement (the “Agreement”) dated October 22, 2018, as subsequently amended by a Change Orders #1 &
#2 (collectively the “Agreement”), incorporated herein by reference; and
WHEREAS, the parties desire to change the Maximum Contract Price of the Agreement and add to the
Agreement Scope of Work, it being to the mutual benefit of all parties to do so;
NOW THEREFORE, the parties agree to amend the Agreement as follows:
1. The following amendments will be deemed effective October 1, 2019:
a. Exhibit B Cost Proposal is amended by replacing “vCIO and Project Manager (20 hours per
month)” with “vCIO and Project Manager (96 hours per month)” and replacing the Monthly
Cost text of “$1,600” with “$7,680.”
b. Section III.B is amended to update the cost for Standard IT services provided from
$25,134/month to $31,214/month, and the total monthly cost from $37,467 to $43,547.
c. InterDev agrees that the E-verify-related provisions (including affidavits) of the Agreement
shall apply equally to the added services.
2. A 4% increase in the rate for vCIO, Monthly IT Tech Support Fee and IS Analyst services will
take effect January 1, 2020. An updated table of standard contract costs (not including add-on
services) is as follows:
Time Period Cost For Standard
IT Services Provided
Cost for Standard
GIS Services
Provided
Total Monthly Cost
October 1, 2019 –
December 31, 2019
$31,214/month $12,333/month $43,547.00
January 1, 2020 –
September 30, 2020
$32,361/month $12,826/month $45,187.00
Total Cost: $537,324.00
3. InterDev’s address for notice purposes is hereby updated to: InterDev, LLC 900 Holcomb Woods
Parkway, Roswell, GA 30076.
4. All other provisions of the Agreement not inconsistent with this Change Order #3 shall remain in
full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties have caused this Change Order to be duly executed by their duly
authorized officers as of the day and year set forth next to each signature.
CONTRACTOR* -UNI DEV, LLC
4 - . ����
By:
Print Name: GaI/ NlcholS, k4m�*C®
Its: Member/Manager
Date: 12/16/2019
r
Ke0sha Oliver
Its: Staff Accountant
CITY OF MILTON, GEORGIA
By:
Joe Lockwood, Mayor
[CITY SEAL]
Date:
Attest:
Print Name: Sudie Gordon
Its: City Clerk
Approved as to form:
City Attorney
2
MILTO N*
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 10, 2019
FROM: Steven Krokoff, City Manager a)
AGENDA ITEM: Approval of Change Order # 1 for Construction Services
Agreement between the City of Milton and Blount
Construction Company, Inc. for Resurfacing and
Reconstruction Project
MEETING DATE: Monday, December 16, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: VAPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (.}'YES () NO
CITY ATTORNEY REVIEW REQUIRED: (')'YES () NO
APPROVAL BY CITY ATTORNEY: (✓/APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 111*lcadf
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499
info@cityofmiltonga.us I www.cityofmiltongo.us
To: Honorable Mayor and City Council Members
From: Matt Fallstrom, Capital Projects Manager
Date: Submitted on December 9, 2019 for the December 16, 2019
Regular City Council Meeting
Agenda Item: Approval of Change Order #1 for Construction Services Agreement
between the City of Milton and Blount Construction, Inc. for
Resurfacing and Reconstruction Project
____________________________________________________________________________________ Department Recommendation: The Public Works Department recommends approval of
this change order. Executive Summary: Change order #1 to the Blount Construction Services Agreement
for Reconstruction and Resurfacing Project was necessary to complete the HA5 High
Density Mineral Bond application in the Canonero Subdivision. The asphalt patching
repairs where completed on Canonero Drive and Canonero Court. These repairs
include all materials, labor, and equipment to complete the asphalt patching and a
mobilization.
Procurement Summary:
Purchasing method used: Bid Award-ITB (Over $50,000)
Account Number: 300-4101-522260000
Requisition Total: $75,831.79
Vendor DBA: Blount Construction Co. INC.
Other quotes or bids submitted (vendor/$): NA
Financial Review: Bernadette Harvill, December 11, 2019
Legal Review: Jarrard & Davis, LLP – Sam VanVolkenburgh, 11/26/19
Concurrent Review: Robert Drewry, Public Works Director
Attachment(s): Change Order #1
HOME OF
4 ' .FF
ESTABLISHED 2006
CHANGE ORDER #1 FOR CONSTRUCTION SERVICES AGREEMENT
Resurfacing and Reconstruction Project
WHEREAS, the City of Milton, Georgia ("City") and Blount Construction Company, Inc. ("Contractor")
have entered into a Construction Services Agreement (the "Agreement") dated August 6, 2018, incorporated
herein by reference, for the resurfacing and reconstruction of city streets at various locations throughout the
city; and
WHEREAS, the parties desire to issue an addendum pursuant to Section 6 of the Agreement, it being to
the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein;
and
WHEREAS, the City finds it is necessary to patch and repair failed asphalt sections in the Canonero
Subdivision in anticipation of an HA5 (High Density Mineral Bond) application.
NOW THEREFORE, the parties hereto agree to amend the Agreement as follows:
1. The parties acknowledge that the purpose of this Change Order is to add patching of roads in the
Canonero Subdivision, in anticipation of treatment of those roads with a High Density Mineral Bond
(HA5). This service will include a mobilization of the patching crew. Section 3.A of the Agreement
is amended to add this Work.
2. Section 4.A of the Agreement is amended to state that the Work added by this Change Order shall
be completed by December 31, 2019.
3. Section 5.A of the Agreement is amended so that the total amount paid under the Agreement as
compensation for Work performed and reimbursement for costs incurred shall not, in any case,
exceed $2,863,125.98 (the "Maximum Contract Price"). The compensation for added Work
performed under this Change Order shall consist of the sum of the units of Work actually performed
in the Canonero Subdivision at the unit prices set forth in "Exhibit A", up to a not -to -exceed cap of
$75,831.79. Contractor represents that the amount of $75,831.79 is sufficient to perform all of the
Work set forth in and contemplated by this Change Order.
4. Pursuant to Section 7.Q of the Agreement, Contractor shall increase the amount of its maintenance
bond to reflect the increase in the Maximum Contract Price. Contractor shall provide updated
executed maintenance bond documents to the City within 30 days of the later of. (a) execution of
this Change Order; or (b) completion of the Work.
5. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement,
including all unamended portions, shall remain in full force and effect other than as modified herein.
Upon execution by all parties, this Change Order shall be attached to and form a part of said
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their
duly authorized officers as of the day and year set forth next to each signature.
CONTRAC R: ou C nstruct' Company, Inc.
By:
Print Name: Bob Cathcart, President
Its: fit to
President/Vice Presic %jon)
0
Ci • RP—ORAr� • y'
[CO RI'1T�] z
(requiric�}tcc ) ; Z
Print Name: David Faust
Its: Corporate Secretary
((Assistant) Corporate Secretary if corporation)
CITY OF MILTON, GEORGIA
By
Joe Lockwood, Mayor
[CITY SEAL]
Attest:
Print Name:
Its: City Clerk
Approved as to form:
City Attorney
2
M I LTO N'�
No Text
TO:
FROM:
MILTON'*
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: December 12, 2019
Steven Krokoff, City Manager
AGENDA ITEM: Approval of a Contract with Basic Benefits to Provide
Administration of Services for Employee FSA (Flexible Spending
Account) HRA (Health Reimbursement Account) and COBRA
MEETING DATE: Monday, December 16, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (�IA PPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: ( YES () NO
CITY ATTORNEY REVIEW REQUIRED: (4ES () NO
APPROVAL BY CITY ATTORNEY: (,✓APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: 11014)7'°lof
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: Sam Trager, Director of Human Resources
Date: Submitted on December 12, 2019 for the December 16, 2019
Regular Council Meeting
Agenda Item: Approval of a Contract with Basic Benefits to Provide
Administration of Services for Employee FSA (Flexible Spending
Account) HRA (Health Reimbursement Account) and COBRA
Department Recommendation: Approve the attached contract with Basic Benefits to provide administrative services for employee FSA and HRA accounts and COBRA
administration.
Executive Summary: The attached contract will provide the City with services for
administration of plans.
Funding and Fiscal Impact: The City’s cost is an approximate $7550 per year for services
provided.
Alternatives: Other Council directed action.
Legal Review: Ken Jarrard and Sam Van Volkenburgh, Jarrard and Davis. December
12, 2019
Concurrent Review: Steve Krokoff, City Manager
Attachment(s): Contract
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement, is entered into as of _______________, by and between
_______________________________________________, the Plan Sponsor’s Health Plan (the “Plan” or “Covered
Entity”); and BASIC Benefits, LLC, d/b/a BASIC pacific ("Business Associate").
WITNESSETH:
WHEREAS, the Covered Entity previously has entered into an Administrative Services Agreement (the “ASA”) with
the Business Associate, whereby the Business Associate has agreed to provide certain services to the Plan;
WHEREAS, to provide such services to the Plan, the Business Associate must have access to certain protected
health information ("Protected Health Information" or "PHI"), as defined in the Standards for Privacy of Individually
Identifiable Health Information (the "Privacy Standards") set forth by the U.S. De partment of Health and Human Services
(“HHS”) pursuant to the Health Insurance Portability and Accountability Act of 1996, ("HIPAA") and amended by the Health
Information Technology for Economic and Clinical Health Act (“HITECH Act”), part of the American Recovery and
Reinvestment Act of 2009 (“ARRA”), the Genetic Information Nondiscrimination Act of 2008 (“GINA”), and the final
regulations to such Acts promulgated in January 2013;
WHEREAS, to comply with the requirements of the Privacy Standards, the Covered Entity must enter into this
Business Associate Agreement with the Business Associate.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally
bound hereby, the parties hereto agree as follows:
I. Definitions
The following terms used in this Business Associate Agreement (“BAA”) shall have the same meaning as thos e terms in
the Privacy Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual,
Minimum Necessary, Notice of Privacy Practices, Secretary, Subcontractor, and Use. If other terms are used, but not
otherwise defined under this BAA, such terms shall then have the same meaning as those terms in the Privacy Rule.
(a) Business Associate. “Business Associate” shall generally have the same meaning as the term “business associate”
at 45 CFR § 160.103.
(b) Covered Entity. “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR §
160.103.
(c) Electronic Protected Health Information . “Electronic Protected Health Information” shall have the same meaning as
the term “electronic protected health information” in 45 CFR §160.103.
(d) Electronic Transactions Rule. “Electronic Transactions Rule” shall mean the final regulations issued by HHS
concerning standard transactions and code sets under 45 CFR Parts 160 and 162.
(e) Genetic Information. “Genetic Information” shall have the same meaning as the term “genetic information” in 45 CFR
§160.103.
(f) HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR
Parts 160, 162 and Part 164.
(g) Individual. “Individual” shall have the same meaning as the term “individual” in 45 CFR §160.103 and shall include a
person who qualifies as a personal representative in accordance with 45 CFR §164.502(g).
(h) Privacy Rule. “Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health Information at 45
CFR Part 160 and Part 164, subparts A and E.
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(i) Protected Health Information (PHI). “Protected Health Information (PHI)” shall have the same meaning as the term
“protected health information” in 45 CFR §160.103, limited to the information created or received by Business Associate
from or on behalf of a Covered Entity pursuant to the ASA.
(j) Required by Law. “Required by Law” shall have the same meaning as the term “required by law” in 45 CFR §164.103.
(k) Secretary. “Secretary” shall mean the Secretary of the Department of Health and Human Services or his designee.
(l) Security Incident. “Security Incident” shall have the same meaning as the term “security incident” in 45 CFR §164.304.
(m) Security Rule. “Security Rule” shall mean the Security Standards and Implementation Specifications at 45 CFR Part
160 and Part 164, subpart C.
(n) Standards for Electronic Transactions Rule. “Standards for Electronic Transactions Rule” means the final regulati ons
issued by HHS concerning standard transactions and code sets under the Administration Simplification provisions of HIPAA,
45 CFR Part 160 and Part 162.
(o) Subcontractor. “Subcontractor” shall have the same meaning as the term “subcontractor” in 45 CFR §160.103.
(p) Transaction. “Transaction” shall have the meaning given the term “transaction” in 45 CFR §160.103
(q) Unsecured Protected Health Information. “Unsecured Protected Health Information” shall have the meaning given
the term “unsecured protected health information” in 45 CFR §164.402.
II. Safeguarding Privacy and Security of Protected Health Information
(a) Permitted Uses and Disclosures. The Business Associate is permitted to use and disclose Protected Health
Information that it creates or receives on the Covered Entity’s behalf or receives from the Covered Entity (or another
business associate of the Covered Entity) and to request Protected Health Information on the Covered Entity’s behalf
(collectively, “Covered Entity’s Protected Health Information”) only:
(i) Functions and Activities on the Covered Entity’s Behalf. To perform those services referred to in the ASA.
(ii) Business Associate’s Operations. For the Business Associate’s proper management and administration or to
carry out the Business Associate’s legal responsibilities, provided that, with respect to disclosure of the Covered Entity’s
Protected Health Information, either:
(A) The disclosure is Required by Law; or
(B) The Business Associate obtains reasonable assurance from any person or entity to which the Business
Associate will disclose the Covered Entity’s Protected Health Information that the person or entity will:
(1) Hold the Covered Entity’s Protected Health Information in confidence and use or further disclose the
Covered Entity’s Protected Health Information only for the purpose for which the Business Associate disclosed
the Covered Entity’s Protected Health Information to the person or entity or as Required by Law; and
(2) Promptly notify the Business Associate (who will in turn notify the Covered Entity in accordance with the
breach notification provisions) of any instance of which the person or entity becomes aware in which the
confidentiality of the Covered Entity’s Protected Health Information was breached.
(C) To de-identify the information in accordance with 45 CFR § 164.514(a) – (c) as necessary to perform those
services required under the ASA.
(iii) Minimum Necessary. The Business Associate will, in its performance of the functions, activities, services, and
operations specified above, make reasonable efforts to use, to disclose, and to request only the minimum amount of
the Covered Entity’s Protected Health Information reasonably necessary to ac complish the intended purpose of the
use, disclosure or request, except that the Business Associate will not be obligated to comply with this minimum -
necessary limitation if neither the Business Associate nor the Covered Entity is required to limit its use , disclosure or
request to the minimum necessary. The Business Associate and the Covered Entity acknowledge that the phrase
“minimum necessary” shall be interpreted in accordance with the HITECH Act.
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(b) Prohibition on Unauthorized Use or Disclosure. The Business Associate will neither use nor disclose the Covered
Entity’s Protected Health Information, except as permitted or required by this BAA or in writing by the Covered Entity or as
Required by Law. This BAA does not authorize the Business Associate to use or disclose the Covered Entity’s Protected
Health Information in a manner that will violate Subpart E of 45 CFR Part 164 if done by the Covered Entity.
(c) Information Safeguards.
(i) Privacy of the Covered Entity’s Protected Health Information. The Business Associate will develop, implement,
maintain, and use appropriate administrative, technical, and physical safeguards to protect the privacy of the Covered
Entity’s Protected Health Information. The safeguards must reasonably prote ct the Covered Entity’s Protected Health
Information from any intentional or unintentional use or disclosure in violation of the Privacy Rule and limit incidental
uses or disclosures made to a use or disclosure otherwise permitted by this BAA.
(ii) Security of the Covered Entity’s Electronic Protected Health Information. The Business Associate will develop,
implement, maintain, and use administrative, technical, and physical safeguards that reasonably and appropriately
protect the confidentiality, integrity, and availability of Electronic Protected Health Information that the Business
Associate creates, receives, maintains, or transmits on the Covered Entity’s behalf as required by the Security Rule.
The Business Associate will comply with Subpart C of 45 CFR Part 164 with respect to Electronic Protected Health
Information, to prevent use or disclosure of protected health information other than as provided for by this BAA.
(iii) No Transfer of PHI Outside United States. Business Associate will not transfer Protected Health Information
outside the United States without the prior written consent of the Covered Entity. In this context, a “transfer” outside the
United States occurs if Business Associate's workforce members, agents, or subcontractors physically lo cated outside
the United States are able to access, use, or disclose Protected Health Information.
(iv) Policies and Procedures. The Business Associate shall maintain written policies and procedures, conduct a risk
analysis, and train and discipline its workforce.
(d) Subcontractors and Agents. In accordance with 45 CFR § 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, the
Business Associate will ensure that any of its Subcontractors and agents that create, receive, maintain, or transmit Protecte d
Health Information on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that
apply to the Business Associate with respect to such information.
(e) Prohibition on Sale of Records. As of the effective date specified by HHS in final regulations to be issued on this
topic, the Business Associate shall not directly or indirectly receive remuneration in exchange for any Protected Health
Information of an individual unless the Covered Entity or Business Associate obtained from the individual, in accordance
with 45 CFR §164.508, a valid authorization that includes a specification of whether the Protected Health Information can
be further exchanged for remuneration by the entity receiving Protected Health Information of that individual, except as
otherwise allowed under the HITECH Act.
(f) Prohibition on Use or Disclosure of Genetic Information. Business Associate shall not use or disclose Genetic
Information for underwriting purposes in violation of the HIPAA rules.
(g) Penalties for Noncompliance. The Business Associate acknowledges that it is subject to civil and criminal enforcement
for failure to comply with the privacy rule and security rule under the HIPAA Rules, as amended by the HITECH Act.
III. Compliance with Electronic Transactions Rule
If the Business Associate conducts in whole or part Transactions on behalf of the Covered Entity for which HHS has
established standards, the Business Associate will comply, and will require any Subcontractor or agent it involves with the
conduct of such Transactions to comply, with each applicable requirement of the Electronic Transactions Rule. The
Business Associate shall also comply with the National Provider Identifier requirements, if and to the extent applicable.
IV. Obligations of the Covered Entity
The Covered Entity shall notify the Business Associate of:
(a) Any limitation(s) in its notice of privacy practices of the Covered Entity in accordance with 45 CFR §164.520, to the
extent that such limitation may affect the Business Associate’s use or disclosure of Protected Health Information;
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(b) Any changes in, or revocation of, permission by the Individual to use or disclose Protected Health Information, to the
extent that such changes may affect the Business Associate’s use or disclosure of Protected Health Information; and
(c) Any restriction to the use or disclosure of Protected Health Information that the Covered Entity has agreed to in
accordance with 45 CFR §164.522, to the extent that such restriction may affect the Business Associate’s use or disclosure
of Protected Health Information.
V. Permissible Requests by the Covered Entity
The Covered Entity shall not request the Business Associate to use or disclose Protected Health Information in any manner
that would not be permissible under the Privacy Rule if done by the Covered Entity.
VI. Individual Rights
(a) Access. The Business Associate will, within twenty-five (25) calendar days following the Covered Entity’s request, make
available to the Covered Entity or, at the Covered Entity’s direction, to an individual (or the individual’s personal
representative) for inspection and obtaining copies of the Covered Entity’s Protected Health Information about the individual
that is in the Business Associate’s custody or control, so that the Covered Entity may meet its access obligations under 45
CFR §164.524. Effective as of the date specified by HHS, if the Protected Health Information is held electronically in a
designated record set in the Business Associate’s custody or control, The Business Associate will provide an electronic
copy in the form and format specified by the Covered Entity if it is readily producible in such format; if it is not readily
producible in such format, the Business Associate will work with the Covered Entity to determine an alternative form and
format as specified by the Covered Entity to meet its electronic access obligations under 45 CFR §164.524.
(b) Amendment. The Business Associate will, upon receipt of written notice from the Covered Entity, promptly amend or
permit the Covered Entity access to amend any portion of the Covered Entity’s Protected Health Information in a designated
record set as directed or agreed to by the Covered Entity, so that the Covered Entity may meet its amendment obligations
under 45 CFR §164.526.
(c) Disclosure Accounting. The Business Associate will maintain and make available the information required to provide
an accounting of disclosures to the Covered Entity as necessary to satisfy the Covered Entity’s obligations under 45 CFR
§164.528.
(i) Disclosures Subject to Accounting. The Business Associate will record the information specified below
(“Disclosure Information”) for each disclosure of the Covered Entity’s Protected Health Information, not excepted from
disclosure accounting as specified below, that the Business Associate makes to the Covered Entity or to a thi rd party.
(ii) Disclosures Not Subject to Accounting. The Business Associate will not be obligated to record Disclosure
Information or otherwise account for disclosures of the Covered Entity’s Protected Health Information if the Covered
Entity need not account for such disclosures under the HIPAA Rules.
(iii) Disclosure Information. With respect to any disclosure by the Business Associate of the Covered Entity’s
Protected Health Information that is not excepted from disclosure accounting under the HIPAA Rules, the Business
Associate will record the following Disclosure Information as applicable to the type of accountable disclosure made:
(A) Disclosure Information Generally. Except for repetitive disclosures of the Covered Entity’s Protected Health
Information as specified below, the Disclosure Information th at the Business Associate must record for each
accountable disclosure is (1) the disclosure date, (2) the name and (if known) address of the entity to which the
Business Associate made the disclosure, (3) a brief description of the Covered Entity’s Protect ed Health Information
disclosed, and (4) a brief statement of the purpose of the disclosure.
