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Agenda Packet - CC - 02/19/2020
2006 HERITAGE WALK, MILTON, GA 30004 ǀ 678.242.2500 ǀ WWW.CITYOFMILTONGA.US Persons needing special accommodations in order to participate in any City meeting should call 678.242.2500. Joe Lockwood, Mayor CITY COUNCIL Peyton Jamison Paul Moore Laura Bentley Carol Cookerly Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall Wednesday, February 19, 2020 Regular Council Meeting Agenda 6:00 PM INVOCATION – Matt Marietta 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. 20-033) 5)PUBLIC COMMENT (General) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 19, 2020 Page 2 of 5 6) CONSENT AGENDA 1. Approval of the Financial Statements and Investment Report for the Period Ending November 2019. (Agenda Item No. 20-034) (Bernadette Harvill, Finance Director) 2. Approval of the Financial Statements and Investment Report for the Period Ending December 2019. (Agenda Item No. 20-035) (Bernadette Harvill, Finance Director) 3. Approval of a Professional Services Agreement between the City of Milton and CH2M Hill Engineers, Inc. a Subsidiary of Jacobs Engineering Group, Inc. for an Acquisition Agent for the City of Milton Greenspace Bond Initiative. (Agenda Item No. 20-036) (Teresa Stickels, Conservation Program Manager) 4. Approval of a Banking Services Agreement between the City of Milton and Truist Bank, successor by merger to SunTrust Bank. (Agenda Item No. 20-037) (Bernadette Harvill, Finance Director) 5. Approval of a Contract between the City of Milton and Crabapple Green, LLC for “Meet Me in Milton” 2020 Dates. (Agenda Item No. 20-038) (Sarah LaDart, Economic Development Manager) 6. Approval of a Construction Services Agreement between the City of Milton and TriScapes, Inc. for the Installation of a Concrete Driveway Apron for the Public Works Building. (Agenda Item No. 20-039) (Robert Drewry, Public Works Director) 7. Approval of a Contract between the City of Milton and AT&T for Dedicated Internet Services. (Agenda Item No. 20-040) (Steve Krokoff, City Manager) 8. Approval of a Contract between the City of Milton and AT&T for Switched Ethernet Services. (Agenda Item No. 20-041) (Steve Krokoff, City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 19, 2020 9. Approval of Subdivision Plats and Revisions. Name of Development / Location Action Comments / #lots Total Acres Density 1. Susan Lesley Chandlee LL 913, 914 Minor Create 2 14'48 .13 Lots / 13540 Bethany Road Plat Lots acre (Agenda Item No. 20-042) (Parag Agrawal, Community Development Director) 7) REPORTS AND PRESENTATIONS 1. Presentation of the Equestrian Friendly Zoning Project. (Parag Agrawal, Community Development Director) 2. Proclamation Recognizing Arbor Day 2020. (Mayor Joe Lockwood) 3. Presentation of Lighting and Landscape for Hopewell Road Roundabouts. (Robert Drewry, Public Works Director) S) FIRST PRESENTATION 1. Consideration of ZM20-02/VC20-02 at 15260 Hopewell Road by Chris Sedgwick to revise conditions 2a, 3a, 3g and to request to delete conditions 3b and 3c [H (Historic) RZ12-15] to construct additional parking on the site. Concurrent variance to Sec. 64-2455 - To allow application for a Certificate of Appropriateness to be considered by the Design Review Board instead of the Historic Preservation Commission. (Agenda Item No. 20-043) (Parag Agrawal, Community Development Director) 2. Consideration of RZ20-01 Definitions. (Agenda Item No. 20-044) (Sarah LaDart, Economic Development Manager) 3. Consideration of RZ20-02 Sec. 64-395, Uses Prohibited in All Districts. (Agenda Item No. 20-045) (Sarah LaDart, Economic Development Manager) Page 3 of 5 MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 19, 2020 Page 4 of 5 4. Consideration of RZ20-03 Sec. 64-752(1), Mixed Use District Permitted Uses. (Agenda Item No. 20-046) (Sarah LaDart, Economic Development Manager) 5. Consideration of RZ20-04 Sec. 64-775(1), Sec. 64-775(2), Permitted and Accessory Uses in C-1 (Community Business) District. (Agenda Item No. 20-047) (Sarah LaDart, Economic Development Manager) 6. Consideration of RZ20-05 Sec. 64-798(1), Sec. 64-798(2) Permitted and Accessory Uses in C-2 (Community Business) District. (Agenda Item No. 20-048) (Sarah LaDart, Economic Development Manager) 7. Consideration of RZ20-06 Sec. 64-895(1), Sec. 64-895(2) Permitted and Accessory Uses in Community Unit Plan (CUP) District. (Agenda Item No. 20-049) (Sarah LaDart, Economic Development Manager) 8. Consideration of RZ20-07 Sec. 64-1112, Allowed Use Chart. (Agenda Item No. 20-050) (Sarah LaDart, Economic Development Manager) 9. Consideration of RZ20-08 Sec. 64, Article XIX, Crabapple Form Based Code, 6-1 Definitions, Table 9. (Agenda Item No. 20-051) (Sarah LaDart, Economic Development Manager) 10. Consideration of RZ20-09 Sec. 64, Article XX, Deerfield Form Based Code, 6-1 Definitions, Table 10. (Agenda Item No. 20-052) (Sarah LaDart, Economic Development Manager) 11. Consideration of an Ordinance to Amend Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia. (Agenda Item No. 20-053) (Sarah LaDart, Economic Development Manager) 