(B) Disclosure Information for Repetitive Disclosures. For repetitive disclosures of the Covered Entity’s
Protected Health Information that the Business Associate makes for a single purpose to the same person or
entity (including the Covered Entity), the Disclosure Information that the Business Associate must record is
either the Disclosure Information specified above for each accountable disclosure, or (1) the Disclosure
Information specified above for the first of the repetitive accountable disclosures; (2) the frequency, periodicity,
or number of the repetitive accountable disclosures; and (3) the date of the last of the repetitive accountable
disclosures.
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(iii) Availability of Disclosure Information. The Business Associate will maintain the Disclosure Information for
at least 6 years following the date of the ac countable disclosure to which the Disclosure Information relates (3
years for disclosures related to an Electronic Health Record, starting with the date specified by HHS). The
Business Associate will make the Disclosure Information available to the Covered Entity within twenty-five (25)
calendar days following the Covered Entity’s request for such Disclosure Information to comply with an
individual’s request for disclosure accounting. Effective as of the date specified by HHS, with respect to
disclosures related to an Electronic Health Record, the Business Associate shall provide the accounting directly
to an individual making such a disclosure request, if a direct response is requested by the individual. To the
extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of
45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance
of such obligation(s); and make its internal practices, books, and records available to the Secretary for purposes
of determining compliance with the HIPAA Rules.
(d) Restriction Agreements and Confidential Communications. The Covered Entity shall notify the Business Associate
of any limitations in the notice of privacy practices of Covered Entity under 45 CFR §164.520, to the extent that such
limitation may affect the Business Associate’s use or disclosure of Protected Health Information. The Business Associate
will comply with any agreement that the Covered Entity makes that either: (i) restricts use or disclosure of the Covered
Entity’s Protected Health Information pursuant to 45 CFR §164.522(a); or (ii) requires confidential communication about the
Covered Entity’s Protected Health Information pursuant to 45 CFR §164.5 22(b), provided that the Covered Entity notifies
the Business Associate in writing of the restriction or confidential communication obligations that the Business Associate
must follow. The Covered Entity will promptly notify the Business Associate in writi ng of the termination of any such
restriction agreement or confidential communication requirement and, with respect to termination of any such restriction
agreement, instruct the Business Associate whether any of the Covered Entity’s Protected Health Infor mation will remain
subject to the terms of the restriction agreement. Effective February 17, 2010 (or such other date specified as the effective
date by HHS), the Business Associate will comply with any restriction request if: (i) except as otherwise requi red by law, the
disclosure is to a health plan for purposes of carrying out payment or health care operations (and is not for purposes of
carrying out treatment); and (ii) the Protected Health Information pertains solely to a health care item or service fo r which
the health care provider involved has been paid out-of-pocket in full.
VII. Breaches and Security Incidents
(a) Reporting.
(i) Impermissible Use or Disclosure. The Business Associate will report to Covered Entity any use or disclosure of
Protected Health Information not permitted by this BAA not more than twenty -five (25) calendar days after Business
Associate becomes aware of such non-permitted use or disclosure.
(ii) Privacy or Security Breach. The Business Associate will report to the Covered Entity any use or disclosure of the
Covered Entity’s Protected Health Information not permitted by this BAA of which it becomes aware, including breaches
of Unsecured Protected Health Information as required by 45 CFR 164.410, and any Security Incident of which it
becomes aware. The Business Associate will make the report to the Covered Entity’s Privacy Official not more than
twenty-five (25) calendar days after the Business Associate becomes aware of such non-permitted use or disclosure. If
a delay is requested by a law-enforcement official in accordance with 45 CFR §164.412, the Business Associate may
delay notifying the Covered Entity for the applicable time period. The Business Associate’s report will at least:
(A) Identify the nature of the Breach or other non-permitted use or disclosure, which will include a brief description
of what happened, including the date of any Breach and the date of the discovery of the Breach;
(B) Identify the Covered Entity’s Protected Health Information that was subject to the non -permitted use or
disclosure or Breach (such as whether full name, social security number, date of birth, home address, account
number or other information were involved) on an individual basis;
(C) Identify who made the non-permitted use or disclosure and who received the non-permitted use or disclosure;
(D) Identify what corrective or investigational action the Business Associate took or will take to prevent fur ther non-
permitted uses or disclosures, to mitigate harmful effects and to protect against any further Breaches;
(E) Identify what steps the individuals who were subject to a Breach should take to protect themselves; and
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(F) Provide such other information, including a written report and risk assessment under 45 CFR §164.402, as the
Covered Entity may reasonably request.
(iii) Security Incidents. The Business Associate will report to The Covered Entity any Security Incident of which the
Business Associate becomes aware. The Business Associate will make this report once per month, except if any such
Security Incident resulted in a disclosure not permitted by this BAA or Breach of Unsecured Protected Health
Information, Business Associate will make the report in accordance with the provisions set forth above.
(b) Mitigation. The Business Associate shall mitigate, to the extent practicable, any harmful effect known to the Business
Associate resulting from a use or disclosure in violation of this BAA.
VIII. Term and Termination
(a) Term. The term of this BAA shall be effective as of the date specified below and shall terminate when all Protected
Health Information provided by the Covered Entity to the Business Associate or created or received by the Business
Associate on behalf of the Covered Entity, is destroyed or returned t o the Covered Entity upon termination of the ASA.
(b) Right to Terminate for Cause. The Covered Entity may terminate the ASA if it determines, in its sole discretion, that
the Business Associate has breached a material term of this BAA, and upon written notice to the Business Associate of the
breach, the Business Associate fails to cure the breach within thirty (30) calendar days after receipt of the notice (provided,
however, the Business Associate shall be granted a 30-day cure period only if such material breach can be cured). Any
such termination will be effective immediately or at such other date specified in the Covered Enti ty’s notice of termination.
(c) Treatment of Protected Health Information on Termination.
(i) Return or Destruction of Covered Entity’s Protected Health Information as Feasible. Upon termination or other
conclusion of service provided under the ASA, the Business Associate will, if feasible, return to the Covered Entity or
destroy all of the Covered Entity’s Protected Health Information in whatever form or medium, including all copies thereof
and all data, compilations, and other works derived there from that allow identification of any individual who is a subject
of the Covered Entity’s Protected Health Information. This provision shall apply to Protected Health Information that is
in the possession of Subcontractors or agents of the Business Associate. Further, the Business Associate shall require
any such Subcontractor or agent to certify to the Business Associate that it returned to the Business Associate (so that
the Business Associate may return it to the Covered Entity) or destroyed all such information which could be returned
or destroyed. The Business Associate will complete these obligations as promptly as possible, but not later than thirty
(30) calendar days following the effective date of the termination or other conclusion of the ASA.
(ii) Procedure When Return or Destruction Is Not Feasible. The Business Associate will identify any of the
Covered Entity’s Protected Health Information, including any that the Business Associate has disclosed to
Subcontractors or agents as permitted under this BAA, that cannot feasibly be returned to the Covered Entity or
destroyed and explain why return or destruction is infeasible. The Business Associate will limit its further use or
disclosure of such information to those purposes that make return or destr uction of such information infeasible. The
Business Associate will complete these obligations as promptly as possible, but not later than thirty (30) calendar days
following the effective date of the termination or other conclusion of the ASA.
(iii) Continuing Privacy and Security Obligation. The Business Associate’s obligation to protect the privacy and
safeguard the security of the Covered Entity’s Protected Health Information as specified in this BAA will be continuous
and survive termination or other conclusion of this BAA and the ASA.
IX. Miscellaneous Provisions
(a) Definitions. All terms that are used but not otherwise defined in this BAA shall have the meaning specified under
HIPAA, including its statute, regulations and other official government guidance.
(b) Inspection of Internal Practices, Books, and Records. The Business Associate will make its internal practices,
books, and records relating to its use and disclosure of the Covered Entity’s Protected Health Information available to the
Covered Entity and to HHS to determine compliance with the HIPAA Rules.
(c) Amendment to Agreement. This BAA may be amended only by a written instrument signed by the parties. In case of
a change in applicable law, the parties agree to negotiate in good faith to adopt such amendments as are necessary to
comply with the change in law.
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(d) No Third-Party Beneficiaries. Nothing in this BAA shall be construed as creating any rights or benefits to any third
parties.
(e) Regulatory References. A reference in this BAA to a section in the Privacy Rule means the section as in effect or as
amended.
(f) Survival. The respective rights and obligations under this BAA shall survive the termination of the ASA
(g) Interpretation. Any ambiguity in this BAA shall be resolved to permit the Covered Entity to comply with the HIPAA
Rules.
(h) Notices. All notices hereunder shall be in writing and delivered by hand, by certified mail, return receipt requested or
by overnight delivery. Notices shall be directed to the parties at their respective addresses set forth in the first paragraph of
this BAA or below their signature, as appropriate, or at such other addresses as the parties may from time to time designate
in writing.
(i) Entire Agreement; Modification. This BAA represents the entire agreement between the Business Associate and the
Covered Entity relating to the subject matter hereof. No provision of this BAA may be modified, except in writing, signed by
the parties.
(k) Assistance in Litigation or Administrative Proceedings. The Business Associate shall make itself, and any
subcontractors, employees or agents assisting the Business Associate in the performance of its obligations under this BAA,
available to the Covered Entity, at no cost to the Covered Entity, to testify as witnesses, or otherwise, in the event of litigation
or administrative proceedings being commenced against the Covered Entity, its directors, officers, or employees based
upon a claimed violation of HIPAA, the HIPAA regulations, or other laws relating to security and privacy, except where the
Business Associate or its subcontractors, employees, or agents are named as an adverse party.
(l) Binding Effect. This BAA shall be binding upon the parties hereto and their successors and assigns. For purposes of
this BAA, a signed copy delivered by facsimile or electronically shall be treated by the part ies as an original of this BAA and
shall be given the same force and effect.
(m) Governing Law, Jurisdiction, and Venue. This BAA shall be governed by the law of Georgia (without regard to choice
of law principles) except to the extent preempted by federal law.
(n) Severability. The invalidity or unenforceability of any provisions of this BAA shall not affect the validity or enforceability
of any other provision of this BAA, which shall remain in full force and effect.
(o) Construction and Interpretation. The section headings contained in this BAA are for reference purposes only and
shall not in any way affect the meaning or interpretation of this BAA. This BAA has been negotiated by the parties at arm's -
length and each of them has had an opportunity to mo dify the language of this BAA. Accordingly, the BAA shall be treated
as having been drafted equally by the parties and the language shall be construed as a whole and according to its fair
meaning. Any presumption or principle that the language is to be construed against any party shall not apply. This BAA may
be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constit ute
one and the same agreement.
(p) Electronic Signature. An electronic signature captured within a software system will result in a legally binding contract
under applicable state law.
8
In Witness Whereof, the parties hereto have caused this BAA to be executed as of the date first above written.
BUSINESS ASSOCIATE: COVERED ENTITY:
BASIC Benefits LLC Employer: _______________________________
Signature: _____________________________ Signature: _______________________________
Print Name: ____________________________ Print Name: ______________________________
Title: _________________________________ Title: ____________________________________
Date: _________________________________ Date: ___________________________________
Approved as to form:
_____________________________________
City Attorney
Address for Notice: Address for Notice:
___________________________________ ______________________________________
___________________________________ ______________________________________
___________________________________ ______________________________________
12.09.2019 nar
ADMINISTRATIVE SERVICES AGREEMENT (ASA)
This Administrative Services Agreement (Agreement), effective _________________ is made and entered into by and between BASIC
Benefits, LLC, dba BASIC pacific, that acts as a third-party administrator, and ____________________________________,
(EMPLOYER) the sponsoring employer of one or more employee benefit plans (referred to herein as “employee benefit plans”).
RECITALS
1) EMPLOYER has established one or more employee benefit plans/services identified below for the benefit of its employees and their dependents.
2) EMPLOYER is the Employee Retirement Income Security Act (ERISA) Plan Administrator of such employee benefit plan (if subject to ERISA),
and is the Plan Fiduciary, and has the responsibility for appointing the third-party contract administrator of such employee benefit plan and shall
remain responsible for the maintenance and operation of such employee benefit plan.
3) BASIC pacific is engaged in the business of providing certain third-party contract administration services to sponsoring employers and Plan
Administrators of such employee benefit plans.
4) EMPLOYER desires to enter into an agreement with BASIC pacific under which BASIC pacific will provide certain day-to-day administration
services to EMPLOYER with respect to the employee benefit plans identified in this Agreement and Addendums identified below and attached
hereto:
Flex Administration ◼HSA Administration
◼HRA Administration Commuter Benefits Administration (Parking & Transit)
AGREEMENT
In consideration of the mutual covenants contained herein, the parties agree as follows:
1) Engagement of BASIC pacific: EMPLOYER hereby engages BASIC pacific and BASIC pacific hereby accepts such engagement by EMPLOYER
to perform the third party plan administration services specified in this Agreement and attached Addendums to this Agreement, with respect to
the employee benefit plan(s) and consistent with the relevant provisions of the Internal Revenue Code (“Code”), ERISA (if applicable) and the
terms of the employee benefit plans included by Addendum herein. EMPLOYER understands and agrees that should new and/or additional
regulations, requirements or costs be imposed on EMPLOYER by the relevant provisions of the Internal Revenue Code (“Code”), ERISA (if
applicable) or the terms of the employee benefit plans included by Addendum herein, BASIC pacific may modify said services during the term
of this Agreement in order to timely comply with such new requirement(s) and/or charge additional fees for such new requirement(s) if required
by law or requested by EMPLOYER. BASIC pacific will provide EMPLOYER with prior written notice of any/all additional fees charged for
additional services.
2) Term of Agreement. This Agreement commences on the above listed effective date and has an initial term of one year from the Effective Date
(the “Initial Term”). Thereafter, the Agreement will automatically renew for additional one-year periods (each a “Renewal Term”), unless either
Party notifies the other of an intent to not renew the Agreement no later than 30 days prior to the end of the Initial Term or Renewal Term. The
Initial Term and the Renewal Terms, if any, are collectively referred to as the “Term”, unless discontinued by either party for any of the following
reasons:
a. As of the last day of the term of the Agreement by either party, in its sole and absolute discretion, giving at least thirty (30) days prior
written notice to the other party that the Agreement will not be renewed. The parties agree that because the Effective Date coincides
with the beginning of the calendar year and the EMPLOYER may terminate at the end of the year, this Agreement is not a multi -year
purchase agreement as contemplated by the O.C.G.A. § 36-60-13.
b. As of any date upon which EMPLOYER and BASIC pacific mutually agree;
c. As of the date when EMPLOYER fails to provide the agreed upon funds necessary for the efficient performance of BASIC pacific’s
responsibilities under this Agreement (Notice with a fair and reasonable opportunity to remedy (as defined in 26.B.) will be provided
to EMPLOYER prior to termination of this agreement by BASIC pacific);
d. As of the end of a period of thirty (30) days after written notice of termination for cause has been given by either party to the other,
provided that such cause has not been cured within such thirty (30) day period;
e. Upon termination in accordance with the Force Majeure paragraph, below; or
f. Upon the voluntary or involuntary dissolution of either party.
3) Duties of BASIC pacific: BASIC pacific shall provide to or on behalf of EMPLOYER the services set forth in the Agreement and Addendum(s)
(collectively, the “Services”).
4) Standards of Performance: BASIC pacific will perform all Services diligently and professionally, and at all times, in accordance with the standards
and practices of care, skill, and diligence customarily observed by similar firms under similar circumstances. BASIC pacific warrants that 1) it
has the full right, power, legal capacity and authority to enter into, deliver and fully perform under this Agreement, 2) that its performance
hereunder will comply with all applicable laws, rules and regulations governing such Services; and, 3) that it will comply with all applicable privacy
laws (if required for the services provided, a separate Business Associate Agreement shall be executed).
5) Responsibility of EMPLOYER: EMPLOYER understands and agrees to the following:
a. EMPLOYER understands and agrees that BASIC pacific's performance under this Agreement shall be delivered so as to comply with
the requirements of all applicable laws, including HIPAA, and with the documents governing such services to the extent that s uch
documents are not inconsistent with applicable law. EMPLOYER further understands and agrees that BASIC pacific’s material may
be superseded by changes in the regulations or applicable laws governing the services provided by BASIC pacific. EMPLOYER further
understands & agrees that BASIC pacific’s responsibilities are limited to those services specified in the attached Addendum(s).
EMPLOYER understands that it is solely responsible to ensure their organization is in compliance with regulations not specifi ed in
their Addendum(s), such as compliance with the HIPAA Privacy regulations.
b. In performing its services under this Agreement, BASIC pacific must necessarily rely upon EMPLOYER and others to provide BASIC
pacific with timely, accurate and complete information as requested by BASIC pacific. BASIC pacific shall not be responsible for any
losses, damages, claims or liability of any kind, by the failure of EMPLOYER or others to provide such timely, accurate and c omplete
12.09.2019 nar
information to BASIC pacific. EMPLOYER is responsible for supervising the timely delivery of data and information requested by
BASIC pacific.
c. EMPLOYER shall be responsible for the timely execution and delivery or filing of all documents and forms. BASIC pacific shall provide
all necessary documents and forms in a timely manner so as to allow Employer to review and timely file such documents and forms.
When reviewing any documents or forms prepared by BASIC pacific, EMPLOYER shall report any inaccuracies or errors to BASIC
pacific upon discovery, or as soon as possible thereafter. Although BASIC pacific may assist EMPLOYER as requested in the
preparation of forms, returns and other documents, the decision to prepare and file such documents, as well as all other deci sions
relating to compliance with the reporting and disclosure requirements applicable to the employee benefit plan(s) shall be the sole
responsibility of EMPLOYER.
d. EMPLOYER shall notify BASIC pacific of any changes in information previously given or supplied to BASIC pacific that will impact
BASIC pacific’s provision of Services under this Agreement, particularly with respect to any change or anticipated change in the
employee benefit plan(s) or in the employee census data.
e. EMPLOYER is required to meet all reporting, disclosure and employee benefit plan requirements not specifically performed by BASIC
pacific and identified herein. Failure to comply with all such reporting and disclosure requirements is the sole responsibility of
EMPLOYER.
f. Except as specifically set forth in this Agreement, BASIC pacific shall have no responsibility or liability to any person to fund any
employee benefit plan benefits.
g. BASIC pacific may seek instructions from EMPLOYER on any matter related to the interpretation of any matter pertinent to the benefit
plan(s) or services provided by BASIC pacific and may await the written instructions from EMPLOYER without incurring any liability
under this Agreement whatsoever. If at any time EMPLOYER should fail to give directions to BASIC pacific in a timely manner, BASIC
pacific may act or refrain from acting, and shall be protected in acting or refraining from acting without such directions, as BASIC
pacific reasonably deems in good faith to be appropriate and advisable under the circumstances.
6) Record Keeping: EMPLOYER and BASIC pacific understand and agree to the following:
a. All original employee benefit plan records and documents shall be maintained by EMPLOYER.
b. EMPLOYER understands and agrees that BASIC pacific will retain records for a minimum period of eight (8) years. Records more
than eight (8) years old may be destroyed in an appropriate manner. Any records containing protected health information (as de fined
by HIPAA) shall be maintained in accordance with (1) the terms of the HIPAA privacy and security rules, as well as (2) the BAA entered
into between BASIC pacific and Employer.
c. Upon the termination of this Agreement, BASIC pacific will, upon request by EMPLOYER, complete the processing of this Agreement
under the terms and conditions that would be applicable if this Agreement were still otherwise in full force and effect throu gh the date
of termination. Upon receipt of a directive from EMPLOYER, BASIC pacific will provide all information requested and maintained by
BASIC pacific to ensure the smooth and timely transfer of services to the new administrator. The data will be provided in BASIC
pacific’s standard electronic format. An additional fee of $150 per hour will be charged if EMPLOYER requests that BASIC pacific
provide data/materials in a non-standard format, or for assistance gathering information not maintained by BASIC pacific. Undisputed
fees must be paid to date prior to BASIC pacific providing any data or material.
d. BASIC pacific will promptly make copies of any employee benefit plan records and documents in its possession available to
EMPLOYER upon request. BASIC pacific shall also permit authorized representatives of EMPLOYER, at reasonable times, to have
access to, examine, and make copies of, such records and documents, at EMPLOYER's expense.
e. Should copies of employee benefit plan records or documents be requested by any employee, participant, beneficiary, court or
governmental agency, BASIC pacific will promptly notify EMPLOYER and will make and provide the requested copies.
7) Confidential Information: All records, files, documents (including certain information that is known by BASIC pacific to be confidential and
proprietary to EMPLOYER’s general organization, operations and structure) and the like relating to EMPLOYER's employee benefit plan(s),
including, without limitation, personal information of employees of the EMPLOYER or participants in the employee benefit plans, with which
BASIC pacific shall come into contact shall remain the sole property of EMPLOYER and shall not be disclosed to third parties except as
authorized in this Agreement, as authorized by the BAA between the Employer and BASIC pacific, as otherwise authorized by EMPLOYER in
writing, or pursuant to the direction or order of a governmental agency or a court of competent jurisdiction. To the extent permitted, BASIC pacific
will give EMPLOYER adequate time to contest such direction or order. However, any additional time spent by BASIC pacific pertaining to an
EMPLOYER that chooses to contest a governmental direction or order shall be billed to the EMPLOYER at the rate of $150 per hour.