12. Consideration of an Ordinance to Amend Appendix A, Section 4-52 Related to Chapter 4, Alcoholic Beverages of the Code of the City of Milton, Georgia. (Agenda Item No. 20-054) (Sarah LaDart, Economic Development Manager) 9) PUBLIC HEARING (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 19, 2020 Page 5 of 5 10) ZONING AGENDA (None) 11) UNFINISHED BUSINESS (None) 12) NEW BUSINESS 1. Consideration of a Land Acquisition Agreement for Purchase of Realty between the City of Milton and GFLIRB LLC, a Delaware Limited Liability Company, and Douglas R. Coe, an Individual for Fulton Tax Parcel No. 22 462009610557, 13502 Providence Road (approximately 15.853 acres), for a Purchase Price of $72,500 per Acre. (Agenda Item No. 20-055) (Ken Jarrard, City Attorney) 2. Approval of a Professional Services Agreement between the City of Milton and MCCi, LLC for Scanning Services (Agenda Item No. 20-056) (Stacey Inglis, Assistant City Manager) 13) MAYOR AND COUNCIL REPORTS STAFF REPORTS Department Updates 1. Community Development 2. Information Services 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 20-057) T N 1V1 I L *t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 12, 2020 FROM: Steven Krokoff, City Manager Q) AGENDA ITEM: Approval of Financial Statements & Investment Report for Period 2 - November 2019 MEETING DATE: Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 1APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (- NO CITY ATTORNEY REVIEW REQUIRED: () YES (,(NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: OLl111) LCU-7 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us MILTON'r ESTABLISHED 2OD6 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on February 11, 2020 for the February 19, 2020 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 2- November 2019 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 6.01% over what is anticipated for the second 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 $5,715,090 and are 13.94% 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 $13,301,568, capital expenditures -to -date total $1,179,339. Please note that the financial statements for capital related funds include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 2006 Hentage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 info®cityofmiltonga.us I www.cityofmiltongo.us 0000 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending November 2019 ,..; Current Month '. Year -to -Date - •. - - rRevenues .-` Annuai BedgeC ActualBudgeted Variance Variance over/antler Actual Budgeted Variance over! under Property Tax 12,025,225 6,366,868 6,309,245 57,623 9,885,918 9,482,981 402,937 Motor Vehicle Tax 452,100 109,055 37,342 71,713 109,055 37,342 71,713 Intangible Tax 215,000 29,446 17,910 11,536 29,446 17,910 11,536 Real Estate Transfer Tax 100,000 8,253 8,330 (77) 8,253 8,330 (77) Franchise Fees 2,105,800 - - - 49,800 49,800 - Local Option Sales Tax 9,400,000 837,839 783,020 54,819 837,839 783,020 54,819 Alcohol Beverage Excise Tax 310,000 31,948 25,730 6,218 31,948 25,730 6,218 Business & Occupation Tax 800,000 700 - 700 2,630 - 2,630 Insurance Premium Tax 2,500,000 - - - - - - Financial Institution Tax 45,000 - - - - - - Penalties & Interest 22,200 4,367 1,855 2,512 7,692 2,830 4,862 Alcohol Beverage Licenses 170,000 113,925 14,161 99,764 133,167 28,322 104,845 Other Non -Business PennilsUcenses 33,100 3,550 2,632 918 6,660 5,265 1,396 Zoning & Land Disturbance Permits 58,350 1,460 4,861 (3,401) 4,570 9,721 (5,151) Building Permits 350,000 16,346 28,000 (11,654) 42,207 63,000 (20,793) Intergovernmental Revenue - - - - - - - OtherChargesforService 517,420 22,544 27,619 (5,075) 79,700 93,095 (13,395) Municipal Court Fines 380,000 18,701 31,654 (12,953) 48,491 63,308 (14,817) Interest Earnings 301,000 23,010 25,073 (2,063) 47,480 50,147 (2,667) Contributions & Donations - 12,203 - 12,203 13,853 - 13,853 Other Revenue 108,726 18,201 8,499 9,703 31,319 17,298 14,021 Other Financin Sources 93,093 6 924 6,822 3 28,449 13,843 14,606 Total Revenues 29,987,014 7,825,341 7,3J2'853 292,488 11,398,475 10,751,941 646,535 ,..; I Current Monty Year -to -Date Operating Expenditures' 'Annual Budget Variance Variance Actual Budgeted over/under Actual Budgeted over) under Mayor and Council 196,111 17,924 15,906 2,018 28,893 36,550 (7,657) City Clerk 390,928 9,093 18,879 (9,786) 103,506 118,547 (15,041) City Manager 644,897 39,096 41,585 (2,489) 88,457 90,315 (1,858) General Administration 58,673 2,865 4,832 (1,967) 4,603 9,734 (5,131) Finance 646,442 42,721 50,533 (7,812) 92,035 110,207 (18,172) Legal 295,000 27,102 24,574 2,529 64,167 49,147 15,020 Information Technology 1,362,876 71,925 97,695 (25,770) 185,397 243,111 (57,713) Human Resources 349,281 25,455 26,676 (1,221) 52,122 53,189 (1,067) Risk Management 266,706 537 1,083 (546) 139,471 155,682 (16,211) General Government Buildings 259,502 15,993 19,950 (3,957) 27,084 39,901 (12,817) Communications 292,875 7,364 21,367 (14,003) 29,474 52,261 (22,787) Community Outreach & Engagement 164,367 10,002 12,437 (2,435) 20,760 28,668 (7,909) Municipal Court 470,202 34,468 