Notwithstanding any of the foregoing, any examination or copying of participant records shall be carried out in a manner designed to protect the
confidentiality of such information. All written materials constituting or incorporating any such information described herein shall be returned to
EMPLOYER upon request.
8) No Legal or Tax Services: EMPLOYER recognizes that BASIC pacific is not authorized to engage in the practices of law or accounting and that
BASIC pacific will not provide legal or tax services to EMPLOYER or any other person. EMPLOYER agrees that they are responsible to obtain
legal and tax guidance from their counsel when appropriate. Whenever a legal or tax issue arises in the course of the work to be performed
under this Agreement, EMPLOYER shall be responsible to obtain such legal or tax guidance as may be necessary to resolve the i ssue.
EMPLOYER shall notify BASIC pacific of their decision accordingly and BASIC pacific shall be entitled to rely upon direction from EMPLOYER
in the performance of its services for EMPLOYER.
9) Advice and Recommendations: EMPLOYER understands and agrees that, although BASIC pacific may from time to time call to EMPLOYER's
attention and make recommendations concerning potential or actual problems that may come to BASIC pacific's attention with respect to the
operation and administration of EMPLOYER's employee benefit plan(s), such advice and recommendations are a matter of accommodation only
and BASIC pacific shall have no duty to give such advice, make such recommendations, or otherwise to question any actions or decisions of
EMPLOYER, the sponsoring employer, any employee benefit plan fiduciary, or any of their respective agents or employees.
10) Not a Fiduciary: EMPLOYER and BASIC pacific understand and agree to the following:
a. EMPLOYER understands and agrees that BASIC pacific is not the “Plan Administrator” of any of the employee benefit plan(s) and
that BASIC pacific is not a fiduciary with respect to any such employee benefit plan. BASIC pacific acts in a ministerial capacity only.
EMPLOYER will communicate to the sponsoring employer (if different), all employee benefit plan fiduciaries, and participants that
BASIC pacific does not act as a fiduciary.
b. EMPLOYER and each employee benefit plan fiduciary shall retain his, her, it’s or their full authority, discretion and responsibility for
the operation of the employee benefit plan(s) with respect to which BASIC pacific is providing its services under this Agreement.
BASIC pacific shall be entitled to rely on the EMPLOYER’s or other plan fiduciary’s decision with respect to any claim for benefits
under any employee benefit plan, and BASIC pacific shall perform its services under this Agreement in accordance with such
decisions.
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c. Unless expressly stated in an amendment to the Agreement, or in a separate agreement, BASIC pacific accepts no responsibility for
the distribution of summary plan descriptions (SPD’s) to employees or dependents.
11) Independent Contractor Status: Neither BASIC pacific, nor any party contracting with BASIC pacific shall be deemed to be an employee of
EMPLOYER. BASIC pacific is and shall be an independent contractor with respect to EMPLOYER. The legal relationship of any person
performing services for BASIC pacific shall be one solely between BASIC pacific and such person. Neither party has the right or ability to bind
the other party to any agreement with a third party or to incur any obligation or liability on behalf of the other party without the other party’s written
consent.
12) Indemnity by EMPLOYER:
a. Limitation on Cumulative Liability. The cumulative liability of EMPLOYER to BASIC pacific (and BASIC pacific to EMPLOYER) for any
actual or alleged damages arising out of, based on or relating to this Agreement, whether based upon breach of contract, tort (including
negligence), warranty or any other legal theory, shall not exceed the greater of: (a) BASIC pacific’s available insurance coverage; or
(b) the charges paid by EMPLOYER to BASIC pacific. This limitation will not apply to breach of confidential information as described
in Section 7; damages occasioned by the fraud, gross negligence, or willful misconduct by BASIC pacific or its agents; and except as
provided under any Business Associate Agreement or confidential information entered into by the parties which is incorporated herein
by reference.
b. Limitation on Specified Damages. In no event shall either party be liable for any indirect, special, incidental, consequential, punitive,
or exemplary damages (including damages related to delays, loss of data, interruption of service or loss of business or profits or
revenue), even if either party has been advised of the possibility of such damages. In no event shall either party be liable for any
third-party claim.
c. Assertion of Claims. Any claim or cause of action arising out of, based on, or relating to this Agreement not presented to both parties
within six months from the discovery of the claim or cause of action shall be deemed waived. Both parties shall have the duty to
mitigate damages for which the opposite party may become responsible under this Agreement.
d. Indemnification by EMPLOYER. To the extent, if any, permitted by law, EMPLOYER shall indemnify BASIC Pacific and hold it
harmless from and against all loss, liability, damage, expense, attorney's fees, or other obligations to the extent caused by any
negligent or otherwise wrongful act or omission of EMPLOYER in connection with the Agreement, or claim, demand, or lawsuit to the
extent caused by services performed (or not performed) by EMPLOYER hereunder. In addition, EMPLOYER shall indemnify BASIC
Pacific and hold it harmless from and against any liability, expense, demand, or other obligation resulting from any applicable taxes,
or similar assessment (federal or state), for which EMPLOYER is solely liable.
e. Indemnification by BASIC Pacific. BASIC Pacific shall indemnify EMPLOYER and hold it harmless from and against all loss, liability,
damage, expense, attorney's fees, or other obligations to the extent caused by any negligent or otherwise wrongful act or omission of
BASIC Pacific in connection with the Agreement
13) Insurance: BASIC pacific shall at all times maintain commercially reasonable business & liability insurance coverage as well as all coverage
required by law for its services, obligations, employment and physical assets. All coverage shall meet or exceed minimum requ ired coverage
levels.
14) Amendment: Except as otherwise provided in this Agreement, no waiver or modification of any part of this Agreement shall be valid unless in
writing and duly executed by both parties. This Agreement may be amended at any time, in whole or in part, in writing signed by EMPLOYER
and BASIC pacific that recites specifically that it is an amendment to the terms of this Agreement.
15) Governing Law: The laws of the State of Georgia, without regard to Georgia’s conflict of law’s provisions, shall govern the construction and
interpretation of this Agreement. Both Parties consent to jurisdiction and venue in the state and federal courts in Fulton County, Georgia. In any
action or suit to enforce any right or remedy in this Agreement or to interpret any provision of this Agreement, the prevaili ng Party in a final
determination shall be entitled to recover its costs, including reasonable attorneys’ fees.
16) Audit Rights. The parties agree to cooperate in all reasonable audits. Audit fees shall be payable by the party initiating the audit. Audits shall be
conducted using procedures mutually agreed upon by the parties. Results of the audit may be shared with the party being audited at the sole
discretion of the party initiating the audit.
17) Non-Assumption of Liabilities. Unless specifically provided in this Agreement and Addendum(s), the parties do not assume the existing or future
obligations, liabilities or debts of the other party.
18) Partial Invalidity: The invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any
other provision of this Agreement.
19) Waiver: Failure to insist upon strict compliance with any provision of this Agreement shall not be deemed to be a waiver of such provision or any
other provision. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other provision or of any
subsequent breach of such provision.
20) Assignment. This Agreement is binding on the parties hereto and their respective successors and assigns. Either party may, or has the power
to, assign this Agreement without the prior written consent of the other. Further, BASIC pacific may assign its rights and obligations under this
Agreement without the approval of EMPLOYER (a) to an entity which acquires all or substantially all of the assets of BASIC pacific, or (b) to any
subsidiary or Affiliate or successor in a merger, acquisition, restructuring or reorganiz ation of BASIC pacific.
21) Notice: Any notice required or permitted to be given under this Agreement shall be provided in writing and delivered by the most ex peditious
means available including, but not limited to email, facsimile, overnight courier or certif ied or registered mail to the addresses set forth below.
Notice to EMPLOYER shall be sent to:
EMPLOYER: BASIC Benefits
Headquarters
9246 Portage Industrial Dr.
Portage, MI 49024
22) Enforcement: In the event a dispute should arise regarding the interpretation or enforcement of any of the terms of this Agreement, the parties
shall attempt in good faith to resolve informally and promptly any such dispute. The parties agree that this Agreement shall be governed by and
construed and interpreted in accordance with the laws of Georgia without giving effect to any principles of conflicts of law.
23) Force Majeure. Except for either party’s obligations as stated in this Agreement, neither party is responsible for delays or failures in performance
resulting from acts or events beyond its reasonable control, including but not limited to, acts of nature, governmental actions, fire, labor difficulties
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or shortages, civil disturbances, transportation problems, interruptions of power supply or communications or natural disasters, or interruptions
of financial markets, provided such Party takes reasonable efforts to minimize the effect of such acts or events.
24) Limitations on Actions: Notwithstanding any applicable law that may provide for a longer period of time, no action, regardless of its form, arising
out of this Agreement may be brought by either party more than four (4) years after the cause of action has arisen, including if the action involves
nonpayment.
25) Fees and Charges: Fees and charges specific to an employee benefit plan or service provided by BASIC pacific are stated on the Addendum(s)
made part of this Agreement. General fees and charges are as follows:
a. Document/Service Agreement Modifications – BASIC pacific provides complete documents and service agreements as part of our
base service fee. Because BASIC pacific uses a professional document system, all documents generated by the system are
maintained by the attorneys of the system provider. As such, BASIC pacific cannot modify document language unless it is intended
to be edited within the system. As documents are the property of each EMPLOYER, EMPLOYER is free to modify any document
language that is desires. However, BASIC pacific will only support or retain edits that are designed to be permitted within the system.
Any changes made by EMPLOYER that are not intended to be edited within the system shall be the sole responsibility of EMPLOYER.
In addition, future amendments and restatements generated in the system will not reflect such changes made by EMPLOYER. BASIC
pacific will not charge EMPLOYER for up to one hour of time pertaining to documents and document revisions each year. BASIC
pacific staff time spent at EMPLOYER’s request in excess of one hour per year will be charged to EMPLOYER at the rate of $75/hour.
Should EMPLOYER desire a legal opinion, BASIC pacific will make their consulting ERISA attorney available to EMPLOYER at the
hourly rate then charged to BASIC pacific by such attorney.
b. All undisputed fees are due and payable within thirty (30) days of the date of the invoice. A late payment penalty may be charged for
all undisputed fees not received within sixty (60) days of the invoice date. The penalty will be one- and one-half percent (1.5%) of the
undisputed delinquent balance per month or, where a lower rate is prescribed by law, the highest rate thereby permitted. In a ddition,
BASIC pacific retains the right to suspend or terminate services if the delinquent payment is not received by BASIC pacific within
ninety (90) days of the invoice date, provided EMPLOYER is given at least thirty (30) days’ notice of delinquency. An additio nal
reinstatement fee will apply to reinstate services after suspension or termination due to EMPLOYER’s failure to pay undisputed fees
by the deadline stated herein.
c. Upon termination of services, BASIC pacific reserves the right to suspend all services until all undisputed fees due are received from
EMPLOYER. Further, BASIC pacific reserves the right to deduct undisputed outstanding fees from EMPLOYER general assets held
by BASIC pacific for the payment of benefits.
d. BASIC pacific reserves the right to modify charges for administrative services and assistance effective on the contract renewal date
provided EMPLOYER receives 60 days advance notice.
e. Upon request by EMPLOYER, BASIC pacific will assist EMPLOYER with issues that existed prior to the commencement of services
with BASIC pacific. The additional charge for this service is $75 per hour.
f. Work that must be duplicated or corrected resulting from late or inaccurate information from EMPLOYER (e.g. resend COBRA notices,
correct posted FSA contributions, etc.) may be charged at the rate of $75 per hour.
g. EMPLOYER may request that any document or material be mailed via special delivery. EMPLOYER understands and agrees to pay
shipping and handling charges incurred by BASIC pacific for all requests for special delivery. Upon request, BASIC pacific will ask
EMPLOYER for their shipping number. Alternatively, BASIC pacific will add the charge to a subsequent EMPLOYER invoice.
h. BASIC pacific will add an additional fee of $20 to EMPLOYER’s monthly fee invoice for each wire transfer received from EMPLOYER
(fees or claim funding). EMPLOYER may avoid this charge by remitting funds by check or ACH.
i. If requested by EMPLOYER, BASIC pacific will name EMPLOYER as a “Primary” and/or “Additional” insured on BASIC pacific’s
General/Business liability policy at no charge. However, should EMPLOYER require BASIC pacific to name EMPLOYER as “Primary
and Non-Contributory” insured, EMPLOYER understands and agrees that BASIC pacific will pass through to EMPLOYER (i.e.
EMPLOYER will pay) additional charges (if any) charged by BASIC pacific’s insurer to name EMPLOYER as “Primary and Non-
Contributory”.
26) Consideration: EMPLOYER understands and agrees that authorizing services to be performed by BASIC pacific or paying fees to BASIC pacific
(whether paid directly or by a third-party), constitutes acceptance by EMPLOYER of the terms and conditions of this Agreement (including all
Addendums listed herein) even if EMPLOYER has not yet executed and returned this Agreement to BASIC pacific by the first day of the contract
period specified herein.
27) Nondiscrimination. The provisions in this section will apply to the services performed under this Agreement and any addendum associated
with this Agreement, including any flexible benefit plan administration services agreement and any HRA benefit plan administr ation services
agreement. 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, BASIC pacific agrees that, during performance of this Agreement, BASIC pacific, for itself, its assignees and
successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any sup plier because of
race, color, creed, national origin, gender, age or disability.
28) Ethics Code; Conflict of Interest: The provisions in this section will apply to the services performed under this Agreement and any addendum
associated with this Agreement, including any flexible benefit plan administration services agreement and any HRA benefit plan administration
services agreement. BASIC pacific 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. BASIC pacific certifies that to the best of its knowledge no circumstances exist which will
cause a conflict of interest in performing the Work. Should BASIC pacific become aware of any circumstances that may cause a conflict of
interest during the Term of this Agreement, BASIC pacific shall immediately notify EMPLOYER. If EMPLOYER determines that a conflict of
interest exists, EMPLOYER may require that BASIC pacific take action to remedy the conflict of interest or terminate the Agreement without
liability. EMPLOYER shall have the right to recover any fees paid for services rendered by BASIC pacific when such services were performed
while a conflict of interest existed if BASIC pacific had knowledge of the conflict of interest and did not notify EMPLOYER within five (5) business
days of becoming aware of the existence of the conflict of interest. BASIC pacific and EMPLOYER acknowledge that it is prohibited for any
person to offer, give, or agree to give any EMPLOYER employee or official, or for any EMPLOYER employee or official t o 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 advis ory 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. BASIC pacific and EMPLOYER 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
BASIC pacific 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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30) Entire Agreement: This Agreement (including the Addendums which are a part of this Agreement and the Business Associate Agreement, if
applicable) constitutes the entire agreement between BASIC pacific and EMPLOYER as it relates to the provision of administrative services.
This Agreement supersedes all prior and contemporaneous agreements, understandings and representations between the parties, whether
written or oral.
Each of the undersigned individuals represents and warrants that he or she is expressly and duly authorized by his or her respective entity or agency
to execute this Agreement and to legally bind each such entity or agency as set forth in this Agreement.
In Witness Whereof, the parties hereto have caused this Agreement to be executed as of the date first above written.
BASIC Benefits, LLC / BASIC pacific: Employer: __________________________________
Signature: __________________________________ Signature: __________________________________
Print Name: _________________________________ Print Name: _________________________________
Title: ______________________________________ Title: ______________________________________
Date: ______________________________________ Date: ______________________________________
City Attorney Approval as to Form
By: ______________________________________
Print: ______________________________________
Date: ______________________________________
COBRA ADMINISTRATION SERVICE AGREEMENT
This Administration Service Agreement (Agreement) is made and entered into by and between
__________________________(“Employer”) and BASIC Benefits, LLC (“BASIC Benefits”), a
Delaware company.
WHEREAS, the EMPLOYER has established one or more employee welfare benefit plans
(hereafter referred to collectively as the “Plan”) for the benefit of its eligible employees, spouses and
dependents; and,
WHEREAS, the EMPLOYER is the Plan Sponsor and Plan Fiduciary for the Plan and, as such,
has determined that it is required to comply with the Consolidated Omnibus Budget Reconciliation Act
of 1985, as amended ("COBRA"); and,
WHEREAS, the EMPLOYER may appoint a third-party contract administrator to assist with
COBRA for the Plan, and shall remain responsible for the maintenance and operation of the Plan; and,
WHEREAS, BASIC Benefits is in the business of providing third-party COBRA administration
services to Plan Sponsors of such Plans; and,
WHEREAS, the EMPLOYER desires to enter into an agreement under which BASIC Benefits will
perform specified administration services to EMPLOYER with respect to the Plan in accordance with this
Agreement;
NOW THEREFORE, in consideration of the mutual agreements and covenants herein and other
good and valuable consideration, the EMPLOYER and BASIC Benefits hereby agree as follows:
TERM
The term for services provided herein shall be effective as of ___________________________ and
renews for additional successive terms of one year (each “renewal term”), unless either partner provides
written notice to the other party at least 60 days prior to the end of the current term.
TERMINATION
For each subsequent year, this Agreement shall automatically renew, unless discontinued for any of the
following reasons:
• As of the first day of any calendar month after sixty (60) days written notice is provided by either party.
• As of any date upon which EMPLOYER and BASIC Benefits mutually agree in writing;
• As of the end of a period of thirty (30) days after formal notice of termination for cause has been
given by either party to the other, provided that such cause has not been cured within such thirty
(30) day period;
• Upon termination in accordance with the Force Majeure paragraph below; or,
• Upon the voluntary or involuntary dissolution of either party.
• Upon the termination of this Agreement, BASIC Benefits will, upon request by EMPLOYER, complete
the processing of this Agreement under the terms and conditions that would be applicable if this
Agreement were still otherwise in full force and effect through the date of termination. Upon receipt of
a directive from EMPLOYER, BASIC Benefits will provide EMPLOYER or an entity designated by
EMPLOYER all information requested and maintained by BASIC Benefits to ensure the smooth and
timely transfer of services to a new administrator. The data will be provided in the electronic format
requested by EMPLOYER. All information, claims, requests, and elections submitted by QBs to BASIC
Benefits after the date of termination will be redirected to EMPLOYER or an entity designated by
EMPLOYER.
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DUTIES OF BASIC
• BASIC Benefits will promptly make employee benefit plan records and documents in its possession
available to EMPLOYER upon request.
• Should copies of employee benefit plan records or documents be requested by any QB, court or
governmental agency, BASIC Benefits will promptly notify EMPLOYER and will provide the
requested material in a timely manner.
• BASIC Benefits will perform all Services diligently and professionally, and at all times, in accordance
with the standards and practices of care, skill, and diligence customarily observed by similar firms under
similar circumstances. BASIC Benefits warrants that 1) it has the full right, power, legal capacity and
authority to enter into, deliver and fully perform under this Agreement, 2) that its performance hereunder
will comply with all applicable laws, rules and regulations governing such services; and, 3) that it will
comply with all applicable privacy laws as defined in the Business Associate Agreement executed by
the parties.
• Assist EMPLOYER in fulfilling those duties and responsibilities required by the Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA), as amended, the regulations promulgated there under by
the Department of Labor (DOL regulations) and the Department of the Treasury, the American
Recovery and Reinvestment Act of 2009, and all other administrative law, guidance and applicable
decisional law under and/or impacting COBRA (collectively, “Applicable Law”) with regard to the
employee benefit plans communicated to BASIC Benefits.
• BASIC Benefits will furnish all required notifications, including, but not limited to, the General Notice of
COBRA Continuation Coverage Rights (“General Notice”), the COBRA Continuation Coverage Election
Notice (“Qualifying Event Notice”) and a notice of early termination that are consistent with the DOL
model notices. It will furnish such notices in the time and manner prescribed by Applicable Law and the
benefit plan documents.
• BASIC Benefits will make every reasonable effort to mail the DOL Initial (General) Notice and Qualifying
Event Notice within three business days following receipt.
• BASIC Benefits guarantees all notices will be mailed within the timelines required by Applicable Law.
• BASIC Benefits will mail all COBRA notices required by Applicable Law USPS First Class to the
address provided by EMPLOYER. A "hard" copy of the postage-prepaid envelope will be maintained
for a period of not less than six (6) months. Thereafter, BASIC Benefits will maintain a copy of the
envelope in .pdf format for a period of not less than seven (7) years. All other records will be
maintained in electronic format for a period of not less than seven (7) years.
• BASIC Benefits will provide all State required COBRA notices.
• BASIC Benefits will notify carriers (or the EMPLOYER if requested) of all COBRA enrollments,
terminations and changes of coverage in the manner instructed within three business days of receipt.
For COBRA enrollments, “receipt” means all required paperwork is properly completed and the initial
premium is received. BASIC Benefits will notify QBs as soon as administratively possible if their
required paperwork is incomplete. This service does not guarantee that the carrier(s) will reinstate,
terminate or change the coverage as directed by BASIC Benefits.
• BASIC Benefits will provide each Qualified Beneficiary (“QB”) who elects COBRA with payment
coupons. New coupons will be provided whenever there is a change of coverage or premiums.
EMPLOYER understands and agrees that payment coupons are a value-added service and are not
required to be provided. As will be stated in the Qualifying Event Notice, QBs will remain fully
responsible to pay their COBRA premiums on a timely basis even if they have not received payment
coupons.
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• BASIC Benefits will provide QBs with the following options to pay COBRA premiums after initial
enrollment: (1) check; (2) ongoing ACH bank draft; (3) electronic/virtual check (additional charges
apply); or, (4) credit card (additional charges apply). The EMPLOYER may pay COBRA premiums on
behalf of a QB under a severance agreement.
• If a QB underpays their COBRA premium by an "insignificant amount", BASIC Benefits will issue a
notice giving them 30 days to make up the underpayment. EMPLOYER understands and agrees to
BASIC Benefits’ definition of "insignificant amount", which is the lesser of $50 or 10% of the premium
due.
• BASIC Benefits will maintain all banking requirements necessary to receive and distribute COBRA
premiums in a timely manner.
• BASIC Benefits will provide 24/7/365 EMPLOYER access to a full-service web portal. The portal will
provide detailed, real-time plan and QB information, including last payment made and next payment
due detail. EMPLOYER may run real-time management reports for all information needed, including:
(a) election notifications mailed; (b) DOL “General” notices mailed; (c) all active and terminated QBs;
(d) all QBs within their original election period; and, (e) all other notices mailed to QBs.
• BASIC Benefits will provide 24/7/365 QB access to a full-service web portal. The portal will provide
detailed, real-time plan and payment information, including last payment made and next payment due
detail. The QB will be able to pay their premium online if desired.
• BASIC Benefits will provide 24/7/365 broker access to a full-service web portal. The portal will provide
detailed, real-time plan and QB information, including last payment made and next payment due detail.
Broker may run real-time management reports for all information needed.
• On or about the 10th of each month, BASIC Benefits will remit premiums for the previous month to
EMPLOYER.
• BASIC Benefits will provide unlimited toll-free customer service for employers and QBs.
• If requested by EMPLOYER (and approved by BASIC Benefits), BASIC Benefits will pay COBRA
premiums directly to the appropriate carrier. This service is only available if the following conditions
apply: (1) The carriers must provide a separate bill & account number for COBRA participants; (2) The
carriers must permit bills to be adjusted; (3) the carrier must accept payment and eligibility data up to
60 days in arrears; and (4) the carriers must accept BASIC Benefits’ reporting forms. If desired by
the EMPLOYER (and approved by BASIC Benefits), the additional fee will be charged each month for
each carrier bill. In addition, a one-time hourly fee of $75 will be charged if the EMPLOYER requests
BASIC Benefits’ assistance with carrier bills that are not in existence at the time this service
commences.
• BASIC Benefits will mail, assist QBs and process "open-enrollment" elections for QBs provided
EMPLOYER provides BASIC Benefits with a "mail-ready" enrollment packet in a timely manner.
Additional charges apply for packets that exceed 30 pages (60 sides).
• BASIC Benefits will assist EMPLOYER with an audit, whether initiated by a governmental agency or
internally by EMPLOYER. There is no charge to provide standard management reports that can be
generated directly from the administration system. BASIC Benefits will not charge EMPLOYER for the
first 30 minutes of staff time required to provide EMPLOYER with additional information requested,
including but not limited to: researching EMPLOYER records maintained outside the administration
system, providing copies of checks, attending meetings on behalf of EMPLOYER and/or creating
custom reports. Time in excess of 30 minutes will be billed at the rate of $75 per hour. BASIC Benefits
will honor the terms of this section for as long as records are maintained.
• BASIC Benefits shall permit authorized representatives of EMPLOYER, at reasonable times, to have
access to, examine, and make copies of, such records and documents, at EMPLOYER's expense.
4
• BASIC Benefits agrees that it shall amend and update any material that has been superseded by
changes in the regulations or applicable laws governing the services provided under this Agreement.
DUTIES OF EMPLOYER
• EMPLOYER agrees to provide all carrier information necessary for BASIC Benefits to perform its duties
under this Agreement, including but not limited to the plan name, plan number, renewal date, and
eligibility contact information (including fax number).
• EMPLOYER agrees to report plan and eligibility information/changes in a timely manner.
• EMPLOYER agrees to provide accurate and complete information. Electronic information must be
provided in the format required by BASIC Benefits. The charge to
modify/correct/complete/customize/redo electronic enrollment and eligibility data because it is not
provided in the required format will be $150 per hour. However, BASIC Benefits will notify EMPLOYER
that the electronic enrollment and eligibility data was not provided in the required format and allow
EMPLOYER to make any modifications or corrections beforehand.
• EMPLOYER agrees to reconcile carrier and BASIC Benefits records monthly to ensure carrier
eligibility records are maintained accurately at all times. This means the EMPLOYER must compare
carrier and BASIC Benefits records monthly to ensure they: (a) are not paying premiums to the carrier
for coverage that has been terminated; (b) are paying carriers for coverage that has been elected
and paid for by a QB; and, (c) are paying the correct premium. EMPLOYER is responsible for any
premiums due as a result of EMPLOYER’S failure to maintain accurate and timely records.
EMPLOYER understands and agrees that even if BASIC Benefits fails to notify carriers properly, any
liability, premiums, penalties, and other charges incurred as a result of EMPLOYER'S failure to review
and report discrepancies in a timely manner is and shall remain the sole responsibility of EMPLOYER.
This EMPLOYER liability only applies if EMPLOYER pays COBRA premiums to the carrier. If BASIC
Benefits pays the carriers, then BASIC Benefits accepts full financial responsibility to maintain
eligibility with the carriers.
• EMPLOYER agrees to generate and review management reports monthly and report all inaccuracies
and discrepancies immediately. EMPLOYER'S monthly responsibilities include:
(1) ensure that all required DOL General Notices were mailed; and, (2) ensure that all Qualifying Event
Notices were mailed.
• If HIPAA requires that covered individuals (employee, spouse and dependent) receive a Certification
of Creditable Coverage when there is a loss of coverage, regardless of the reason, the EMPLOYER
may opt for BASIC Benefits’ optional HIPAA Certification service. EMPLOYER agrees the service is
limited to Certificates mailed when coverage is lost as a result of a COBRA qualifying event and upon
termination of COBRA coverage for any reason. BASIC Benefits shall not be responsible to issue
HIPAA Certifications under any other circumstances.
• EMPLOYER agrees to notify BASIC Benefits immediately upon an employee or spouse first becoming
covered under one or more COBRA qualified health plans. EMPLOYER agrees that whenever possible,
BASIC Benefits must be notified prior to coverage taking effect but never more than 14 days after
coverage takes effect.
• EMPLOYER agrees to notify BASIC Benefits upon the occurrence of a COBRA "qualifying event" (as
defined under Applicable Law) that results in a loss of coverage for an employee, spouse or dependent.
EMPLOYER understands and agrees that it is legally responsible to notify BASIC Benefits of all
COBRA Qualifying Events no later than 30 days after the event date.
• EMPLOYER agrees that all material generated by BASIC Benefits will be provided exclusively in
English.
5
• EMPLOYER agrees to pay the charge for all special delivery requests. If requested, EMPLOYER must
provide special delivery billing/payment information. BASIC Benefits will not ship special delivery
without the EMPLOYER’S payment information.
• EMPLOYER agrees to maintain an approved email address on file with BASIC Benefits at all times.
• EMPLOYER agrees to notify BASIC Benefits at least 30 days in advance of adding, dropping or
changing any health plan subject to COBRA, or, if less, immediately upon EMPLOYER receiving the
information from the carrier(s). A "change" includes, but is not limited to, a change of premium. If the
EMPLOYER fails to notify BASIC Benefits timely, EMPLOYER understands that they may be required
to absorb the cost/additional cost of the premium for any period during which the COBRA participant
did not receive timely advance notification.
• In performing its services under this Agreement, BASIC Benefits must rely upon EMPLOYER to provide
timely, accurate and complete information. BASIC Benefits shall not be responsible for any losses,
damages, claims or liability of any kind, caused by the failure of EMPLOYER to provide timely, accurate
and complete information.
• Except as specifically set forth in this Agreement, BASIC Benefits shall have no responsibility or liability
to any person to fund any Plan benefits or pay any Plan premiums.
• BASIC Benefits may seek instructions from EMPLOYER on any matter related to the interpretation
pertinent to the Plan or services provided and may await formal instructions from EMPLOYER without
incurring any liability under this Agreement whatsoever. If at any time EMPLOYER should fail to provide
timely direction when requested, BASIC Benefits may act or refrain from acting, and shall be protected
in acting or refraining from acting without such directions, as BASIC Benefits reasonably deems in good
faith to be appropriate and advisable under the circumstances.
• EMPLOYER understands and agrees that should new and/or additional requirements that impact this
service be imposed upon EMPLOYER by any Applicable Law or by the Plan, BASIC Benefits may
modify this Agreement accordingly and may charge additional fees, if warranted. BASIC Benefits will
provide EMPLOYER with written notice at least sixty (60) days prior should additional fees be required.
Unless required by law, EMPLOYER will have the option to decline BASIC Benefits’ offer to comply
with such new/additional requirements, which may necessarily result in termination of services on a
date mutually agreed upon by EMPLOYER and BASIC Benefits.
ADDITIONAL TERMS
• Confidential Information: All records, files, documents (including certain information that is known by
BASIC Benefits to be confidential and proprietary to EMPLOYER’s general organization, operations
and structure) and the like relating to EMPLOYER's Plan, including, without limitation, personal
information of employees of the EMPLOYER or participants in the employee benefit plans, with which
BASIC Benefits shall come into contact shall remain the sole property of EMPLOYER and shall not
be disclosed to third parties except as authorized in this Agreement, as authorized by the BAA
between the Employer and BASIC Benefits, as otherwise authorized by EMPLOYER in writing, or
pursuant to the direction or order of a governmental agency or a court of competent jurisdiction. To
the extent permitted, BASIC Benefits will give EMPLOYER adequate time to contest such direction or
order. However, any additional time spent by BASIC Benefits pertaining to an EMPLOYER that
chooses to contest a governmental direction or order shall be billed to the EMPLOYER at the rate of
$150 per hour. Notwithstanding any of the foregoing, any examination or copying of participant records
shall be carried out in a manner designed to protect the confidentiality of such information. All written
materials constituting or incorporating any such information described herein shall be returned to
EMPLOYER upon request.
• No Legal or Tax Services: EMPLOYER recognizes that BASIC Benefits is not authorized to engage in
6
the practices of law or accounting and will not provide legal or tax services to EMPLOYER or any other
person. EMPLOYER agrees that they are responsible to obtain legal and tax guidance from their
counsel when appropriate. Whenever a legal or tax issue arises in the course of the work to be
performed under this Agreement, EMPLOYER shall be responsible to obtain such legal or tax guidance
as may be necessary to resolve the issue. EMPLOYER shall notify BASIC Benefits of their decision
and BASIC Benefits shall be entitled to rely upon direction from EMPLOYER in the performance of its
services.
• Advice and Recommendations: EMPLOYER understands and agrees that, although BASIC Benefits
may from time to time call to EMPLOYER's attention and make recommendations concerning potential
or actual problems that may come to BASIC Benefits’ attention with respect to the operation and
administration of EMPLOYER'S employee benefit plan(s), such advice and recommendations are a
matter of accommodation only and BASIC Benefits shall have no duty to give such advice, make such
recommendations, or otherwise to question any actions or decisions of EMPLOYER, any employee
benefit plan fiduciary, or any of their respective agents or employees.
• Not a Fiduciary: EMPLOYER and BASIC Benefits understand and agree to the following:
A. EMPLOYER understands and agrees that BASIC Benefits is not the “Plan Administrator” of
the Plan and that BASIC Benefits is not a fiduciary with respect to such Plan. BASIC Benefits
acts in a ministerial capacity only.
B. EMPLOYER and each Plan fiduciary shall retain their full authority, discretion and
responsibility for the operation of the Plan with respect to which BASIC Benefits is providing
its services under this Agreement. BASIC Benefits shall be entitled to rely on the
EMPLOYER’s or other Plan fiduciary’s decision with respect to any claim for benefits under
the Plan, and BASIC Benefits shall perform its services under this Agreement in accordance
with such decisions.
C. Unless expressly stated in this Agreement, or in a separate agreement, BASIC Benefits
accepts no responsibility for the distribution of summary plan descriptions (SPDs) to QBs
other than those provided as part of the annual open enrollment packet.
• Independent Contractor Status: Neither BASIC Benefits, nor any party contracting with BASIC
Benefits shall be deemed to be an employee of EMPLOYER. BASIC Benefits is and shall be an
independent contractor with respect to EMPLOYER. The legal relationship of any person performing
services for BASIC Benefits shall be one solely between BASIC Benefits and such person. Neither
party has the right or ability to bind the other party to any agreement with a third party or to incur
any obligation or liability on behalf of the other party without the other party’s written consent.
• Indemnity by EMPLOYER: EMPLOYER agrees to indemnify, defend and hold BASIC Benefits, its
partners, directors, officers, employees, affiliates and successors harmless from any claim, damage,
loss, demand, benefit, payment, tax, costs, charges, penalties and reasonable legal expenses
(collectively, “Losses”) resulting directly or indirectly from EMPLOYER’s breach of its obligations under
this Agreement or as a result of EMPLOYER’s negligence or willful misconduct in performing its duties
and responsibilities under this Agreement except to the extent such Losses result directly or indirectly
from BASIC Benefits’ breach of its obligations under this Agreement or from BASIC Benefits’
negligence or willful misconduct in performing its duties and responsibilities under this Agreement.
• Indemnity by BASIC Benefits: BASIC Benefits agrees to indemnify, defend and hold EMPLOYER, its
partners, directors, officers, employees, affiliates and successors harmless from any claim, damage,
loss, demand, benefit, payment, tax, costs, charges, penalties and reasonable legal expenses
(collectively, “Losses”) resulting directly or indirectly from BASIC Benefits’ breach of its obligations
under this Agreement or as a result of BASIC Benefits’ negligence or willful misconduct in performing
its duties and responsibilities under this Agreement except to the extent such Losses result directly or
indirectly from EMPLOYER’s breach of its obligations under this Agreement or from EMPLOYER’s
7
negligence or willful misconduct in performing its duties and responsibilities under this Agreement.
• Insurance: BASIC Benefits shall at all times maintain business & liability insurance coverage as well
as all coverage required by law for its services, obligations, employment, and physical assets. All
coverage shall meet or exceed minimum required coverage levels.
• Amendment: Except as otherwise provided in this Agreement, no waiver or modification of any part of
this Agreement shall be valid unless in writing and duly executed by both parties. This Agreement may
be amended at any time, in whole or in part, in writing signed by EMPLOYER and BASIC Benefits that
recites specifically that it is an amendment to the terms of this Agreement.
• Governing Law: The laws of the State of California, without regard to California’s conflict of laws
provisions, shall govern the construction and interpretation of this Agreement. In any action or suit to
enforce any right or remedy in this Agreement or to interpret any provision of this Agreement, the
prevailing Party in a final determination shall be entitled to recover its costs, including reasonable
attorneys’ fees.
• Audit Rights. The parties agree to cooperate in all reasonable audits. Audit fees shall be payable by
the party initiating the audit. Audits shall be conducted using procedures mutually agreed upon by the
parties. Results of the audit may be shared with the party being audited at the sole discretion of the
party initiating the audit.
• Non-Assumption of Liabilities. Unless specifically provided in this Agreement and Addendum(s), the
parties do not assume the existing or future obligations, liabilities or debts of the other party.
• Partial Invalidity: The invalidity or unenforceability of any provision of this Agreement shall in no way
affect the validity or enforceability of any other provision of this Agreement.
• Waiver: Failure to insist upon strict compliance with any provision of this Agreement shall not be
deemed to be a waiver of such provision or any other provision. Waiver of breach of any provision of
this Agreement shall not be deemed to be a waiver of any other provision or of any subsequent breach
of such provision.
• Assignment: This Agreement is binding on the Parties hereto and their respective successors and
assigns. Either Party may, or has the power to, assign this Agreement without the prior written
consent of the other. Further, BASIC Benefits may assign its rights and obligations under this
Agreement without the approval of Client (a) to an entity which acquires all or substantially all of the
assets of BASIC Benefits, or (b) to any subsidiary or Affiliate or successor in a merger, acquisition,
restructuring or reorganization of BASIC Benefits.
• Notice: Any notice required or permitted to be given under this Agreement shall be provided in writing
and delivered by the most expeditious means available including, but not limited to email, facsimile,
overnight courier or certified or registered mail to the addresses set forth below.
Notice to EMPLOYER shall be sent to: Notice to BASIC Benefits shall be sent to:
Employer Name: ______________________________ BASIC Benefits
____________________________________________ 3001 Lava Ridge Ct Ste 160
Roseville, CA 95661
• Enforcement: In the event a dispute should arise regarding the interpretation or enforcement of any of
the terms of this Agreement, the parties shall attempt in good faith to resolve informally and promptly
any such dispute.
8
• Force Majeure: In the event that either party is unable to perform any of its obligations under this
Agreement because of an occurrence beyond the control and without the fault or negligence of the
party affected and which by exercise or reasonable diligence such party is unable to prevent or provide
against. (e.g., natural disaster, actions or decrees of governmental bodies, etc.) (Force Majeure Event),
the affected party shall immediately give notice to the other party and shall resume performance within
a reasonable time after the cause of such failure has been removed. Upon receipt of such notice, all of
the other party's obligations under this Agreement, the performance of which is dependent upon the
performance of the obligation that has been delayed by the Force Majeure Event, shall be suspended.
If the period of nonperformance by the affected party exceeds thirty (30) days from the receipt of notice
of the Force Majeure Event by the other party, the other party may terminate this Agreement
immediately upon written notice to the affected party.
• Limitations on Actions: Notwithstanding any applicable law that may provide for a longer period of time,
no action, regardless of its form and including if the action involves nonpayment, arising out of this
Agreement may be brought by either party more than four (4) years after the party first becomes aware
of the facts upon which a cause of action arises.
• Additional Fees and Charges: Fees and charges specific to an employee benefit plan or service
provided by BASIC Benefits are stated in Exhibit 2 made part of this Agreement. General fees and
charges are as follows:
A. Broker may pay the base monthly fee for COBRA services on the EMPLOYER’S behalf. The
agreement to pay the fees is between the EMPLOYER and Broker. Should Broker, at any time
and for any reason, not pay the fees when due, the EMPLOYER understands and agrees to
pay such fees, in accordance with the terms of this Agreement, upon receipt of an invoice from
BASIC Benefits.
B. All undisputed fees are due and payable within thirty (30) days of the date of the invoice. A
late payment penalty may be charged for all undisputed fees not received within sixty (60)
days of the invoice date. The penalty will be one and one-half percent (1.5%) of the undisputed
delinquent balance per month or, where a lower rate is prescribed by law, the highest rate
thereby permitted. In addition, BASIC Benefits retains the right to suspend or terminate
services if the delinquent payment is not received within ninety (90) days of the invoice date,
provided the designated individual at EMPLOYER is given at least thirty (30) days’ written
notice of delinquency. An additional reinstatement fee will apply to reinstate services after
suspension or termination due to EMPLOYER’s failure to pay undisputed fees by the deadline
stated herein.
C. Upon termination of services, BASIC Benefits reserves the right to suspend all services until
all undisputed fees due are received from EMPLOYER.
D. BASIC Benefits reserves the right to modify charges for administrative services and
assistance effective on the contract renewal date provided EMPLOYER receives 120 days
advance written notice.
E. Upon request by EMPLOYER, BASIC Benefits will assist EMPLOYER with issues that
existed prior to the commencement of services with BASIC Benefits. The additional charge
for this service is $75 per hour.
F. Work that must be duplicated or corrected resulting from late or inaccurate information from
EMPLOYER (e.g. resend COBRA notices, etc.) may be charged at the rate of $75 per hour
or the blanket per piece mailing fee, whichever is greater.
G. BASIC Benefits will charge EMPLOYER $20 for each wire transfer received from
EMPLOYER. There is no charge if the EMPLOYER sends an ACH payment to BASIC
Benefits.
• Entire Agreement: This Agreement as amended from time to time, constitute the entire agreement
9
between BASIC Benefits and EMPLOYER as it relates to the provision of administrative services.
This Agreement supersedes all prior and contemporaneous agreements, understandings and
representations between the parties, whether written or oral.
• Signatures. This Agreement may be executed in separate counterparts, and by facsimile or
electronically, each of which when so executed and delivered shall be a legally-binding original and
all such counterparts shall together constitute one and the same instrument, binding on all parties,
notwithstanding that each of the parties may have signed different counterparts. The parties agree
that delivery of an executed counterpart signature hereof by facsimile transmission, by electronic mail
in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the
original graphic and pictorial appearance of a document, will have the same effect as physical delivery
of the paper document bearing the original signature.