35,665 (1,198) 68,790 70,193 (1,404) Police 5,629,833 390,092 444,709 (54,617) 928,384 1,031,687 (103,303) Fire 7,722,910 532,281 580,060 (47,778) 1,434,722 1,558,721 (123,998) Public Works 2,979,237 156,743 189,774 (33,031) 337,125 401,014 (63,889) Parks& Recreation (Active) 1,518,414 371,197 85,191 286,006 423,551 402,715 20,836 Passive Parks/Greenspaoe 137,789 14,328 11,103 3,224 20,454 22,706 (2,252) Community Development 1,701,891 104,765 131,618 (26,853) 192,990 242,806 (49,817) Economic Development 179,655 10,389 11,057 (668) 27,355 31,672 (4,317) Debt Service 1,177,201 - 1,076,257 (1,076,257) 630,000 1,076,257 (446,257) Operating Transfers to Other Funds 4,894,518 407,877 407,877 - 815,753 815,753 Operating Reserve 264,448 Total expenditures 31,603,756 2,292,215 1 3,308,626 (1,016,613) 5,715,090 6,840,836 (925,746) Net Income! Loss 1,616,742 5333,126 1 5,683,385 City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes In Fund Balances - Budget and Actual For the Period Ended November 30, 2019 Original Variance with Budgeted Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) REVENUES Crabapple Fest Vendor Fee Rock for Rescues Vendor Fee Summer Event Vendor Fee Interest Revenues Crabapple Fest Sponsor Earth Day Sponsor Summer Event Sponsor Private Entity Contributions Gas South Partnership Total revenues EXPENDITURES Current: Special Events Total Expenditures OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund Total other financing sources and uses Net change in fund balances g - $ - $ 1,100 $ 1,100 1 3 3 15,000 - 7,500 (7,500) 2,000 - (2,000) - 91 91 91 $ 17,000 $ 92 $ 8,694 $ (8,306) $ 120,688 $ 12,077 $ 41,567 $ 79,121 $ 120,688 $ 12,077 $ 41,567 $ 79,121 80,000 $ 6,935 6,935 (73,065) $ 80,000 $ 6,935 $ 6,935 $ (73,065) $ (23,688) $ (25,937) City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2019 REVENUES Cash Confiscations/State Funds Cash Confiscations/Fed Funds Interest Revenues/State Funds Interest Revenues/Federal Funds Realized Gain on Investments/State Funds Proceeds of Sale of Assets Total revenues EXPENDITURES Current: Police Total Expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Total other financing sources and uses Net change in fund balances Original Variance with Budgeted Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) $ $ $ $ 3 6 6 $ $ 3 $ 6 $ 6 $ 6,716 S - $ 13,433 $ (6,717) S 6,716 $ - $ 13,433 $ (6,717) $ $ $ $ $ (6,716) $ (13,427) City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes In Fund Balances - Budget and Actual For the Period Ended November 30, 2019 REVENUES Wireless 911 Fees Total revenues EXPENDITURES Current: Public Safety Total Expenditures OTHER FINANCING SOURCES (USES) Unallocated Transfers out to Capital Projects Net change in fund balances Original Variance with Budgeted Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) $ 980,000 $ $ - $ (980,000) S 980,000 $ - $ - $ (980,000) $ 980,000 $ - $ - $ 980,000 $ 980,000 $ - $ - $ 980,000 City of Milton HotellMotel Tax Fund Statement of Revenues, Expenditures, and Changes In Fund Balances - Budget and.Actual For the Period Ended November 30, 2019 Original Variance with Budgeted Current Period Year -to -Data Final Budget - Amounts Actuals Actuals Positive (Negative) REVENUES Taxes Hotel/Motel Taxes $ 80,000 $ 6,935 $ 6,935 $ (73,065) Total revenues $ 80,000 $ 6,935 $ 6,935 $ (73,065) OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund $ 80,000 $ 6,935 $ 6,935 $ (73,065) Total other financing sources and uses $ 80,000 $ 6,935 $ 6,935 $ (73,065) Net change in fund balances $ - $ - City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes In Fund Balances - Budget and Actual For the Period Ended November 30, 2019 REVENUES Charges for Service Infrastructure Maintenance Fee Infrastructure Maint Penalty & Interest Tree Recompense Landfill Hast Fees Interest Revenue Total revenues EXPENDITURES Capital Outlay City Council General Admin Finance Information Services General Govt Bldg Police Fire Public Works Parks & Recreation Passive ParkslGreenspace Community Development Total Capital Outlay Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Transfer out to General Fund Contingencies Total other financing sources and uses Net change in fund balances Original Year -to -Date Variance with Budgeted Current Period Year -to -Date Actuals+ Final Budget - Amounts Actuate Actuals Encumbrances Positive (Negative) $ 110,000 $ - $ - $ - $ (110,000) - 100 371 371 371 48,000 - - - (48,000) 87 175 175 175 $ 158,000 $ 187 $ 546 $ 546 $ (157,454) 13,762 - - - 13,762 162,315 - - - 162,315 383,944 - - - 383,944 46,266 - - 46,266 226,857 - - 265,132 (38,275) 1,049,610 - 1,127,891 1,158,138 691,472 5,698,404 48,646 30,029 337,430 5,360,974 3,287,597 1,641 16,763 21,655 3,265,941 973,188 - - - 973,188 659,626 4,657 4,657 259,436 400,190 $ 13,301,568 $ 54,944 $ 1,179,339 $ 2,041,791 $ 11,259,777 $ (13,143,568) $ (64,757) $ (1,178,793) $ (2,041,245) $ (11,417,231) $ 4,894,518 $ 407,877 $ 815,753 $ 815,753 $ (4,078,765) (83,093) (6,924) (13,849) (13,849) 69,244 (147,450) 147,450 $ 4,663,975 $ 400,952 $ 801,904 $ 801,904 $ (3,862,071) $ (8,479,593) $ (376,889) $ (1,239,341) City of Milton Greenspace Bond Fund Statement of Revenues, Expenditures, and Changes In Fund Balances - Budget and Actual For the Period Ended November 30, 2019 REVENUES Real Property Tax -Current Year Real Property Tax -Prior Year Public Utility Tax -Current Year Personal Property Tax -Current Year Personal Property Tax -Prior Year Motor Vehicle Tax Penalties 8 Interest- Real Property Penalties & Interest- Personal Property Interest Revenue (Regions) Interest Revenue (SunTrust) Total revenues EXPENDITURES Capital Outlay Passive Parks/Greenspace Bond Principal Bond Interest Total Capital Outlay Excess of revenues over expenditures Net change in fund balances Original Year -to -Date Variance with Budgeted Current Period Year -to -Date Actuals+ Final Budget - Amounts Actuals Actuals Encumbrances Positive (Negative) $ 1,683,096 $ 892,958 $ 1,401,161 $ 1,401,161 $ (281,935) - 561 1,152 1,152 1,152 13,220 - - - (13,220) 25,090 11,186 12,775 12,775 (12,315) - 15 17 17 17 5,689 681 681 681 (5,008) - 301 631 631 631 - 148 152 152 152 200,000 11,282 11,282 11,282 (188,718) 26 28 28 28 $ 1,927,095 $ 917,157 $ 1,427,879 $ 1,427,879 $ (499,216) $ 7,637,331 $ 1,233,588 $ 1,258,588 $ 1,262,800 S 6,374,531 855,000 - - 855,000 858,875 429,438 429,438 429,438 $ 9,351,206 $ 1,233,588 $ 1,688,026 $ 1,692,237 $ 7,663,180 $ (7,424,111) $ (316,431) $ (260,146) $ (264,358) $ 7,163,964 S (7,424,111) $ (260,146) S (264,358) 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 November 30, 2019 REVENUES Transportation Local Option Sales Tax Interest Revenues Realized Gain or Loss (GA Fund 1) Total revenues EXPENDITURES Capital Outlay Public Works Total Capital Outlay Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Total other financing sources and uses Net change in fund balances Original Budgeted Current Period Year -to -Date Amounts Actuals Actuals $ 6,300,000 $ 554,875 - 62 200,000 17,029 $ 6,500,000 $ 571,965 $ 17,181,402 $ 317,194 $ 17,181,402 $ 317,194 $ (10,681,402) $ 254,771 $ (10,681,402) $ 554,875 125 36,657 $ 591,656 $ 320,917 $ 320,917 $ 270,739 S $ S 270,739 Year -to -Date Actuals + Encumbrances $ 554,875 125 36,657 $ 591,656 $ 2,227,380 $ 2,227,380 S (1,635,724) $ S S (1,635,724) Variance with Final Budget - Positive (Negative) (5,745,125) 125 (163,344) $ (5,908,344) 14,954,021 $ 14,954,021 $ 9,045,677 S - S City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2019 REVENUES Intergovernmental Revenues Recreation Trail Program Land & Water Conservation Grant LMIG Funds Trail Connection to Big Creek Greenway Interest Revenues Contributions & Donations Total revenues EXPENDITURES Capital Outlay Public Works Parks & Recreation Community Development Total Capital Outlay Excess of revenues over expenditures 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 Original Budgeted Current Period Year -to -Date Amounts Actuals Actuals Year -to -Date Variance with Actuals+ Final Budget - Encumbrances Positive (Negative) 405,528 - - - (405,528) 400,000 - - - (400,000) - 22 48 48 48 $ 805,528 $ 22 $ 48 $ 48 $ (805,481) $ 1,383,489 $ - $ - $ - $ 1,383,489 631,443 - - 11,300 620,143 104,793 - - - 104,793 $ 2,119,725 $ - $ $ 11,300 $ 2,108,425 $ (1,314,197) $ 22 $ 48 $ (11,253) $ 1,302,945 $ (1,314,197) $ 48 $ (11,253) City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended November 30, 2019 REVENUES Admin Fund Law Enforcement Fund Fire Fund Road Fund Park Fund Interest Revenues/Admin Fund Interest Revenues/Law Enforcement Fund Interest Revenues/Fire Fund Interest Revenues/Road Fund Interest Revenues/Park Fund Total revenues EXPENDITURES General Government Buildings Fire Public Works Parks & Recreation Community Development Total Capital Outlay Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfer Out to General Fund/Admin Total other financing sources and uses Net change in fund balances Original Year -to -Date Variance with Budgeted Current Period Year -to -Date Actuals+ Final Budget - Amounts Actuals Actuals Encumbrances Positive (Negative) $ 30,000 $ 2,950 $ 7,017 $ 7,017 $ (22,983) 13,000 1,657 3,365 3,365 (9,635) 72,500 9,498 19,282 19,282 (53,218) 110,000 12,588 24,799 24,799 (85,201) 650,000 74,581 186,453 186,453 (463,547) 2 5 5 5 1 3 3 3 8 15 15 15 11 19 19 19 - 63 138 138 138 $ 875,500 $ 101,360 $ 241,095 $ 241,095 $ (634,405) $ 73,437 $ - $ - $ - $ 73,437 319,372 - - - 319,372 266,709 - - 152,967 113,742 3,063,327 1,244 1,244 1,244 3,062,083 59,195 - - - 59,195 $ 3,782,040 $ 1,244 $ 1,244 $ 154,211 $ 3,627,829 $ (2,906,540) $ 100,115 $ 239,851 $ 86,884 $ 2,993,424 $ (2,906,540) $ 239,851 $ 86,884 City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes In Fund Balances - Budget and Actual For the Period Ended November 30, 2019 Original Year -to -Date Budgeted Current Period Year -to -Date Actuals+ Amounts Actuals Actuals Encumbrances REVENUES Intergovernmental Revenues Interest Revenues Contributions & Donations Total revenues EXPENDITURES Capital Outlay General Government Buildings Fire Fiscal Agent's Fees Issuance Costs Bond Principal Total Capital Outlay Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Transfers