Each of the undersigned individuals represents and warrants that he or she is expressly and duly
authorized by his or her respective entity or agency to execute this Agreement and to legally bind each
such entity or agency as set forth in this Agreement.
IN WITNESS WHEREOF, the duly-authorized officers of the Parties hereto have executed this Agreement
below.
BASIC Benefits Employer: ___________________________
Signature: __________________________ Signature: _________________________________
Print Name: ________________________ Print Name: ________________________________
Title: ______________________________ Title: ______________________________________
Date: _____________________________ Date: _____________________________________
BASIC Benefits, LLC
9246 Portage Industrial Dr.
Portage, MI 49024
MILTOR*k
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: December 12, 2019
FROM: Steven Krokoff, City Manager
AGENDA ITEM: Approval of Subdivision Plats and Revisions
Name of Development / Location
Action
Comments /
# lots
Total
Acres
Density
1. RL ndley
j 8Pe
Minor
Reconfigure
6 97
.28 Lots /
2435 & 2445 Mountain Road
Plat
2 Lots
acre
2 Carl s Magbee
Minor
Create 2
2 58
0.77 Lots /
15820 Thompson RoadLL
Plat
Lots
acre
MEETING DATE: Monday, December 16, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: ( APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES („ J -NO
CITY ATTORNEY REVIEW REQUIRED: ( ) YES (ANO
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: lclfclZt°I
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: Parag Agrawal, Community Development Director
Date: Submitted on December 5, 2019 for the December 16, 2019
Regular Council Meeting
Agenda Item: Approval of Subdivision Plats and Revisions Approval
____________________________________________________________________________
Department Recommendation:
To approve the subdivision related plats and revisions as stated below.
Executive Summary:
The Milton Subdivision Regulations require that the Mayor and City Council approve all
Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been
reviewed and certified by the Community Development Director in accordance with
the Subdivision Regulations.
1. The Ray Pendley minor plat described herein consists of two existing parcels
located at 2435 & 2445 Mountain Road to be reconfigured. The size of the
reconfigured lots range from 3.0 to 3.9 acres.
2. The Charles Magbee minor plat described herein consists of a 2.58 acre parcel
located at 15820 Thompson Road to be subdivided into 2 separate lots. The size
of the lots range from 1.1510 to 1.4329 acres.
Funding and Fiscal Impact:
None.
Alternatives:
Do not approve.
Legal Review:
None – not required.
Concurrent Review:
Steven Krokoff, City Manager
Consent Agenda Plats Staff Memo
Page 2 of 6
Attachment(s):
Plat List, Location Map, Plats
Name of Development / Location Action Comments /
# lots
Total
Acres Density
1. Ray Pendley
LL 187
2435 & 2445 Mountain Road
Minor
Plat
Reconfigure
2 Lots 6.97 .28 Lots /
acre
2. Charles Magbee
LL 539
15820 Thompson Road
Minor
Plat
Create 2
Lots 2.58 0.77 Lots /
acre
Consent Agenda Plats Staff Memo
Page 3 of 6
Consent Agenda Plats Staff Memo
Page 4 of 6
Consent Agenda Plats Staff Memo
Page 5 of 6
Consent Agenda Plats Staff Memo
Page 6 of 6
MILTON'lt
ESTABLISHED 2006
TO:
FROM
AGENDA ITEM:
MEETING DATE:
CITY COUNCIL AGENDA ITEM
City Council
DATE: December 11. 2019
Steven Krokoff, City Manager
Proclamation Establishing the Partnership between the City of
Milton and the 2020 United States Census
Monday, December 16, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (,1XPPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (, -Alo
CITY ATTORNEY REVIEW REQUIRED: () YES ('1 Xo
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: rt /4,1Z0j
2006 Heritage Walk Milton, GA P: 678.242.25001 f: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
A PROCLAMATION ESTABLISHING THE PARTNERSHIP BETWEEN THE CITY OF MITLON
AND THE 2020 UNITED STATES CENSUS
WHEREAS, April 1, 2020 commemorates National Census Day and December 23, 2019 marks
100 days until Census Day; and
WHEREAS, the U.S. Census Bureau is required by the U.S. Constitution to conduct a count of
the democracy; and
WHEREAS, the City of Milton is committed to ensuring every resident is counted; and
WHEREAS, an accurate census count is vital to our community and residents’ well-being by
helping planners at the city, county, and the state determine
how to better serve the community; and
WHEREAS, federal and state funding is allocated to communities, and decisions are made on
matters of national and local importance based, in part, on census data; and
WHEREAS, census data helps determine how many seats each state will have in the U.S. House
of Representatives and is necessary for an accurate and fair redistricting of state
legislative seats, county and city councils and voting districts; and
WHEREAS, information from the 2020 Census are vital tools for the City’s budgeting process,
community and economic development, planning for level of service
provision for roads, parks and public safety; and
WHEREAS, the information collected by the census is confidential and protected by law; and
WHEREAS, a united voice from business, government, community-based and faith-based
organizations, educators, media and others will enable the 2020 Census message to
reach more of our citizens; and
NOW, THEREFORE BE IT THEREFORE RESOLVED, that the City of Milton is committed
to partnering with the U.S. Census Bureau and the State of Georgia and will:
1. Support the goals and ideals for the 2020 Census and will disseminate 2020 Census information.
2. Encourage all City residents to participate in events and initiatives that will raise the overall
awareness of the 2020 Census and increase participation.
3. Provide Census advocates to speak to City and Community Organizations.
4. Support census takers as they help our City complete an accurate count.
5. Strive to achieve a complete and accurate count of all persons within our borders.
Given under our hand and seal of the City of Milton, Georgia on this 16th day of December
2019.
____________________________________
Joe Lockwood, Mayor
TO:
FROM:
MILTON"
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: December 11, 2019
Steven Krokoff, City Manager4l�
AGENDA ITEM: Consideration to Amend the Milton Tree Canopy
Conservation Ordinance to Provide for a Time Extension on
the Ability to Use the Density -based Tree Conservation
Ordinance or the Canopy -based Tree Conservation
Ordinance in the City Code
MEETING DATE: Monday, December 16, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages it necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: LVYES () NO
CITY ATTORNEY REVIEW REQUIRED: ^S () NO
APPROVAL BY CITY ATTORNEY: (4APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR:
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 on December 9. 2019 for the December 16, 2019
Regular City Council Meeting (First Presentation) and January 6,
2020 Regular City Council Meeting (Unfinished Business)
Agenda Item: Consideration to Amend the Milton Tree Canopy Conservation
Ordinance to Provide for a Time Extension on the Ability to Use the
Density-based Tree Conservation Ordinance or the Canopy-based
Tree Conservation Ordinance in the City Code.
_____________________________________________________________________________________
Department Recommendation:
Approval.
Executive Summary:
The proposed edit to section 5.4 of the “Tree Canopy Conservation Ordinance” will
extend the time that applicants may apply either the density-based Tree Conservation
Ordinance or the canopy-based Tree Conservation Ordinance from January 20, 2020 to
July 31, 2020. This extension will allow sufficient time for staff to complete the final edits
to the Tree Canopy Conservation Ordinance then present it to the Council for review. It
also allows for time for educational outreach to the community of users.
Funding and Fiscal Impact:
None.
Alternatives:
None.
Legal Review:
Sam VanVolkenburgh, Jarrard & Davis - 12/5/2019
Concurrent Review:
Steve Krokoff, City Manager
Attachment(s):
Ordinance to Amend the Tree Canopy Conservation Ordinance
Redlined text of amended Tree Canopy Conservation Ordinance
STATE OF GEORGIA ORDINANCE NO._____________
COUNTY OF FULTON
AN ORDINANCE TO AMEND ARTICLE I, SECTION 5.4 OF THE MILTON TREE CANOPY
CONSERVATION ORDINANCE TO EXTEND THE DATE FOR MANDATORY COMPLIANCE
The Council of the City of Milton hereby ordains, while in a regularly called council
meeting on January 6, 2020 at 6:00 p.m., as follows:
WHEREAS, the City has adopted a new “Tree Canopy Conservation Ordinance”
(Ordinance No. 18-04-348, as amended by Ordinance No. 18-12-386), which has not
yet been codified into the Milton Code;
WHEREAS, the new Tree Canopy Conservation Ordinance currently serves as an
optional alternative to the existing “Tree Conservation Ordinance” found at Chapter
60, Article II, Division 1 of the Milton Code;
WHEREAS, compliance with the new Tree Canopy Conservation Ordinance is set to
become mandatory on January 20, 2020, superseding the Tree Conservation
Ordinance on that date;
WHEREAS, the City Council desires to extend the deadline for mandatory compliance
with the new Tree Canopy Conservation Ordinance and to extend the time allowed
for optional compliance with the Tree Conservation Ordinance;
NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows:
SECTION 1. Article I, Section 5.4 of the Tree Canopy Conservation Ordinance
of the City of Milton, Georgia (Ordinance No. 18-04-348, as amended by Ordinance
No. 18-12-386), is hereby amended by deleting the text “January 20, 2020” and
replacing it with “July 31, 2020”.
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict
herewith are repealed.
SECTION 3. This Ordinance shall become effective upon its adoption.
ORDAINED this the 6th day of January, 2020.
____________________________________
Joe Lockwood, Mayor
Attest:
______________________________
Sudie AM Gordon, City Clerk
City of Milton, Georgia
Chapter 60 – Tree Canopy Conservation
Ordinance
Adopted
-January 6, 2020
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page i
Table of Contents
ARTICLE I. IN GENERAL .......................................................................................... 1
1. Title ................................................................................................................................................... 1
2. Community Forest Vision and Goals ................................................................................................. 1
3. Purpose and Intent ........................................................................................................................... 1
4. Administrator .................................................................................................................................... 2
5. Applicability and Exemptions ............................................................................................................ 2
6. Tree Conservation Manual ................................................................................................................ 3
7. Definitions ......................................................................................................................................... 3
8. Protected Trees ............................................................................................................................... 10
9. Specimen Trees ............................................................................................................................... 11
10. Heritage Trees ............................................................................................................................. 12
11. City of Milton Tree Species List ................................................................................................... 14
12. City Tree Management ............................................................................................................... 15
13. Hazardous Trees on Private Property ......................................................................................... 15
14. Variances ..................................................................................................................................... 15
15. Appeals ........................................................................................................................................ 16
16. Inspections .................................................................................................................................. 17
17. Enforcement ............................................................................................................................... 18
18. Notice of Violation ...................................................................................................................... 18
19. Stop Work Order ......................................................................................................................... 19
20. Fines and Penalties ..................................................................................................................... 20
ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY ..........................................20
21. Tree Canopy Management ......................................................................................................... 20
22. Tree Canopy Priorities ................................................................................................................. 20
23. Tree Canopy Cover Requirements .............................................................................................. 21
24. Tree Removal Permit .................................................................................................................. 21
25. Tree Canopy Replacement .......................................................................................................... 24
ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY ....................................26
26. Tree Canopy Management ......................................................................................................... 26
27. Tree Canopy Priorities ................................................................................................................. 26
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page ii
28. Tree Canopy Plan ........................................................................................................................ 26
29. Tree Canopy Cover Requirements .............................................................................................. 30
30. Required Tree Locations ............................................................................................................. 34
31. Topped Trees .............................................................................................................................. 38
32. Minimum Landscape and Maintenance Requirements .............................................................. 38
33. Landscape Performance Bond .................................................................................................... 39
34. Certificate of Occupancy and Final Plat Approval ....................................................................... 40
35. Alternative Compliance ............................................................................................................... 40
36. Tree Canopy Fund ....................................................................................................................... 42
37. Timber Harvesting ....................................................................................................................... 42
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 1
ARTICLE I. IN GENERAL
1. Title
1.1. This chapter shall be known as the Tree Conservation Ordinance of the City of
Milton, Georgia or the “tree ordinance”.
2. Community Forest Vision and Goals
2.1. The City of Milton’s natural and extensive tree canopy provides significant
benefits and irreplaceable value to our quality of life.
2.2. The city is committed to managing its community forest to continually improve
the quantity and quality of its vital green infrastructure.
2.3. It is the goal of the city to maintain no net loss of tree canopy cover below the 57
percent existing as of March 2017, and to further achieve an average of 60
percent tree canopy cover across the city by 2033.
2.4. The city aims to measure average tree canopy cover across the city every 5 years
using the latest GIS technology and use the results to evaluate the effectiveness
of the tree ordinance and other tree management programs and policies in
achieving the city’s tree canopy goals.
3. Purpose and Intent
3.1. The purposes of the tree ordinance are to:
a. Create a living and working environment for Milton’s citizens and visitors
that is attractive, healthy and safe;
b. Manage and utilize trees for the economic, environmental, and social
functions and benefits they provide; and,
c. Provide a framework for accomplishing the goals and objectives in the City’s
comprehensive plan and other community, environmental and conservation
ordinances, plans and policies.
3.2. The intent of this ordinance is to:
a. Promote human, environmental and economic health within the community;
b. Promote shared responsibility by all property owners to contribute to tree
canopy cover; and,
c. Establish the minimum amount of regulations that will achieve the vision and
goals of the city and produce the desired outcomes.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 2
4. Administrator
4.1. The director of the community development department or his/her designated
agent(s) shall be the administrator of the tree ordinance.
4.2. The city arborist shall be the primary agent responsible for the administration of
the tree ordinance for the administrator.
4.3. The administrator shall have the authority to waive any provision of this tree
ordinance where such waiver is consistent with the purpose and intent of this
ordinance and is in the best interest of the public health, safety and welfare. The
following factors shall be considered in evaluating the waiver request:
a. Whether a literal enforcement of the tree ordinance will create an undue
hardship or an unreasonable practical difficulty on the applicant;
b. Whether the situation causing the undue hardship or practical difficulty is
unique to the affected lot and is not self-imposed;
c. Whether a reasonable accommodation or alternative solution can be made
to accomplish the desired activity without the alteration of the tree;
d. Whether the waiver will injure or be wholly compatible with the use and
future or existing development of adjacent properties;
e. Whether the increased development costs caused by conserving the tree
create an undue hardship on the development of the lot;
f. Whether there is any identified adverse effect of the alteration or
conservation on erosion, soil moisture retention, flow of surface water, and
drainage systems;
g. Whether there is any substantial impact to the buffering of residential areas
from the noise, glare, and visual effects of non-residential uses.
h. The costs versus the benefits of relocating required utility service
infrastructure and easements based on the conservation or alteration of
protected trees;
i. Whether the proposed tree replacement procedures adequately mitigate the
alteration of the tree;
j. Whether the alteration adversely affects public health, safety and welfare;
k. Whether the granting of the waiver will be in harmony with the purpose and
intent of the tree ordinance to the greatest degree reasonably possible.
5. Applicability and Exemptions
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 3
5.1. The terms and provision of the tree ordinance shall apply to:
a. All real property within the City of Milton unless otherwise exempted herein;
b. Any activity that requires the issuance of a land disturbance permit, building
permit, demolition permit, right-of-way encroachment permit or tree
removal permit;
c. Any activity that requires a certificate of occupancy, minor plat approval,
certificate of conceptual plan approval, or final plat approval; and,
d. All protected trees.
5.2. The activities, properties and trees that are exempt from the requirements of
the tree ordinance are:
a. Removal of trees posing an imminent threat or under emergency conditions;
b. Commercial tree nursery and tree farm operations;
c. Trees directed to be removed by municipal, county, state or federal
authorities pursuant to law; and,
d. City trees removed or pruned by utility companies as part of routine
vegetation management activities, except that all removal and pruning shall
be done in accordance with the arboricultural standards set forth in the tree
conservation manual.
5.3. A summary of tree ordinance applicability and exemptions is included in the Tree
Conservation Manual.
5.4. The applicant may apply the density-based Tree Conservation Ordinance or the
canopy-based Tree Conservation Ordinance until July 31, 2020.
6. Tree Conservation Manual
6.1. There is hereby adopted a Tree Conservation Manual that sets forth the required
standards and procedures for all activities required by the tree ordinance.
6.2. The tree conservation manual may be modified by the administrator as
necessary to reduce outcomes contrary to the purpose and intent of the tree
ordinance.
7. Definitions
7.1. All words used in the tree ordinance shall have their customary dictionary
definitions except as specifically defined herein, or in the zoning regulations if
not defined herein.
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Chapter 60. - Tree Canopy Conservation Ordinance
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7.2. The words “shall” and “must” are mandatory, and the words “may” and “should”
are permissive.
a. Active tree protection. The active and ongoing planning, installation and
monitoring of physical measures undertaken to protect a tree during land
disturbance or alteration.
b. Administrator. The Director of the City of Milton Community Development
Department.
c. Agent, designated or authorized. An individual or entity authorized by the
administrator to assist in the administration and enforcement of the tree
ordinance for the city; or, an individual or other entity authorized by a
property owner to conduct development, construction, or arboricultural
activities on their property.
d. Agricultural land use. Use of a lot zoned AG-1 that is related to active
farming, livestock, or ranching, including using land as pasture, an equestrian
estate or horse farm, or in the production of crops, horticultural products,
the keeping of livestock, including but not limited to poultry and hoofed
animals such as cattle, horses, goats and sheep, for commercial purposes and
the construction and maintenance of agricultural accessory buildings.
e. Applicant. A property owner or his/her authorized agent(s) applying for a
tree removal, development, or right-of-way encroachment permit for a tree
or property, or seeking approval for a tree canopy, tree protection, or tree
planting and maintenance plan, or seeking approval for a minor subdivision
plat, certificate of conceptual plan approval, final plat approval or certificate
of occupancy.
f. Appraised tree value. The dollar value of a tree as determined by a certified
arborist using methodology set forth in the latest edition of the Guide for
Plant Appraisal developed by the Council of Tree and Landscape Appraisers
and published by the International Society of Arboriculture (www.isa-
arbor.com).
g. Buffer, state waters. An area along the course of any state waters required
by city, state or federal regulations to be maintained in an undisturbed and
natural condition.
h. Buffer, zoning. As required by the zoning ordinance, a natural undisturbed
portion of a lot, except for approved access and utility crossings, which is set
aside to achieve a visual barrier between the use on the lot and adjacent
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 5
properties and/or uses with natural vegetation or replanting of trees and
shrubs if sparsely vegetated.
i. Caliper. The diameter of the trunk of tree nursery stock or a newly planted
tree measured at 6 inches above the ground line for trees with calipers 4
inches and smaller, and at 12 inches above the ground line for trees with
calipers greater than 4 inches.
j. Certified arborist. Professional who possesses the technical competence
gained through experience and related training to provide for or supervise
the management of trees and other woody plants in residential, commercial
and public landscapes and whose level of training is certified by the
International Society of Arboriculture.
k. City. The City of Milton, Georgia.
l. City arborist. The agent of the City of Milton assigned by the director of the
community development department with the primary responsibilities of
administration and enforcement of the tree ordinance.
m. Clearcutting. A method of harvesting timber that results in the removal of all
trees from all or a portion of a property.
n. Commercial tree nursery or commercial tree farm. A property on which trees
are grown and sold as wholesale or retail nursery stock by a business licensed
by the City of Milton.
o. Construction zone. The first 30 feet of the improved area adjacent to and
extending out from buildings and other major structures, and the first 15 feet
adjacent to and extending out from driveways, parking lots, other impervious
surfaces and sanitary sewer systems (septic tanks and primary drainfields).
p. Critical root zone (CRZ). For a conserved tree, the ground and soil area to a
depth of 24 inches within the larger of either the dripline or a circular area
with a radius extending out from the trunk 1.5 feet for every 1 inch of DBH;
for a tree planted within the last 3 years, the ground and soil area to a depth
of 24 inches within the larger of the open soil surface area required by the
tree, 1.5 feet for every 1 inch in DBH, or the area within the dripline.
q. Crown. The entirety of a tree’s scaffold limbs, branches and leaves.
r. DBH. The diameter at breast height (4.5 feet above the ground line) of the
trunk of an existing tree, calculated by dividing the circumference of the
trunk by 3.14.
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Chapter 60. - Tree Canopy Conservation Ordinance
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s. Developed property. A property on which improvements currently exist and
for which a certificate of occupancy has been issued.
t. Development permit. A land disturbance permit, building permit, demolition
permit, minor plat approval, conceptual plan approval or other permit or
approval issued by the community development department authorizing the
commencement of the disturbance, alteration, improvement or
development of a given tract of land.
u. Dripline. The vertical line extending from the outermost edges of a tree’s
branches to the ground, that forms, more or less, a circle on the ground
centered on the tree’s trunk.
v. Establishment period. For a newly planted tree, the time from planting until
the beginning of the fourth growing season on-site.
w. Existing tree. An established tree growing on-site for at least 3 complete
growing seasons.
x. Forested area. An area at least 50 feet wide in any one dimension and at
least 2,500 square feet in total area consisting of at least 5 trees with 75
percent tree canopy cover.
y. Growing season. March 1 to November 30.
z. Hazardous tree. A tree that is likely to fail wholly or in part, under normal
environmental conditions as determined by a certified arborist.
aa. Healthy tree. A tree with a live crown ratio greater than 30 percent, less than
50 percent crown dieback, no major structural defects, a life expectancy of
15 years or greater, and free from signs or symptoms of irreversible decline,
severe insect or disease infestation, severe chlorosis, or other life-
threatening conditions.
bb. Heritage tree(s). A tree or tree group that is designated by the administrator
to be of notable community interest because of its outstanding age or size,
landmark recognition or historical association.
cc. Improved area. The area within 60 feet of and including the footprint of a
building, pool, or other major structure, within 30 feet of and including a
road, driveway, parking area, walkway, patio and other allowable impervious
surface, and within 15 feet of and including the footprint of the sanitary
sewer system (septic lines, tank and primary drainfield) proposed for a lot.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 7
dd. Land disturbing activity. Any activity which may result in soil erosion from
water or wind and movement of sediments into state water or onto lands
within the state, including, but not limited to clearing, dredging, grading,
excavating, transporting, and filling of land, but not including agricultural
practices as set forth in the City of Milton Soil Erosion and Sedimentation
Control Ordinance.
ee. Landscape strip. An area required by the tree ordinance, the City of Milton
zoning resolution or any condition of zoning, use permit or variance
approval, which is reserved for the installation and/or maintenance of plant
materials.
ff. Live crown ratio. The percentage of the total height of a tree that is occupied
by the tree’s live crown.
gg. Lot. The basic lawful unit of land, identifiable by a single deed. A group of
two or more contiguous lots owned by the same entity and used for a single
use shall be considered a single lot.
hh. Open soil surface area. The square foot area of the ground surrounding a
planted tree that is required to remain permeable and open, covered only by
a layer of mulch; the size of the area required varies by the mature height
class of the tree being planted.
ii. Passive tree protection. The ongoing avoidance of activities harmful to a
tree, as further described in the tree ordinance, within the tree protection
zone.
jj. Planted tree. A tree that has been planted within the last 3 years and has not
yet completed 3 growing seasons on-site.
kk. Planting season. December 1 to March 1.
ll. Priority area. An area on a lot where tree canopy cover is considered a
priority over other areas due to the functions and benefits tree cover
provides in that location.
mm. Priority tree. A specimen or heritage tree.
nn. Property. An area of land composed of less than one lot, or of accumulations
of one or more lots, or parts thereof.
oo. Protected tree. Any tree growing on city property, any tree 6 inches DBH or
greater growing on developed property, any tree conserved or planted to
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 8
meet tree ordinance requirements, any tree 2 inches DBH or greater growing
on undeveloped property, any specimen tree, and any heritage tree.
pp. Remediation plan. A plan that may be required by the city arborist from a
property owner or his/her authorized agent after a written notice of violation
or stop work order has been issued for the property describing how the
conditions of violation of the tree ordinance shall be remedied in accordance
with the city arborist’s requirements and the conditions stated on the notice,
order, or other pertinent documentation.
qq. Scaffold limbs. The large limbs branching off from the main trunk that form
the basic structure of the tree’s crown and support the remaining branches
and leaves.
rr. Soil compaction. A change in soil physical properties which includes an
increase in soil weight per unit volume and a decrease in soil pore space
caused by repeated vibrations or frequent traffic and weight that can result
in physical root damage, reduced root penetration, a decrease in soil oxygen
levels and an increase in toxic gases.
ss. Specimen tree(s). A tree or contiguous stand of trees of special value to the
community due to its quality, size, or species, and meeting general and
specific criteria as set forth in the tree ordinance, as determined by the city
arborist.
tt. Standard tree canopy cover credit. The square feet of tree canopy cover
assigned to each of the tree canopy size classes, as set forth herein and in the
tree species list.
uu. Street tree. A tree located within a road frontage that is conserved or
planted for the purpose of providing tree canopy cover over the public street
right-of-way.
vv. Thinning. Selective cutting of trees for timber products with the remaining
trees more or less evenly distributed across a property.
ww. Timber harvesting. The felling of trees for timber products (pulpwood,
sawtimber, etc.) as part of ongoing forest management practices, by thinning
or clearcutting.
xx. Topping. The improper practice of the severe cutting back of limbs to stubs
larger than 2 inches in diameter within the tree’s crown to such a degree that
the tree canopy is removed or the crown shape typical of the species is
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 9
disfigured, resulting in decay of the scaffold limbs or trunk and/or decline in
main branch and sprout production.
yy. Tree. A self-supporting woody perennial plant with the potential to reach a
minimum DBH of 3 inches and height of 15 feet at maturity under natural
conditions.
zz. Tree bank. A site registered with the city on city or private property with at
least 8,000 square feet of open space where growing conditions are
favorable for the establishment of trees, and on which trees may be planted
to satisfy tree replacement or minimum tree canopy cover requirements for
another property.
aaa. Tree canopy cover. The cover provided by tree crowns over the ground
surface, either individually or as a group; also, a measure of the percent of a
lot covered by all tree canopy, calculated by dividing the total area of tree
canopy cover by the total area of the lot, and multiplying by 100.
bbb. Tree canopy fund. A revenue account established by the city for receiving
payments in lieu of meeting tree canopy cover requirements, donations,
fees, and fines, and used by the city for the purchase, planting, and
maintenance of trees on city property and community forest management
activities.
ccc. Tree canopy plan. A site plan showing how tree canopy cover
requirements will be met on a lot, which trees will be conserved, how they
will be protected, which new trees will be planted and where, and how they
will be maintained.
ddd. Tree canopy size, tree canopy size class. The amount of tree canopy
cover a tree can be expected to provide at maturity under urban conditions,
as determined by the species and categorized in the tree species list into four
(4) size classes: very wide (1,600 square feet); wide (900 square feet); narrow
(400 square feet); and, very narrow (150 square feet).
eee. Tree canopy value. The dollar value of 100 square feet of tree canopy
cover as set forth in the city’s fee schedule, and used for calculating
payments into the tree canopy fund.
fff. Tree conservation manual. A supplement to the tree ordinance containing
standards and procedures required for tree ordinance compliance.
ggg. Tree height class. The typical total height of a tree at maturity under
urban conditions, as determined by the species and categorized in the tree
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 10
species list into three (3) classes: large (greater than 50 feet tall); medium
(25 to 50 feet tall); and, small (less than 25 feet tall).
hhh. Tree ordinance. Chapter 60 – Vegetation of the City of Milton municipal
code of ordinances.
iii. Tree protection zone (TPZ). The tree protection zone includes the critical root
zone of a tree, the tree’s trunk and the entirety of the tree’s crown.
jjj. Tree removal permit. A permit required before a protected tree can be
removed, destroyed or irreparably damaged.
kkk. Tree species list. The City of Milton Tree Species List, which is located in
the tree conservation manual and contains the tree species approved, and
not approved, for conservation and planting to satisfy tree replacement or
tree canopy cover requirements.
lll. Undeveloped property. A lot on which no improvements currently exist and
for which no certificate of occupancy has been issued.
mmm. Unhealthy tree. A tree with major structural defects, a live crown ratio
less than 30 percent or 50 percent or more crown dieback, or a tree
exhibiting signs or symptoms of irreversible decline, severe mistletoe
infection, severe insect or disease infestation that cannot be practically
controlled, or severe chlorosis, as determined by a certified arborist.
8. Protected Trees
8.1. There is hereby established a category of trees that shall be known as protected
trees as defined herein.
8.2. Protected trees shall only be removed after the issuance of a tree removal
permit or approval of a tree canopy plan.
8.3. Protected trees shall be passively protected throughout their lives as set forth in
the tree conservation manual.
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Chapter 60. - Tree Canopy Conservation Ordinance
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9. Specimen Trees
9.1. A tree or tree stand shall be considered specimen if, as determined by the city
arborist, it meets all the general criteria and at least one of the specific criteria as
set forth herein.
9.2. An individual specimen tree must meet all the following general criteria:
a. A healthy tree with a life expectancy greater than 15 years as determined by
a certified arborist;
b. Crown size and shape typical of the species without significant dieback or
disfiguration;
c. Relatively sound and solid trunk with no more than one-quarter of the trunk
circumference affected by wounds, cankers, decay or cavities, and with a
column of decay in the center of the trunk encompassing no more than two-
thirds of the trunk area;
d. No major insect or disease problems; and,
e. Free from severe mistletoe infestation causing irreversible tree decline.
9.3. An individual specimen tree must also meet, in addition to all the general
criteria, at least one of the following specific criteria:
a. Hardwood and softwood trees, except for pine species (Pinus spp.) with a
minimum DBH of 24 inches for a tree in the large height class, 18 inches for a
tree in the medium height class, and a minimum DBH of 8 inches for a tree in
the small height class;
b. Pine trees (Pinus spp.) with a minimum DBH of 27 inches;
c. Rare or unusual species, shape or form; or,
d. A tree specifically used by a builder, developer or design professional as a
focal point in the landscape.
9.4. A specimen tree stand must be primarily composed of healthy trees, with no
major insect or disease problems within the stand and must meet at least one of
the following specific criteria:
a. A relatively mature, even-aged stand;
b. A stand with purity of species composition or of a rare or unusual nature;
c. A stand of historical significance;
d. A stand with exceptional aesthetic quality; or,
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Chapter 60. - Tree Canopy Conservation Ordinance
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e. A stand on a lot which is otherwise devoid of trees.
9.5. The city arborist shall make the determination of whether a tree or tree stand
meets the criteria for specimen tree designation.
9.6. If removal of a specimen tree is approved, replacement requirements shall be as
set forth in Section 25 of the tree ordinance.
9.7. When development is proposed for a lot, individual and stands of specimen trees
shall be identified during the site survey process and documented on the tree
canopy plan.
9.8. Special consideration shall be made to work around specimen trees and protect
them.
9.9. Cost effective options for site, building, utility placement and hardscape and
landscape designs that successfully conserve specimen trees are strongly
encouraged.
9.10. All specimen trees successfully conserved and protected to meet tree canopy
cover requirements shall be given 10 percent additional tree canopy cover credit
over the actual or standard credit.
10. Heritage Trees
10.1. A tree or tree group shall be designated as heritage if it meets the criteria set
forth herein, as determined by the administrator.
10.2. The administrator shall review heritage tree nominations and shall have the
authority to designate trees as heritage.
10.3. Trees may be nominated for heritage tree status by either the tree owner or the
city arborist by submitting a heritage tree nomination form to the community
development department.
10.4. Within 15 business days after the submittal of a completed nomination form by a
property owner to the community development department, the city arborist
shall provide the administrator with a recommendation on whether the
nominated tree or tree group should be designated as heritage.
10.5. For a tree or tree group to be designated as heritage, it must meet all the
general criteria and at least one of the specific criteria set forth herein and as
determined by the administrator.
10.6. A heritage tree or tree group must meet all the following general criteria:
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 13
a. A healthy tree with a life expectancy greater than 15 years as determined by
a certified arborist.
b. Crown size and shape typical of the species without significant defects,
dieback or disfiguration.
c. Relatively sound and solid trunk with no more than one-quarter of the trunk
circumference affected by wounds, cankers, decay or cavities, and with a
column of decay in the center of the trunk encompassing no more than two-
thirds of the trunk area.
d. No major insect or disease problems.
e. Free from severe mistletoe infestation causing irreversible tree decline.
10.7. A heritage tree or tree group must also meet, in addition to all the general
criteria, at least one of the following specific criteria:
a. State or county champion tree, as determined by the Georgia Forestry
Commission (www.gfc.state.ga), or a tree that scores within 10 percent of
the total score of a state or county champion tree of the same species using
the scoring system described by the Georgia Forestry Commission.
b. Documented age greater than 75 years old.
c. An established and familiar feature or integral part of the community and its
heritage and is recognized as such by the administrator.
d. Designated by the Georgia Urban Forest Council (www.gufc.org) as a
Landmark or Historic Tree.
e. Documented historical significance.
10.8. When a tree removal permit application is submitted for a potential heritage
tree or tree group, the city arborist shall inform the tree owner that the tree or
tree group meets the criteria and will be nominated for heritage tree status
before the tree removal permit is issued.
10.9. Only those trees listed on a tree removal permit application shall be eligible for
heritage tree nomination by the city arborist.
10.1. Prior to the approval of a tree canopy plan for a lot that includes the proposed
conservation or removal of a heritage tree or tree group, the city arborist shall
inform the applicant that one or more trees on the lot meets heritage tree criteria
and will be nominated for heritage tree status before the tree canopy plan is
approved.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 14
10.2. Special consideration shall be made to work around heritage trees and protect
them.
10.3. When development is proposed for a lot, heritage trees shall be identified during
the site survey process and documented on the tree canopy plan.
10.4. Cost effective options for building, site, hardscape and landscape designs and
utility placement that successfully conserve heritage trees are strongly
encouraged.
10.5. The city arborist shall maintain a current list of designated heritage trees.
10.6. Heritage tree locations shall be recorded on the city’s GIS system.
10.7. All heritage trees successfully conserved and protected to meet tree canopy
cover requirements shall be given 20 percent additional tree canopy cover credit
over the actual or standard credit.
11. City of Milton Tree Species List
11.1. There is hereby adopted a City of Milton Tree Species List as set forth in the tree
conservation manual that shall include species approved for conservation and
planting to meet tree canopy cover requirements or replacement tree planting
requirements.
11.2. The tree species list shall also include species not approved for tree conservation
or planting to meet requirements that are invasive, have brittle or weak wood,
poor structure or large thorns, are pest susceptible or are not well-suited to
regional growing conditions.
11.3. Trees planted to satisfy tree canopy cover and tree replacement requirements of
the tree ordinance shall be selected from the City of Milton Tree Species List.
11.4. A species of tree not on the City of Milton Tree Species List, or not approved for
planting in a specific location, may be approved for planting by the city arborist if
the species:
a. Has a reasonable chance of success in the landscape;
b. Is recommended by a certified arborist;
c. Is not proposed for planting in large quantities; and,
d. Has growth or habit characteristics that fit a specific need for the location.
11.5. Tree species not listed or approved by the city arborist for tree conservation or
planting for the purpose of meeting tree canopy cover requirements shall not be
eligible for tree canopy cover credit.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 15
12. City Tree Management
12.1. The city shall have the right to manage city trees, including planting, maintaining,
pruning and removing trees within the rights-of-way of all city streets, roads, and
highways, in parks, around city facilities, and on other city property as may be
deemed necessary or desirable to achieve community forest goals.
12.2. It shall be unlawful and a violation of the tree ordinance to damage, destroy or
remove any city tree, or engage in any prohibited activity listed in the tree
protection standards within the critical root zone of a city tree, without a tree
removal permit, right-of-way encroachment permit, or prior approval of the city
arborist.
12.3. A tree protection plan submitted by the applicant and approved by the city
arborist and a right-of-way encroachment permit issued by the department of
public works shall be required prior to the commencement of any activity that is
proposed on city property within the critical root zone of a city trees.
13. Hazardous Trees on Private Property
13.1. The city shall provide a written notice to the owner of any tree on private
property that is in a hazardous condition and threatens public health, safety and
welfare.
13.2. The written notice shall state the type of risk, the mitigation required and the
time within which the mitigation shall occur.
13.3. Should the property owner fail to mitigate the risk within the stated time, the
city may cause to have the risk mitigated and require the property owner to
reimburse the city for the cost of such mitigation.
14. Variances
14.1. A person requesting a variance from the provisions of the tree ordinance shall do
so in writing to the director of the community development department.
14.2. All variance requests shall be accompanied by a completed variance request
application, a tree canopy plan or other documentation requested by the city
arborist and a non-refundable filing fee in the amount set forth in the city’s
current fee schedule.
14.3. The city arborist shall provide a recommendation on whether to approve the
variance request to the board of zoning appeals.
14.4. The board of zoning appeals shall review the city arborist’s recommendation and
decide on whether to approve the variance request.
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14.5. The board of zoning appeals may approve a variance to any provision of the tree
ordinance where the unique natural features of the lot are such that application
of these regulations would create an undue hardship to the property owner, and
in other instances where an undue hardship is created for the property owner.
14.6. The following factors shall be considered in evaluating the variance request:
a. Whether a literal enforcement of the tree ordinance will create an undue
hardship or an unreasonable practical difficulty on the applicant;
b. Whether the situation causing the undue hardship or practical difficulty is
unique to the affected lot and is not self-imposed;
c. Whether a reasonable accommodation or alternative solution can be made
to accomplish the desired activity without the alteration of the tree;
d. Whether the variance will injure or be wholly compatible with the use and
future or existing development of adjacent properties;
e. Whether the increased development costs caused by conserving the tree
create an undue hardship on the development of the lot;
f. Whether there is any identified adverse effect of the alteration or
conservation on erosion, soil moisture retention, flow of surface water, and
drainage systems;
g. Whether there is any substantial impact to the buffering of residential areas
from the noise, glare, and visual effects of non-residential uses.
h. The costs versus the benefits of relocating required utility service
infrastructure and easements based on the conservation or alteration of
protected trees;
i. Whether the proposed tree replacement procedures adequately mitigate the
alteration of the tree;
j. Whether the alteration adversely affects public health, safety and welfare;
k. Whether the granting of the variance will be in harmony with the purpose
and intent of the tree ordinance to the greatest degree reasonably possible.
15. Appeals
15.1. Any person aggrieved or adversely affected by any decision of the city arborist
relating to the application of the tree ordinance may file an appeal within 30
days of the decision with the director of the community development
department for relief or reconsideration.
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Chapter 60. - Tree Canopy Conservation Ordinance
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15.2. Any person aggrieved or adversely affected by any decision of the director of the
community development department relating to the application of the tree
ordinance may file an appeal within 30 days of the decision with the board of
zoning appeals through the director of the community development
department.
15.3. Appeals shall only be granted for errors of interpretation.
16. Inspections
16.1. The administrator or his/her agent(s) shall have the authority to conduct
inspections as required by the tree ordinance, and periodically or as deemed
necessary to monitor land disturbing activities, tree removal activities, or other
permitted or non-permitted activities for compliance with the tree ordinance.
16.2. No person shall refuse entry or access to any authorized agent(s) of the city who
requests entry for the purpose of inspection and who presents appropriate
identification, nor shall any person obstruct, hamper or interfere with any such
agent while in the process of carrying out his/her official duties.
16.3. The city arborist shall be the primary individual responsible for conducting site
inspections and, at a minimum, shall make the following inspections:
a. Prior to approval of a tree removal permit, right-of-way encroachment
permit, tree canopy plan, tree protection plan, or tree planting and
maintenance plan and prior to making a recommendation to the Planning
Commission on a tree ordinance variance request for the purpose of
assessing site and tree conditions;
b. After permit or plan approval and after installation of tree protection
measures required and before any land disturbance or right-of-way
encroachment occurs to assess compliance with tree protection
requirements;
c. Prior to the issuance of a certificate of occupancy or final plat approval to
assess compliance with the tree canopy plan and all tree ordinance
requirements; and,
d. One (1) and three (3) years after project completion and issuance of a
certificate of occupancy or final plat approval to assess tree health and
survival on properties with an approved tree canopy plan.
16.4. Additional site inspections may take place at any time before, during and/or
after project completion to monitor compliance with applicable tree ordinance
requirements.
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Chapter 60. - Tree Canopy Conservation Ordinance
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16.5. The city arborist shall document each inspection on a site inspection form.
16.6. The city arborist may also monitor tree canopy cover on a lot using the city’s
geographic information system and current aerial photography for assessing
ongoing compliance with tree canopy cover requirements, and shall maintain a
record of such measurements.
17. Enforcement
17.1. It shall be the duty of the administrator and his/her agent(s) to enforce the tree
ordinance.
17.2. The administrator or his/her agent(s) shall have the authority to modify, revoke,
suspend, or void any development permit, right-of-way encroachment permit or
tree removal permit and suspend all work on a property or any portion thereof if
a violation occurs until it is determined that the property is in full compliance
with the tree ordinance.
18. Notice of Violation
18.1. If, through inspection, it is determined that an applicant, his/her authorized
agent(s), or other person or company has engaged in land disturbing or other
prohibited activities which have resulted in the damage or removal of trees
without a required permit or approval, or failed to comply with the terms and
conditions of an approved tree removal permit or tree canopy plan, or is
otherwise responsible for a violation of the tree ordinance, then a written notice
of violation may be served upon the applicant, his/her authorized agent(s),
and/or other person or company responsible for the land disturbance or
prohibited activity.
18.2. The notice shall set forth the measures necessary to correct the violation and
achieve compliance and shall state the time frame within which such measures
must be completed.
18.3. If the applicant, his/her authorized agent(s), or the person or company otherwise
responsible for the violation fails to correct the violation or comply with tree
ordinance requirements within the time frame specified on the notice of
violation, he/she shall be subject to a citation and may be subject to a stop work
order, fines, and penalties pursuant to sections 19 and 20 of the tree ordinance.
18.4. Reinspection to assess compliance after a violation shall require a separate re-
inspection fee as set forth in the city’s fee schedule.