out to General Fund Revenue Bond Proceeds Total other financing sources and uses Net change in fund balances Variance with Final Budget - Positive (Negative) - 1,786 1,786 1,786 1,786 $ - $ 1,786 $ 1,786 $ 1,786 $ 1,786 $ 13,853,347 $ 921,851 $ 817,135 $ 12,460,501 $ 1,392,846 3,706,563 - - - 3,706,563 - - 114,971 114,971 (114,971) - - 387,312 387,312 (387,312) - - 7,881,627 7,881,627 (7,881,627) $ 17,559,910 $ 921,851 $ 9,201,044 $ 20,844,411 $ (3,284,500) $ (17,559,910) $ (920,065) $ (9,199,258) S (20,842,625) $ (3,282,714) - - 27,493,663 27,493,663 27,493,663 $ - $ - $ 27,493,663 $ 27,493,663 $ 27,493,663 $ (17,559,910) $ 18,294,405 $ 6,651,039 . City of Milton Investment Portfolio Month Ending November 30, 2019 Amount Percent Yield Money Market - Quantum Bank 5,345,423 19% 1.95% GA Fund 1 10,401,565 37% 1.69% GA Fund 1 (TSPLOST) 12,276,337 44% 1.69% Grand Total Investment Portfolio Interest earned Budgeted interest Variance over/(under) 28,023,324 100% General Fund Current Month YTD 22,894 47,354 25,000 50,000 (2,106) (2,646) TSPLOST Fund Current Month YTD 17,029 36,657 16,667 33,333 362 3,323 MILTON) ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 Steven Krokoff, City Manager Approval of Financial Statements & Investment Report for Period 3 - December 2019. Wednesday, February 19, 2020 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 (x NO CITY ATTORNEY REVIEW REQUIRED: () YES (040 APPROVAL BY CITY ATTORNEY. () APPROVED (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 MI LTofq* ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted on February 14, 2020 for the Febr6ary 19, 2020 Regular Council Meeting Agenda Item: Financial Statements & Investment Report for Period 3- December 2019 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 6.09% over what is anticipated for the third 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 $7,851,360 and are 11.86% 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 $13,301,568, capital expenditures -to -date total $1,241,482. Please note that the financial statements for capital related funds include current encumbrances. This will provide a clear picture of future commitments of resources prior to an actual payment being made. 2006 Heritage Walk Milton, GA 30004 P: 678.242.25001 F: 678.242.2499 infoOcityofmiltongo.us l www.cityofmiltonga.us Lf 119 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending December 2019 Current Month - - Year -to -Date 'Revenues: 7 Annual Budget ActualBudgetetl Budgeted Variance Actual Budgeted Variance over/ under overt under Property Tax 12,025,225 1,853,701 1,829,140 24,562. 11,739,619 11,312,121 427,499 Motor Vehicle Tax 452,100 80,950 37,342 43,607 190,004 74,684 115,320 Intangible Tax 215,000 22,871 17,910 4,962 52,317 35,819 16,498 Real Estate Transfer Tax 100,000 5,957 8,330 (2,373) 14,209 16,660 (2,451) Franchise Fees 2,105,800 89,626 - 89,626 139,426 49,800 89,626 Local Option Sales Tax 9,400,000 809,324 783,020 26,304 1,647,163 1,566,040 81,123 Alcohol Beverage Excise Tax 310,000 29,325 25,730 3,595 61,273 51,460 9,813 Business & Occupation Tax 800,000 7,195 40,000 (32,805) 9,824 40,000 (30,176) Insurance Premium Tax 2,500,000 - - - - - - Financial Institution Tax 45,000 - - - - - - Penalties & Interest 22,200 12,632 2,295 10,337 14,025 5,125 8,900 Alcohol Beverage Licenses 170,000 20,350 14,161 6,189 153,517 42,483 111,034 Other Non -Business Permits/Licenses 33,100 3,500 2,632 868 10,161 7,897 2,264 Zoning & Land Disturbance Permits 58,350 9,965 4,861 5,104 14,535 14,582 (47) Building Permits 350,000 15,764 28,000 (12,236) 57,971 91,000 (33,029) Intergovernmental Revenue - - - - - - - Other Charges for Service 517,420 58,182 32,727 25,454 137,881 125,822 12,059 Municipal Court Fines 380,000 30,109 31,654 (1,545) 78,600 94,962 (16,363) Interest Earnings 301,000 24,431 25,073 (643) 71,910 75,220 (3,309) Contributions& Donations - 5,150 - 5,150 19,003 - 19,003 Other Revenue 108,726 5,726 8,499 (2,772) 37,045 25,796 11,249 Other Financin Sources 93,093 6,924 9,424(2,500)135,373 - 1,223,630 23,273 12,100 Total Revenues 29,987,014 3,091,681 2,900,798 190,BBJ 14,483,857 13,652,744 631,113 Current Month -^ Year-to-Dats Operating Expenditures ','Annual Budget Actual Budgeted Variance Actual Budgeted Variance overl under over/under Mayor and Council 196,111 8,276 9,664 (1,388) 37,168 46,214 (9,046) City Clerk 390,928 9,239 18,896 (9,656) 112,745 137,442 (24,697) City Manager 644,897 46,692 47,538 (846) 135,149 137,853 (2,704) General Administration 58,673 1,745 4,832 (3,088) 6,348 14,567 (8,219) Finance 646,442 77,816 71,060 6,757 169,851 181,266 (11,415) Legal 295,000 30,130 24,574 5,556 94,296 73,721 20,576 Irdormation Technology 1,362,876 103,865 95,917 7,948 294,277 339,928 (45,651) Human Resources 349,281 22,717 28,232 (5,515) 74,839 81,626 (6,787) Risk Management 266,706 - 1,083 (1,083) 139,471 156,765 (17,294) General Government Buildings 259,502 23,609 19,950 3,659 50,693 59,851 (9,158) Communications 292,875 7,053 21,387 (14,334) 46,526 73,648 (27,122) Community Outreach 8Engagement 164,367 11,270 12,437 (1,166) 