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Chapter 60. - Tree Canopy Conservation Ordinance
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19. Stop Work Order
19.1. The administrator may require that work on any project that is in violation of the
tree ordinance be immediately stopped to avoid further damage and until such
time that the violation has been remedied to the satisfaction of the city arborist.
19.2. The issuance of a written or verbal notice of violation is not required prior to or
in conjunction with the stop work order if the city arborist or city inspector
determines that work must be stopped immediately to avoid further damage.
19.3. The stop work order shall:
a. Be in writing;
b. State specific violations;
c. Be given to the applicant, property owner, the authorized agent(s) of either,
or the person performing or responsible for the activity resulting in the
violation;
d. State the conditions under which work may be resumed; and,
e. Allow only erosion control work to continue while the stop work order is in
effect.
19.4. Where an emergency exists, a verbal order to stop work by the administrator or
his/her agent(s) shall be given, with issuance of a written order required within
24 hours.
19.5. The city arborist may require that a revised tree canopy plan or separate
remediation plan be submitted for approval before remediation or any other
work commences on-site.
19.6. The following violations shall result in issuance of an emergency, verbal stop
work order:
a. Land disturbing or tree removal within state water buffer or zoning buffer;
b. Land disturbance within the critical root zone of protected trees or removal
of trees designated for conservation on an approved tree canopy plan;
c. Non-permitted protected tree removal, land disturbance, or prohibited
activities within the critical root zone of a specimen or heritage tree; or,
d. Improper installation or maintenance of required tree protection measures.
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Chapter 60. - Tree Canopy Conservation Ordinance
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20. Fines and Penalties
20.1. Fines and penalties shall be assessed for citations, according to the following
criteria:
a. Any person who violates any provisions of the tree ordinance may be fined
up to $1,000 per tree;
b. Each calendar day a violation exists shall be considered a separate offense;
c. There are no maximum limitations to the accrual of fines;
d. In the event a city tree is damaged or destroyed, the person responsible may
be required to reimburse the city for the appraised tree value;
e. The replacement of trees and additional tree canopy cover may be required
in addition to other fines or penalties imposed;
f. Offenses shall be tried in Milton Municipal Court;
g. Each owner of property wherein a violation exists, or each owner of a
boundary tree, shall be jointly responsible for said violation; and,
h. Fines received for violations to the tree ordinance shall be deposited into the
tree canopy fund.
ARTICLE II. TREE CANOPY ON DEVELOPED PROPERTY
21. Tree Canopy Management
21.1. On developed properties, tree canopy cover shall be managed through
establishing tree canopy priorities, tree canopy cover requirements and tree
removal permitting and replacement requirements.
22. Tree Canopy Priorities
22.1. Priority areas on developed properties for tree conservation and planting shall
be:
a. Rural viewsheds;
b. Road frontages;
c. Turf areas;
d. Required yards;
e. Landscape strips and landscape islands; and,
f. Buffers.
22.2. Priority trees for conservation shall be specimen and heritage trees.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 21
23. Tree Canopy Cover Requirements
23.1. The minimum amount of tree canopy cover required on a developed lot, in the
absence of further development, shall be the amount existing as of the date of
adoption of the tree ordinance.
23.2. When an application for a land disturbance, building or demolition permit for
additional improvements to a developed lot that will affect, in any way, the
existing tree canopy cover on the lot, or when an application for minor plat
approval or conceptual plan approval is submitted for a lot previously developed,
the amount of tree canopy cover required shall be the same as for an
undeveloped lot pursuant to Article III of the tree ordinance, and a tree canopy
plan shall be required.
24. Tree Removal Permit
24.1. On a developed lot that is not undergoing further development or improvement,
a tree removal permit is required prior to the removal of any protected tree or
before any protected tree is irreparably damaged or destroyed, resulting in the
need for its removal.
24.2. The removal of a protected tree without a tree removal permit shall constitute a
violation of the tree ordinance and may result in a citation and fine for the tree
owner and any person involved in cutting, removing or damaging the tree.
24.3. Application for a tree removal permit shall be made by the tree owner or his/her
authorized agent, to the community development department.
24.4. A tree removal permit shall not be required for the removal of city trees by the
city or its authorized agent(s).
24.5. A tree removal permit is not required to remove a tree causing imminent threat
to people, property or public health, safety and welfare or under emergency
conditions.
24.6. A tree removal permit is required for the removal of a dead, unhealthy or
invasive tree.
24.7. A tree removal permit application fee shall be required, except for an application
for the removal of a dead, unhealthy or invasive tree.
24.8. The city arborist shall make a site visit to inspect the trees proposed for removal
within 10 days of the date of application and prior to approving or denying the
tree removal permit application to:
a. Verify the information contained in the application;
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Chapter 60. - Tree Canopy Conservation Ordinance
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b. Verify the amount of tree canopy cover proposed for removal;
c. Determine replacement requirements; and,
d. Evaluate other conditions on the lot that may affect the city arborist’s
decision to approve or deny the tree removal permit application.
24.9. A tree removal permit shall be approved if one or more of the following
conditions are met, as determined by the city arborist, or a written report from a
certified arborist:
a. Tree is dead, unhealthy, or invasive;
b. Tree is in irreversible decline or at the end of its normal life span;
c. Tree is infested with an insect or disease that has compromised the tree’s
health and survival, or may harbor an insect or disease organism that
threatens surrounding trees;
d. Tree is at risk for whole or partial tree failure;
e. An unresolvable conflict exists between the tree and overhead utility lines,
underground utility lines, utility infrastructure, sidewalks, walkways, other
paved surfaces, or an existing structure;
f. Removal of the tree is necessary for sight, traffic, pedestrian, vehicle, traffic
sign, or other safety-related clearance;
g. Trunk wounds with decay exist that cover greater than 25 percent of the
circumference of the trunk;
h. Trunk cavity or central column of decay exists that is greater than two-thirds
the diameter of the trunk at the point of the cavity;
i. Structural defects exist in the scaffold limbs, where defect correction through
pruning will result in removal of 50 percent or greater of the tree’s crown;
j. Litter originating from the tree creates an unsafe condition or poses a hazard
to public health, safety and welfare; or,
k. Tree is located such that a desired use on a lot (construction, installation, or
expansion of a building, pool, garden, or other site amenities) is not possible
without the removal of the tree, except that every effort shall be made to
place such structures or amenities where tree removal will not be required.
24.10. A tree removal permit may be approved under other unique conditions or
extenuating circumstances by the city arborist.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 23
24.11. Conditions under which protected tree removal is not permitted include but are
not limited to:
a. Removal of trees in excess of the number of trees necessary for the reasons
stated on the permit application;
b. Tree health or structural issues have not been confirmed by the city arborist
or a certified arborist;
c. Tree removal is proposed for the purpose of sign installation, clearance or
visibility, excluding traffic, directional, warning or information signs owned by
any public or semi-public agency;
d. For unwanted production of a normal amount of leaves, fruit, or other
organic litter that does not create an unsafe condition or that is not a hazard
to public health, safety and welfare;
e. To reduce the amount of native tree canopy cover on the lot to install formal,
non-native landscaping;
f. To substantially increase the amount of turf on the lot without a specific
purpose; and,
g. To substantially increase the amount of impervious surface on the lot
through paving, building construction, or other such impervious feature
without an approved tree canopy plan.
24.12. The city arborist will take into consideration the amount of tree canopy cover
existing on the lot at the time of application for a tree removal permit, the total
square feet of tree canopy cover proposed for removal, and the number of tree
removal permits approved for the lot within the last five (5) years.
24.13. When trees are removed on a lot without a tree removal permit under imminent
threat or emergency conditions, the owner of such trees shall provide an oral or
electronic notice via telephone, text or e-mail to the city arborist prior to or
immediately after the removal.
24.14. Should the city arborist determine that an imminent threat or emergency
removal was not warranted, an after-the-fact permit and fee shall be required in
addition to replacement tree planting pursuant to Section 25 of the tree
ordinance.
24.15. Replacement of the tree canopy removed, whether permitted or not permitted,
shall be required pursuant to Section 25.
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 24
25. Tree Canopy Replacement
25.1. The square feet of tree canopy cover provided by a protected tree that is
approved for removal on a lot shall be replaced if, after the removal, the lot has
less than the minimum tree canopy cover listed in Table 1.
25.2. The square feet of tree canopy cover provided by a protected tree that is topped
on a developed commercial or non-residential lot shall be replaced on the lot
regardless of whether the lot has the minimum tree canopy cover listed in Table
1.
25.3. Tree canopy replacement shall not be required after the approved removal of a
dead, unhealthy, or invasive tree, a tree posing an imminent threat, or a tree
removed under emergency conditions.
25.4. Tree canopy replacement shall not be required after the approved removal of
trees on a AG-1 zoned lot greater than 3 acres that is intended for agricultural
land use or use as an equestrian estate or horse farm as follows:
a. A waiver of minimum tree canopy cover requirements shall be assigned to
the lot if requested in writing by the property owner.
b. If the lot is not used for agricultural use, an equestrian estate, or horse farm
within 2 years after the approved removal of trees for such use then the
waiver shall become invalid and the minimum tree canopy cover listed in
Table 1 shall be required on the lot within 1 year after the issuance of a
written notice of non-compliance by the city.
c. Upon application for a development permit on a lot with a waiver of
minimum tree canopy cover requirements:
25.4.c.1. The waiver shall become invalid;
25.4.c.2. Tree canopy cover requirements shall be the same as for an undeveloped
lot pursuant to Article III of the tree ordinance;
25.4.c.3. A tree canopy plan shall be required showing how tree canopy cover
requirements will be met on the lot; and,
25.4.c.4. No development permits shall be issued until a tree canopy plan is
approved by the city arborist for the lot.
25.5. For specimen tree replacement, the square feet of tree canopy cover approved
for removal, plus an additional 20 percent, shall be replaced on the lot if, after
the removal, the lot has less than the minimum tree canopy cover listed in Table
1.
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Chapter 60. - Tree Canopy Conservation Ordinance
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25.6. For heritage tree replacement, the square feet of tree canopy cover approved
for removal, plus an additional 40 percent, shall be replaced on the lot if, after
the removal, the lot has less than the minimum tree canopy cover listed in Table
1.
25.7. Protected trees approved for removal because they have excessive or hazardous
litter or noxious fruiting habits, including specimen or heritage trees, shall
require replacement of no more than one-half of the tree canopy cover
approved for removal.
25.8. Replacement trees shall be a minimum of 2-inch caliper for non-specimen and
non-heritage protected trees and 4-inch caliper for specimen or heritage trees at
the time of planting.
25.9. When a protected tree is removed without a tree removal permit, two (2) times
the standard tree canopy cover credit for the species for non-specimen and non-
heritage protected trees, and four (4) times the canopy removed or standard
tree canopy cover credit, whichever is greater, for specimen trees and eight (8)
times the canopy removed or standard tree canopy cover credit, whichever is
greater, for heritage trees, shall be replaced on the lot with 4-inch caliper trees
regardless of whether the lot meets minimum tree canopy cover requirements.
25.10. For specimen and heritage tree removal and replacement on commercial and
non-residential properties, an approved tree planting and maintenance plan as
described in Section 27 shall be required prior to the approval of a tree removal
permit.
25.11. A tree planting and maintenance plan shall be required for replacement of
specimen and heritage trees on developed commercial and non-residential
properties; the plan shall be drawn to scale and include the following:
a. Location of lot boundaries;
b. Trunk location, species, DBH, and actual tree canopy cover of specimen and
heritage trees proposed for removal;
c. Trunk location, species, caliper, and tree canopy cover credit for replacement
trees proposed for planting;
d. A 3-year maintenance plan and schedule to include timing of mulching,
mulching materials, timing and method of irrigation, timing and purpose of
proposed pruning, timing of removal of staking, and timing of inspections;
and,
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Chapter 60. - Tree Canopy Conservation Ordinance
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e. Contact information for the person responsible for monitoring compliance
with the tree planting and maintenance plan.
25.12. All planting and maintenance activities for required replacement trees shall be
completed in accordance with the standards set forth in the tree conservation
manual.
25.13. Alternative compliance for tree replacement, as further described herein, may
be recommended by the city arborist and approved by the administrator.
25.14. Replacement trees shall be passively protected throughout their lives.
ARTICLE III. TREE CANOPY ON UNDEVELOPED PROPERTY
26. Tree Canopy Management
26.1. On undeveloped properties, tree canopy cover shall be managed through tree
canopy cover requirements, and tree conservation and planting to meet those
requirements.
27. Tree Canopy Priorities
27.1. Priority areas on undeveloped properties for tree conservation and planting shall
be:
a. Rural viewsheds;
b. Road frontages:
c. Parking lots;
d. Landscape strips and landscape islands; and,
e. Buffers.
27.2. Priority trees for conservation shall be specimen and heritage trees.
28. Tree Canopy Plan
28.1. An approved tree canopy plan shall be required as a condition of approval of any
land disturbance, building, or demolition permit, minor subdivision plat or
conceptual subdivision plan.
28.2. An approved tree canopy plan shall serve as an approved tree removal permit
for the purposes of land development.
28.3. The tree canopy plan shall be certified by a certified arborist, registered forester
or registered landscape architect.
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Chapter 60. - Tree Canopy Conservation Ordinance
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28.4. The tree canopy plan shall include a site survey, a tree protection plan for
existing trees that will remain on a lot and a tree planting and maintenance plan
for trees to be planted on the lot to meet tree canopy cover requirements, and
shall include the following:
a. A table summarizing how tree canopy requirements will be met with
conserved and planted trees;
b. Surveyed trunk location, DBH, species of all individually growing trees on the
lot, with specimen and heritage trees identified;
c. Location of tree groups and forested areas with description of primary
species and average DBH;
d. Trunk location, species, DBH, location of the critical root zone and square
feet of tree canopy cover of individual trees proposed for conservation;
e. Trunk location, species, and caliper of all trees proposed for planting;
f. Outline of the improved area and construction zone;
g. Location of all existing and proposed improvements, including buildings,
driveways, walkways, other structures and impervious surfaces, and sanitary
sewer systems;
h. planting, staking and mulching;
i. Location and type of all existing and proposed utilities;
j. Location of storage and parking areas for soil, construction materials,
personal vehicles and construction equipment;
k. Location of equipment washout rea and equipment maintenance area
outside of all tree protection zones and tree planting areas.
l. Location of ingress and egress points and access roads for vehicles and
construction equipment;
m. Grade changes, areas of excavation and fill, location of retaining walls, and
other changes to the existing grade that may affect the critical root zones of
trees proposed for conservation; and,
n. Name and contact information of property owner and primary authorized
agent(s) responsible for tree canopy plan compliance.
28.5. The site survey shall be certified by a registered surveyor.
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28.6. A tree protection plan shall be required as part of the tree canopy plan when
trees are proposed for conservation to meet tree canopy cover requirements
and may be a separate plan or a part of the tree canopy plan.
28.7. A tree protection plan shall be required with an application for a right-of-way
encroachment permit either related, or unrelated, to development, for any
activity on city or private property that will encroach on the critical root zone of
a city tree.
28.8. The tree protection plan shall be certified by a certified arborist or registered
forester.
28.9. The city arborist shall be responsible for reviewing all tree protection plans and
shall determine whether the tree protection plan complies with all applicable
tree ordinance requirements.
28.10. For tree protection plans required for right-of-way encroachment permit
applications, a tree protection plan review fee shall be required at the time of
application in an amount set forth in the city’s fee schedule.
28.11. The tree protection plan shall include the following:
a. Map of the lot delineating where disturbance activity will occur;
b. Trunk location, species, and DBH of trees to be protected;
c. Location of the limits of the critical root zones and tree protection fencing;
d. Notations of all methods of tree protection to be used with descriptions of
materials to be used;
e. Illustrations and construction details for tree protection zone and tree
protection fencing;
f. Sign and text size, color, composition, and text of signage to be used in
identifying the area as a tree protection zone; and,
g. Name and contact information for the person responsible for monitoring and
maintaining tree protection measures during construction.
28.12. A tree planting and maintenance plan shall be required as part of the tree
canopy plan when trees are proposed for planting on a lot to meet tree canopy
cover requirements, and for the planting of replacement trees for specimen and
heritage trees approved for removal on developed commercial and non-
residential properties.
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28.13. The tree planting and maintenance plan shall be certified by a certified arborist,
registered forester, or registered landscape architect.
28.14. The city arborist shall be responsible for reviewing all tree planting and
maintenance plans and shall determine whether the plan complies with all
applicable tree ordinance requirements.
28.15. The tree planting and maintenance plan required with the tree canopy plan shall
be drawn to scale and shall include the following:
a. Location of lot boundaries.
b. Trunk location, species, caliper of all trees proposed for planting on the lot to
meet tree canopy cover requirements;
c. A 3-year maintenance plan and schedule to include timing of mulching,
mulching materials, timing and method of irrigation, timing and purpose of
proposed pruning, timing of removal of staking, and timing of inspections;
and,
d. Contact information for person responsible for monitoring compliance with
the tree planting and maintenance plan.
28.16. The tree canopy plan, site survey, tree protection plan, and tree planting and
maintenance plan may be combined onto a single plan if all required information
can be clearly depicted
28.17. The city arborist shall be responsible for reviewing all tree canopy plans and shall
decide whether the tree canopy plan shall be approved, denied, or approved
with changes.
28.18. A tree canopy plan review application fee shall be required at the time of plan
submittal in an amount set forth in the city’s fee schedule.
28.19. No tree damage or removal, or land disturbance shall take place on an
undeveloped lot without an approved tree canopy plan showing how tree
canopy cover requirements will be met.
28.20. Conformance with all aspects of an approved tree canopy plan, as determined by
the city arborist, shall be required prior to the issuance of a certificate of
occupancy or final plat approval.
28.21. All tree protection, planting and maintenance activities shall be completed in
accordance with the standards set forth in the tree conservation manual.
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29. Tree Canopy Cover Requirements
29.1. Tree canopy cover shall be required on all undeveloped properties as a condition
of development.
29.2. The amount of tree canopy cover required on a lot as a condition of
development shall be the amount currently existing outside of the improved
area and within the lot boundaries, or the minimum amount set forth in Table 1,
whichever is greater, and shall include trees in required locations as described in
Section 29.
29.3. The minimum amount of tree canopy cover required shall be based on the
zoning district, and lot size for residential properties, and shall be as set forth in
Table 1.
Table 1. Minimum Tree Canopy Cover Required
Zoning District
Minimum Tree Canopy Cover Required
as a Percent of Total Lot Area
AG-1 60%
C-1 50%
CBS 50%
CS 50%
CUP 60%
H 30%
MHP 60%
MIX 40%
NUP 60%
O-I 40%
R-1 60%
R-2 60%
R-2A 60%
R-3 50%
R-3A 50%
R-4 50%
R-4A 50%
R5 40%
R-5A 40%
R-6 40%
Suburban A 50%
T2 60%
T3 50%
T4 30%
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Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 31
Table 1. Minimum Tree Canopy Cover Required
Zoning District
Minimum Tree Canopy Cover Required
as a Percent of Total Lot Area
T4 - Open 30%
T4P 30%
T4R 30%
T5 10%
T5R 10%
T6 10%
TR 30%
Residential lots less than 1 acre,
regardless of zoning district 40%
Residential lots less than 1/3 acre,
regardless of zoning district 20%
Residential lots greater than 1.5 acres
with documented agricultural land use 0%
Residential lots greater than 1.5 acres
with 25 percent or less tree canopy
cover for 10 years prior to development
½ tree canopy cover requirement for
the zoning district
Residential lots 5 acres and greater with
greater than 25 percent tree canopy
cover and less than 15 percent
impervious surface cover
The requirement for the zoning district
less 5 percent
Residential lots 5 acres and greater with
greater than 25 percent tree canopy
cover and less than 10 percent
impervious surface cover
The requirement for the zoning district
less 10 percent
29.4. In subdivision developments, tree canopy cover requirements shall apply to both
the entire development and to each lot within the development.
29.5. Residential lots that are greater than 1.5 acre and have had 25 percent tree
canopy cover or less for at least 10 years prior to development shall have their
minimum tree canopy cover requirement reduced by one-half, except that trees
shall still be required in rural viewsheds, road frontages, parking lots, landscape
strips and buffers as required by the tree ordinance and the zoning regulations.
29.6. Residential lots that are 5 acres or greater in size with greater than 25 percent
tree canopy cover shall have their minimum tree canopy cover requirement
reduced by 5 percent (for example, a requirement of 60 percent becomes 55
percent) if they also have less than 15 percent total impervious surface on the
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 32
lot, or by 10 percent (i.e., a requirement of 60 percent becomes 50 percent) if
they also have less than 10 percent total impervious surface on the lot.
29.7. Residential lots that are greater than 3 acre shall be exempt from minimum tree
canopy cover requirements if the proposed use is for an equestrian estate, horse
farm or other agricultural land use, except that trees shall still be required in
rural viewsheds, road frontages, parking lots, landscape strips and buffers as
required by the tree ordinance and the zoning regulations. In such cases, a
waiver of minimum tree canopy cover requirements shall be assigned to the lot.
If the property is not used for agricultural use, an equestrian estate, or horse
farm for any 2-year period after the issuance of a certificate of occupancy, then
the waiver shall become invalid and the minimum tree canopy cover listed in
Table 1 shall be established on the lot within 1 year after issuance of a written
notice of non-compliance by the city.
29.8. Recompense for specimen trees approved for removal within the improved area
shall be required at 120 percent of the actual amount of tree canopy cover
removed regardless of whether the lot meets minimum tree canopy cover
requirements.
29.9. Recompense for heritage trees approved for removal within the improved area
shall be required at 140 percent of the actual amount of tree canopy cover
removed regardless of whether the lot meets minimum tree canopy cover
requirements.
29.10. Trees shall be conserved for tree canopy cover credit in accordance with the
requirements that follow.
a. All healthy trees outside of the improved area shall be conserved and
protected from damage during construction.
b. Trees outside of the construction zone, but within the remaining improved
area, may be conserved for tree canopy cover credit if they can be
successfully protected from damage during construction as determined by
the city arborist.
c. Trees shall be conserved to the greatest extent possible in priority areas to
meet tree canopy cover requirements.
d. Regardless of whether the lot meets minimum tree canopy cover
requirements, trees shall be required, either conserved or planted, in rural
viewsheds, road frontages, parking lots, landscape islands, landscape strips
and buffers as set forth in the zoning regulations and Section 29 of the tree
ordinance.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 33
e. Existing trees 2 inches DBH and greater, except for invasive species listed on
the tree species list or otherwise known to be invasive, shall be eligible for
tree canopy cover credit.
f. Every effort should be made to conserve trees, especially pine trees, in
groups or stands as the conservation of a single or few trees previously
growing within a stand will predispose such trees to windthrow.
g. Individual trees without overlapping crowns shall be given their actual tree
canopy cover or the standard tree canopy cover credit for the species.
h. Groups of 4 or less trees with overlapping crowns and less than 2,500 square
feet of tree canopy cover shall be given the actual tree canopy cover credit
for the group as a whole.
i. Forested areas shall be given the actual tree canopy cover credit for the
forested area as a whole.
j. Individual trees within forested areas shall not individually or separately be
given tree canopy cover credit.
k. Forested areas shall remain in an undisturbed condition and turf, mowing,
removal of the natural leaf litter, and clearing of underbrush other than
invasive plants are prohibited within the limits of the forested area.
l. No tree maintenance shall be required in forested areas, except for that
necessary to maintain a healthy stand of trees.
m. Forested areas dominated by non-native, invasive, and/or exotic plant
species (kudzu, for example) shall not be eligible for tree canopy cover credit.
n. A tree removal permit is required to remove a protected tree within a
forested area.
o. Trees conserved to meet tree canopy cover requirements shall be actively
protected during construction and passively protected at all times.
p. On commercial and other non-residential properties, specimen and heritage
trees that have been conserved to satisfy tree canopy cover requirements
shall be passively protected throughout their lives.
q. Tree canopy cover credit shall be assigned to conserved individual trees and
groups of trees as further set forth in the tree conservation manual.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 34
29.11. Tree Planting for Canopy Credit
a. When tree conservation alone cannot satisfy the tree canopy cover and
location requirements, the planting of additional trees shall be required.
b. A standard amount of tree canopy cover credit shall be assigned to a planted
tree based on its species and tree canopy size class as set forth in the tree
species list located in the tree conservation manual.
c. Trees planted to meet tree canopy cover requirements shall be passively
protected at all times.
30. Required Tree Locations
30.1. Rural Viewsheds
a. Where rural viewsheds are required in accordance with zoning regulations,
the entire area encompassed by the rural viewshed shall be eligible for tree
canopy cover credit.
b. For minor subdivisions and individual undeveloped residential properties, the
conservation of trees in a rural viewshed shall be eligible for a bonus of 20
percent additional square feet of tree canopy cover credit. For example, if
the rural viewshed has 3,000 square feet of actual tree canopy cover, a
bonus of 600 square feet will be added as a bonus for a total credit of 3,600
square feet.
c. Individual conserved or planted trees within rural viewsheds shall not be
given tree canopy cover credit individually or separately.
d. No disturbance of the vegetation, including herbaceous plants, shrubs or
vines, is allowed within forested areas conserved for rural viewsheds, except
for the removal of Chinese privet (Ligustrum sinense), kudzu (Pueraria
montana var. lobata), or English ivy (Hedera helix) and other invasive species
with city arborist approval.
e. Trees shall be planted at a spacing compatible with tree placement standards
set forth in the tree conservation manual, except that closer spacing or
clumping may be approved by the city arborist if the design meets the
purpose and intent of the tree ordinance.
30.2. Road Frontages
a. In all new developments, a minimum of 1 street tree per 30 linear feet shall
be required along road frontages on private property to provide tree canopy
over paved streets, sidewalks, and trails.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 35
b. Street tree requirements may be met with either conserved or planted trees.
c. For planted street trees, the amount of available growing space above and
below ground shall dictate which tree species may be planted as set forth in
the tree conservation manual.
d. Trees of the largest mature height and widest tree canopy size classes that
match the available growing space within the road frontage shall be planted.
e. Street trees shall be planted at a spacing compatible with tree placement
standards set forth in the tree conservation manual, except that closer
spacing or clumping may be approved by the city arborist if the design meets
the purpose and intent of the tree ordinance.
f. Street trees may be planted on the city street right-of-way if adequate
growing space does not exist within the private property road frontage, but
does exist within the city street right-of-way, if approved by both the city
arborist and public works director.
30.3. Parking Lots
a. Parking lot landscaping shall conform to requirements in Chapter 64. –
Zoning, Article III. – Tree Preservation and Administrative Guidelines, Sec. 64-
238 – Parking lot landscaping, and to the requirements set forth herein.
Where differences between the provisions exist, the more restrictive
provisions shall prevail.
b. All parking lots shall be required to have a minimum of 60 percent tree
canopy cover.
c. Trees shall be evenly distributed throughout the parking lot to maximize tree
functions and benefits.
d. There shall be a minimum of one (1) very wide or wide canopy tree for every
6 parking spaces.
e. Trees in the very narrow tree canopy size class shall not be eligible for tree
canopy cover credit in parking lots.
f. At least 75 percent of the trees planted to meet parking lot tree canopy
requirements shall be trees in the very wide or wide tree canopy size classes.
g. No parking space shall be greater than 60 feet from the trunk of a tree.
h. All trees planted within parking areas or otherwise surrounded by pavement
shall have a minimum amount of open soil surface and rooting area in
accordance with the standards set forth in the tree conservation manual.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 36
i. In parking lots and other paved areas where expanded rooting and water
infiltration areas are created with permeable pavement, structural soils or
suspended pavement, the minimum open soil surface area may be reduced
up to 50 percent if permeable pavement is used or up to 30 percent if
structural soils or suspended pavement are used.
j. Light poles and trees shall not share parking lot landscape islands to
eliminate the need for severe pruning of tree crowns as they mature.
k. Stormwater runoff into parking lot landscape islands may be permitted upon
approval by the city arborist if the design meets the intent and purpose of
the tree ordinance.
30.4. Landscape Strips
a. Landscape strips shall be required as set forth in Chapter 64. – Zoning, Article
III. – Tree Preservation and Administrative Guidelines, Sec. 64-237 – Minimum
landscape strips and buffers, zoning regulations and the requirements set
forth herein; where differences between the provisions exist, the more
restrictive provisions shall prevail.
b. Trees within required landscape strips shall be provided as follows:
30.4.b.1. In landscape strips 25 feet wide or less, a minimum of one (1) tree for
every 30 linear feet of landscape strip, at a spacing compatible with tree
placement standards set forth in the tree conservation manual, except that
closer spacing or clumping may be approved by the city arborist.
30.4.b.2. In landscape strips greater than 25 feet wide, a minimum of one (1) tree
for every 20 linear feet of landscape strip, at a spacing compatible with tree
placement standards set forth in the tree conservation manual, except that
closer spacing or clumping may be approved by the city arborist.
30.4.b.3. Clumping is permitted to create a more natural-looking landscape.
30.4.b.4. All required landscape strips shall be designed with at least 60 percent
tree canopy cover with no more than 40 percent cover in grass or ground
cover.
30.4.b.5. All species within required landscape strips must be ecologically
compatible with the growing site.
30.4.b.6. Trees in the very narrow or narrow tree canopy size class in the tree
species list shall not be used to satisfy landscape strip requirements unless
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 37
adequate growing space does not exist for trees in the wide or very wide tree
canopy size classes.
30.4.b.7. No permanent structures shall be permitted within landscape strips,
including retaining walls, curbing, dumpsters, detention facilities, etc.
30.4.b.8. Monument signs, fences, drainage structures, or sidewalks may be
permitted within landscape strips if it is determined by the city arborist that
their placement is consistent with the purpose and intent of this ordinance.
30.4.b.9. Curb stops shall be used to prevent vehicle overhang into require
landscape strips and parking lot landscape islands, with one curb stop per
parking stall required.
30.4.b.10. Signs within required landscape strips shall be subject to the approval of
the department of community development and may only be located in areas
of turf or groundcover, and shall not conflict with the growing space
designated for trees and shrubs.
30.4.b.11. The deposition of stormwater runoff into drainage swales through
landscape strips is not permitted. Exceptions will be considered by the city
arborist only if this standard will create an undue hardship to the property
owner. Unless approved by the city arborist, the width of a drainage
easement through a landscape strip shall not exceed the width of the strip.
30.4.b.12. When fencing is required as a condition of rezoning, the finished surface
of the fence must face externally to the project. The exact location for fence
placement within the landscape strip will be determined on a case by case
basis by the city arborist and may be approved if the design meets the intent
and purpose of the tree ordinance.
30.5. Buffers
a. Buffers required pursuant to Chapter 64 – Zoning shall provide a visual and
noise barrier and where sparsely vegetated or where disturbed for approved
access and utility crossings, they must be replanted.
b. Required buffers shall remain undisturbed and actively protected for the
duration of the permitted use for the site.
c. Buffers must be replanted where sparsely vegetated or where disturbed for
approved access and utility crossings.
d. Trees approved for planting in buffers shall be primarily slow growing
evergreen trees selected from the tree species list and shall be subject to the
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 38
approval of the city arborist; up to 15 percent of the trees conserved or
planted in buffers may be small height class hardwood trees approved for
buffers as indicated on the tree species list.
e. Trees shall be a minimum of five (5) feet in height at time of planting, with
branching all the way to the ground required for evergreen trees.
f. The number of planting rows for trees in buffers shall be determined by the
buffer width, as set forth in Table 2.
Table 2. Minimum Rows for Buffers by Width
Buffer Width Minimum Planting Rows
Less than 20 feet 2 rows
20 feet to 30 feet 3 rows
31 feet to 50 feet 4 rows
Greater than 50 feet 4 plus 1 row for each additional 15 feet
g. Drainage through buffers is subject to the approval of the administrator.
h. Encroachment into buffers for the construction of retaining walls, footings,
or wall supports is not permitted unless otherwise specified in the conditions
of rezoning. Encroachments into buffer shall require zoning modifications or
variances as applicable.
i. All buffers require a 10-foot improvement setback interior to the buffer.
j. No grading is allowed in the improvement setback unless permission is
obtained from the administrator.
k. Signs are not permitted within required undisturbed buffers.
31. Topped Trees
31.1. Trees that have been topped shall not be eligible for tree canopy cover credit.
31.2. On developed commercial and non-residential properties, the credit previously
given to a protected tree as shown on an approved tree canopy plan that is
subsequently topped shall be revoked and replacement tree canopy shall be
required in an amount equal to the tree canopy credit assigned to the topped
tree.
32. Minimum Landscape and Maintenance Requirements
32.1. Prior to the issuance of a certificate of occupancy or final plat approval,
minimum landscape requirements shall be met that include the following:
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 39
a. All exposed ground on a lot shall be covered with either turf, herbaceous
plants, shrubs or trees;
b. The planting of English ivy, Chinese privet, kudzu or other invasive species as
a ground cover shall be prohibited;
c. The critical root zone of all individually growing trees shall be mulched;
d. Tree groups not within a forested area shall be mulched as a group;
e. Forested areas shall be left undisturbed with the natural leaf litter layer on
the surface remaining intact; and,
f. Mulching shall conform to the standards set forth in the tree conservation
manual.
32.2. After the issuance of a certificate of occupancy or final plat approval, minimum
landscape maintenance shall include the requirements that follow.
a. Protected trees that are approved for removal shall be replaced pursuant to
Section 25.
b. Trees required within rural viewsheds, road frontages, landscape islands,
landscape strips and buffers shall be maintained in accordance with the
standards set forth in the tree conservation manual.
c. Trees planted to meet tree ordinance requirements shall be passively
protected at all times.
33. Landscape Performance Bond
33.1. When the planting of trees and other required landscape plants cannot be
completed during the planting season, a landscape performance bond shall be
issued to the city.
33.2. The amount of the bond shall be equal to 125 percent of the total cost to
purchase and install the trees and landscape plants based on the average of
three (3) written estimates provided by the applicant.
33.3. The planting of trees and landscape plants covered by a landscape performance
bond shall be completed within 1 year of the issuance of the bond.
33.4. If tree planting is not completed within 1 year of the issuance of the bond, the
city may use the bond to plant the required trees and landscape plants on the
lot, or off-site in a registered tree bank.
33.5. Upon the successful planting of all required trees and landscape plants by the
applicant, the landscape performance bond shall be returned.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 40
34. Certificate of Occupancy and Final Plat Approval
34.1. A certificate of occupancy or final plat approval shall only be issued if all the
following conditions have been met:
a. Applicant meets all tree ordinance requirements.
b. Lot conforms to all aspects of the tree canopy plan.
c. All trees required to be planted by the tree canopy plan, tree planting and
maintenance plan, remediation plan, City of Milton zoning ordinance,
variance conditions or other conditions for a development permit or plan
approval, have been installed on the lot or in a tree bank.
d. Required payments have been made to the tree canopy fund.
e. Any civil penalties or other monetary obligations assessed for violations of
the tree ordinance have been paid.
f. All replacement trees and tree canopy cover required due to violations of the
tree ordinance have been installed.
34.2. A temporary certificate of occupancy may be granted by the administrator
before all trees have been planted if a landscape performance bond has been
issued to the city.
35. Alternative Compliance
35.1. Alternative compliance for a portion of the tree canopy cover required on a lot
may be approved by the administrator pursuant to the provisions of this section.
35.2. Subdivision developments as a whole are not eligible to use alternative
compliance; owners of individual properties within a subdivision development
may be eligible to use alternative compliance.
35.3. Alternative compliance shall be either the planting of trees off-site in a
registered tree bank in an amount equal to the proposed tree canopy cover
deficit or replacement deficit, or a payment made by the applicant to the City of
Milton Tree Canopy Fund for the tree canopy value of the deficit.
35.4. Planting trees off-site in a tree bank for a maximum of one-half (1/2) of the tree
canopy cover requirement or tree replacement requirement may be approved.
35.5. The city shall maintain a list of registered tree bank sites, which may include
open space on city property or on developed, private property.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 41
35.6. Owners of developed properties with at least 8,000 square feet of open space
may apply to the city to have their open space registered as a tree bank under
the conditions set forth in the tree conservation manual.
35.7. The use of the tree bank shall be approved by the administrator under the
following conditions:
a. The maximum amount of tree canopy cover possible on the lot is conserved
and/or planted, as determined by the city arborist; and,
b. A registered tree bank site is available with enough space to accommodate
the trees and their required growing space.
35.8. Applicants wishing to plant trees off-site shall execute a letter of agreement
directly with the registered tree bank owner that must include, at a minimum:
a. Applicant’s name and contact information;
b. Number of trees to be planted by species and caliper;
c. Planting schedule including projected beginning date of planting and
projected completion date of planting;
d. Name and contact information for applicant’s agent who will be responsible
for the planting of trees on the tree bank site; and,
e. Commitment to maintain the property in the condition in which it was found
prior to the planting operation.
35.9. Trees planted in tree banks shall meet all the same requirements as for trees
planted on-site.
35.10. A tree planting and maintenance plan developed and submitted by the applicant
shall be required.
35.11. The applicant shall be responsible for the planting of trees off-site in a tree bank.
35.12. The registered tree bank owner shall be responsible for the required
maintenance and protection of tree bank trees.
35.13. The area planted or conserved as a tree bank shall remain covered by tree
canopy in perpetuity, unless otherwise modified with the approval of the city
arborist.
35.14. The removal of trees within a tree bank shall require a tree removal permit.
35.15. A payment to the tree canopy fund in lieu of the conservation or planting of tree
canopy cover for a maximum of one-third (1/3) of the tree canopy cover
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 42
requirement or tree replacement requirement shall be approved by the
administrator under the following conditions:
a. The conservation or planting of the required tree canopy cover or
replacement trees will eliminate the owner’s ability to utilize their lot for a
specific, permitted use as described in writing by the property owner; and,
b. No tree bank location is available for the planting of trees off-site.
35.16. Payments into the tree fund for tree canopy cover requirement deficit shall be
calculated using the tree canopy value set forth in the city’s current fee
schedule.
36. Tree Canopy Fund
36.1. There is hereby adopted a City of Milton Tree Canopy Fund to be established for
the deposit of payments required by the tree ordinance or donated for other
community forest management activities.
36.2. In addition to receiving payments for tree canopy cover requirement deficit, the
tree canopy fund shall also receive as revenue:
a. Donations for tree program activities;
b. Fees for tree-related permits and plans review; and,
c. Fines for violation of the tree ordinance.
36.3. Tree canopy funds may be expended for:
a. The purchase, planting and maintenance of trees on city property; and,
b. Community forestry management activities conducted by the city to sustain,
increase and improve tree canopy cover.
37. Timber Harvesting
37.1. For lots greater than 2 acres, a timber harvesting notification shall be required
and shall be submitted to the community development department before any
timber harvesting may commence.
37.2. A 50-foot undisturbed buffer around the perimeter of a lot where timber
harvesting will occur shall be required in all zoning districts.
37.3. The clearcutting of timber shall be allowed on AG-1 zoned land only.
37.4. Thinning shall be allowed in all zoning districts and land uses.
37.5. Except for AG-1 zoned properties, an approved tree canopy plan shall be
required before timber harvesting may commence.
City of Milton
Chapter 60. - Tree Canopy Conservation Ordinance
Adopted January 6, 2020 Page 43
37.6. No development permits shall be issued for a lot for a period of 5 years after the
completion of timber harvesting operations unless a tree canopy plan has been
submitted for the lot concurrent with the submittal of the timber harvesting
notification.
37.7. When a tree canopy plan is required or voluntarily submitted for a lot on which
clearcutting or thinning will occur, the following requirements shall apply:
a. The tree canopy plan shall show the location of the required 50-foot
undisturbed buffer, any state water buffers, areas to be clearcut, areas to be
thinned, and all specimen and heritage trees;
b. The lot must meet the tree canopy cover requirements for the zoning district
for the entire lot upon completion of timber harvesting; and,
c. The conservation of specimen trees and heritage trees shall be required, and
all specimen and heritage trees conserved shall be actively protected during
timber harvesting operations in accordance with the standards set forth in
the tree conservation manual.
37.8. Stump removal or grading shall be prohibited as part of normal timber
harvesting operations that are not related to development.
37.9. Clearcutting, thinning or land disturbance shall not be allowed within state water
or wetland buffers.
37.10. Compliance with the soil erosion and sedimentation control ordinance is
required.
37.11. All timber harvesting operations shall comply with the most current Georgia’s Best
Management Practices for Forestry available from the local office of the Georgia
Forestry Commission.
TO:
FROM:
MILTON"It
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: December 10, 2019
Steven Krokoff, City Manager
AGENDA ITEM: Consideration of U 19-02/VC 19-03 located at 16040
Birmingham Hwy (SR 372) by Northleach, LLC (Ashford
Gardeners, Inc.) for a Use Permit for a Landscape Business
with 15 -part Concurrent Variances
MEETING DATE: Monday, December 16, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (.APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES (AO
CITY ATTORNEY REVIEW REQUIRED: () YES (1111 0
APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR: 11A./1019
2006 Heritage Walk Milton, GA
0000
P: 678.242.25001 F: 678.242.2499 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)
Page 2 of 40 11/26/2019
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
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2035 FUTURE LAND USE MAP
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SITE PLAN SUBMITTED – SEPTEMBER 27, 2019
Page is too large to OCR.
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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
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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
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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
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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.
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.
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.
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.
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
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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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)
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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.
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Presentation on December 2, 2019)
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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)
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(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
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Presentation on December 2, 2019)
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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)
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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.
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Presentation on December 2, 2019)
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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
TO:
FROM:
MILTON" *
ESTABLISHED 2006
CITY COUNCIL AGENDA ITEM
City Council
DATE: December 10, 2019
Steven Krokoff, City Manager Co
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 16, 2019 Regular City Council Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: (.APPROVED (J NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES („?NO
CITY ATTORNEY REVIEW REQUIRED: () YES (;AO
APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED
PLACED ON AGENDA FOR: I t'1 k'/"'1 g
2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us
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)