32,030 41,105 (9,075) Municipal Court 470,202 34,008 34,149 (141) 102,798 104,343 (1,545) Police 5,629,833 377,810 404,473 (26,663) 1,306,085 1,438,985 (132,900) Fire 7,722,910 554,862 568,695 (13,833) 1,989,584 2,132,839 (143,255) Public Works 2,979,237 178,076 206,520 (28,444) 515,201 607,539 (92,339) Parks& Recreation (Active) 1,518,414' 89,914 94,390 (4,476) 513,690 525,782 (12,091) Passive Parks/Greenspace 137,789 11,146 11,103 43 31,374 33,809 (2,435) Community Development 1,701,891 116.635 125,923 (9,288) 309,625 376,202 (66,577) Economic Development 179,655 8,626 12,649 (4,024) 35,981 44,322 (8,341) Debt Service 1,177,201 - - - 630,000 1,076,257 (446,257) Operating Transfers to Other Funds 4,894,518 407,877 407,877 - 1,223,630 1,223,630 - Operabng Reserve 264,448 Total expenditures 31,603,766 2,121,365 2,221,349 (99,985) 7,851,360 8,907,692 (1,056,332) Net Income/ Loss (1.61A 7421 970,316 6,632,497 City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes In Fund Balances - Budget and Actual For the Period ended December 31, 2019 REVENUES Crabapple Fest Vendor Fee Rock for Rescues Vendor Fee Summer Event Vendor Fee Interest Revenues Crabapple Fest Sponsor Earth Day Sponsor Summer Event Sponsor Private Entity Contributions Gas South Partnership Total revenues EXPENDITURES Current: Special Events Total Expenditures Original Variance with Budgeted Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) $ - $ - $ 1,100 $ 1,100 2 6 6 15,000 - 7,500 (7,500) 2,000 - - (2,000) - 91 182 182 $ 17,000 $ 93 $ 8,788 $ (8,212) $ 120,688 $ 3,920 $ 47,068 $ 73,620 $ 120,688 $ 3,920 $ 47,068 $ 73,620 OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 80,000 $ 5,459 12,394 (67,606) Total other financing sources and uses $ 80,000 $ 5,459 $ 12,394 $ (67,606) Net change in fund balances $ (23,688) �$ (25,887) City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2019 Original Variance with Budgeted Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) REVENUES Cash Confiscations/State Funds Cash Confiscations/Fed Funds Interest Revenues/State Funds Interest Revenues/Federal Funds Realized Gain on Investments/State Funds Proceeds of Sale of Assets Total revenues EXPENDITURES Current: Police Total Expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Total other financing sources and uses Net change in fund balances 3 9 9 3 $ $ 9 9 $ $ $ '6,716 $ - $ 13,433 $ (6,717) $ 6,716 $ - $ 13,433 $ (6,717) $ (6,716) $ (13,424) City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes In Fund Balances - Budget and Actual For the Period Ended December 31, 2019 REVENUES Wireless 911 Fees Total revenues EXPENDITURES Current: Public Safety Total Expenditures OTHER FINANCING SOURCES (USES) Unallocated Transfers out to Capital Projects Net change in fund balances Original Variance with Budgeted Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) $ 980,000 $ 90,792 $ 90,792 $ (889,208) $ 980,000 $ 90,792 $ 90,792 $ (889,208) $ 980,000 $ 90,792 $ 90,792 $ 889,208 $ 980,000 $ 90,792 $ 90,792 $ 889,208 City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes In Fund Balances - Budget and Actual For the Period Ended December 31, 2019 Original Variance with Budgeted Current Period Year -to -Date Final Budget - Amounts Actuals Actuals Positive (Negative) REVENUES Taxes Hotel/Motel Taxes $ 80,000 $ 5,459 $ 12,394 $ (67,606) Total revenues $ 80,000 $ 5,459 $ 12,394 $ (67,606) OTHER FINANCING SOURCES (USES) Transfers out to Special Events Fund $ 80,000 $ 5,459 $ 12,394 $ (67,606) Total other financing sources and uses $ 80,000 $ 5,459 $ 12,394 $ (67,606) Net change in fund balances $ - $ - City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2019 Original Budgeted Current Period Amounts Actuals REVENUES Charges for Service Year -to -Date Variance with Year -to -Date Actuals+ Final Budget - Actuate Encumbrances Positive (Negative) Infrastructure Maintenance Fee $ 110,000 $ 740 $ 740 $ 740 $ (109,260) Infrastructure Maint Penalty & Interest - 85 456 456 456 Tree Recompense - - - - - Landfll Host Fees 48,000 - - (48,000) Interest Revenue - 153 328 328 328 Total revenues $ 158,000 $ 978 $ 1,525 $ 1,525 $ (156,476) EXPENDITURES Capital Outlay City Council $ - $ - $ - S - $ - Geneml Admin 13,782 - - - 13,762 Finance 162,315 - - - 162,315 Information Services 383,944 - - - 383,944 General Govt Bldg 46,266 - - - 46,266 Police 226,857 - - 265,132 (38,275) Fire 1,849,610 - 1,127,891 1,158,138 691,472 Public Works 5,698,404 45,520 75,549 366,786 5,331,617 Parks & Recreation 3,287,597 991 17,754 72,646 3,214,950 Passive ParkslGreenspace 973,188 - - - 973,188 Community Development 659,626 3,195 20,288 259,436 400,190 Total Capital Outlay $ 13,301,568 $ 49,706 $ 1,241,482 $ 2,122,139 $ 11,179,429 Excess of revenues over expenditures $ (13,143,568) $ (48,728) $ (1,239,958) $ (2,120,614) $ (11,335,905) OTHER FINANCING SOURCES (USES) Transfers in from General Fund $ 4,894,518 $ 407,877 $ 1,223,630 $ 1,223,630 $ (3,670,889) Transfer out to General Fund (83,093) (6,924) (20,773) (20,773) 62,320 Contingencies (147,450) 147,450 Total other financing sources and uses $ 4,663,975 $ 400,952 $ 1,202,856 $ 1,202,856 $ (3,461,119) Net change in fund balances S (8,479,593) $ (37,101) $ (917,758) City of Milton Greenspace Bond Fund Statement of. Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2019 REVENUES Real Property Tax -Current Year Real Property Tax -Prior Year Public Utility Tax -Current Year Personal Property Tax -Current Year Personal Property Tax -Prior Year Motor Vehicle Tax Penalties & Interest- Real Property Penalties & Interest- Personal Property Interest Revenue (Regions) Interest Revenue (SunTrust) Total revenues EXPENDITURES Capital Outlay Passive Parks/Greenspace Bond Principal Bond Interest Total Capital Outlay Excess of revenues over expenditures Net change in fund balances Original Year -to -Date Variance with Budgeted Current Period Year -to -Date Actuals+ Final Budget - Amounts Actuals Actuals Encumbrances Positive (Negative) $ 1,683,096 $ 241,070 $ 1,642,231 $ 1;642,231 $ (40,865) - 5,666 6,818 6,818 6,818 13,220 - - - (13,220) 25,090 11,883 24,658 24,658 (432) - 7 24 24 24 5,689 442 1,123 1,123 (4,566) - 824 1,454 1,454 1,454 - 4 156 156 156 200,000 9,345 20,627 20,627 (179,373) 60 88 88 88 $ 1,927,095 $ 269,301 $ 1,697,180 $ 1,697,180 $ (229,915) $ 7,637,331 $ 1,596 $ 1,260,184 $ 1,264,395 $ 6,372,935 855,000 - - - 855,000 858,875 429,438 429,438 429,438 $ 9,351,206 $ 1,596 $ 1,689,621 $ 1,693,833 $ 7,661,584 $ (7,424,111) $ 267,705 $ 7,559 $ 3,347 $ 7,431,669 $ (7,424,111) $ 7,559 $ 3,347 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 December 31, 2019 REVENUES Transportation Local Option Sales Tax Interest Revenues Realized Gain or Loss (GA Fund 1). Total revenues EXPENDITURES Capital Outlay Public Works Total Capital Outlay Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Total other financing sources and uses Net change in fund balances Original Year -to -Date Variance with Budgeted Current Period Year -to -Date Actuals+ Final Budget - Amounts Actuals Actuals Encumbrances Positive (Negative) $ 6,300,000 $ 546,253 $ 1,101,128 $ 1,101,128 (5,198,872) - 81 206 206 206 200,000 16,939 53,595 53,595 (146,405) $ 6,500,000 $ 563,273 $ 1,154,929 $ 1,154,929 $ (5,345,071) $ 17,181,402 $ 408,543 $ 682,217 $ 2,183,029 14,998,373 $ 17,181,402 $ 408,543 $ 682,217 $ 2,183,029 $ 14,998,373 $ (10,681,402) $ 154,730 $ 472,712 $ (1,028,099) $ 9,653,302 $ (10,681,402) $ 472,712 $ (1,028,099) City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended December 31, 2019 REVENUES Intergovernmental Revenues Recreation Trail Program Land & Water Conservation Grant LMIG Funds Trail Connection to Big Creek Greenway Interest Revenues Contributions & Donations Total revenues EXPENDITURES Capital Outlay Public Works Parks & Recreation Community Development Total Capital Outlay Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Transfer Out to Capital Projects Fund Budgeted Fund Balance Total other financingsources and uses Net change in fund balances Original Year -to -Date Variance with Budgeted Current Period Year -to -Date Actuals+ Final Budget - Amounts Actuals Actuals Encumbrances Positive (Negative) 405,528 - - - (405,528) 400,000 - - - (400;000) - 36 83 83 83 $ 805,528 $ 36 $ 83 $ 83 $ (805,445) $ 1,383,489 $ - $ - $ - $ 1,383,489 631,443 4,015 4,015 11,300 620,143 104,793 - - - 104,793 $ 2,119,725 $ 4,015 $ 4,015 $ 11,300 $ 2,108,425 $ (1,314,197) $ (3,979) $ (3,932) $ (11,217) $ 1,302,980 $ (1,314,197) $ (3,932) $ (11,217) City of Milton Capital Projects Fund - Impact Fees Statement of Revenues, Expenditures, and Changes In Fund Balances - Budget and Actual For the Period Ended December 31, 2019 REVENUES Admin Fund Law Enforcement Fund Fire Fund Road Fund Park Fund Interest Revenues/Admin Fund Interest Revenues/Law Enforcement Fund Interest Revenues/Fire Fund Interest Revenues/Road Fund Interest Revenues/Park Fund Total revenues EXPENDITURES General Government Buildings Fire Public Works Parks & Recreation Community Development Total Capital Outlay Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfer Out to General Fund/Admin Total other financing sources and uses Net change in fund balances Original Year -to -Date Variance with Budgeted Current Period Year -to -Date Actuals+ Final Budget - Amounts Actuals Actuals Encumbrances Positive (Negative) $ 30,000 $ 2,034 $ 9,051 $ 9,051 $ (20,949) 13,000 854 4,219 4,219 (8,781) 72,500 4,892 24,174 24,174 (48,326) 110,000 6,105 30,904 30,904 (79,096) 650,000 55,936 242,389 242,389 .(407,611) 4 9 9 9 2 4 4 4 10 24 24 24 12 31 31 31 - 112 250 250 250 $ 875,500 $ 69,960 $ 311,055 $ 311,055 $ (564,445) $ 73,437 $ - $ - $ - $ 73,437 319,372 - - - 319,372 266,709 - - 152,967 113,742 3,063,327 2,336 3,581 3,581 3,059,747 59,195 - - - 59,195 $ 3,782,040 $ 2,336 $ 3,581 $ 156,548 $ 3,625,492 $ (2,906,540) $ 67,624 $ 307,474 $ 154,507 $ 3,061,047 $ (2,906,540) $ 307,474 $ 154,507 City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes In Fund Balances - Budget and Actual For the Period Ended December 31, 2019 Original Year -to -Date Variance with Budgeted Current Period Year -to -Date Actuals+ Final Budget - Amounts Actuals Actuals Encumbrances Positive (Negative) REVENUES Intergovernmental Revenues Interest Revenues Contributions & Donations Total revenues EXPENDITURES Capital Outlay General Government Buildings Fire Fiscal Agent's Fees Issuance Costs Bond Principal Total Capital Outlay Excess of revenues over expenditures OTHER FINANCING SOURCES (USES) Transfers in from General Fund Transfers out to General Fund Revenue Bond Proceeds Total otherfinancing sources and uses Net change in fund balances - 24,563 26,349 26,349 26,349 $ - $ 24,563 $ 26,349 $ 26,349 $ 26,349 $ 13,853,347 $ 777,398 $ 1,594,532 $ 12,460,501 $ 1,392,846 3,706,563 - - - 3,706,563 - - 114,971 114,971 (114,971) - - 387,312 387,312 (387,312) - - 7,881,627 7,881,627 (7,881,627) $ 17,559,910 $ 777,398 $ 9,978,442 $ 20,844,411 $ (3,284,500) $ (17,559,910) $ (752,835) $ (9,952,093) $ (20,818,062) $ (3,258,152) - 27,493,663 27,493,663 27,493,663 $ - $ $ 27,493,663 $ 27,493,663 $ 27,493,663 $ (17,559,910) $ 17,541,570 $ 6,675,601 City of Milton Investment Portfolio Month Ending December 31, 2019 Money Market - Quantum Bank 5,353,323 17% 1.75% GA Fund 1 14,418,053 45% 1.62% GA Fund 1 (TSPLOST) 12,293,276 38% 1.62% Grand Total Investment Portfolio Interest earned Budgeted interest Variance over/(under) 32,064,651 100% General Fund Current Month YTD 24,388 71,743 25,000 75,000 (612) (3,257) TSPLOST Fund Current Month YTD 16,939 53,595 16,667 50,000 272 3,595 TO: FROM: MILTON*t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 Steven Krokoff, City Manager V AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and CH2M Hill Engineers, Inc., a Subsidiary of Jacobs Engineering Group, Inc for an Acquisition Agent for the City of Milton Greenspace Bond Initiative. MEETING DATE: Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: PI APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (JXES () NO CITY ATTORNEY REVIEW REQUIRED: (.yYES () NO APPROVAL BY CITY ATTORNEY: VAPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0Ll1alU7d 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 NL-O 'k ESTd LISH ED 2006 To: Honorable Mayor and City Council Members From: Teresa Stickels, Conservation Project Manager Date: Submitted February 12, 2020 for the February 19, 2020 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and CH2M Hill Engineers, Inc., a Subsidiary of Jacobs Engineering Group, Inc for an Acquisition Agent for the City of Milton Greenspace Bond Initiative. Department Recommendation: Approval. Executive Summary: This is a contract for an agent to work on behalf of the City of Milton for the purpose of acquiring greenspace. Procurement Summary: Purchasing method used: Professional Services Account Number: 310-6210-541100001 Requisition Total: $ 50,000 Vendor DBA: Other quotes or bids submitted (vendor/$): N/A Financial Review: Bernadette Harvill, February 14, 2020 Legal Review: Sam VanVolkenburgh, January 21, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment: Professional Services Agreement 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoQcityofmiltonga.us I www.cityofmiltonga.us 0000 MI LTof It ESTABLISI IED X106 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 20 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City"), and CH2M Hill Engineers, Inc, a subsidiary of Jacobs Engineering Group, Inc, a Colorado corporation, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WY1L►M*1 MIA WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement: and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A"— RESERVED Exhibit "B" —RESERVED Exhibit "C" — Scope of Work Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit B. Project Description. The "Project" at issue in this Agreement is generally described as: Provision of professional services necessary to evaluate and purchase real property or interest(s) in real property as part of the City of Milton's Greenspace Bond initiative. C. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "C", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "C", the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. Consultant will perform the Work in a prompt and timely manner. The term of this Agreement ("Term") shall commence as of the Effective Date, and the Agreement shall terminate on December 31, 2020 (provided that certain obligations will survive termination/expiration of this Agreement). To the extent, if any, that the City's payment obligations continue beyond the calendar year in which this Agreement is executed, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on December 31 each calendar year of the Term, and further, that this Agreement shall automatically renew on January 1 of each subsequent calendar year absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current calendar year. Title to any supplies, materials, equipment, or other personal property (if any should transfer under this Agreement) shall remain in Consultant until fully paid for by City. II111&*1&I 041�y A. Change Order Defined. A "Change Order" means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. B. Reserved C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their P -A total effect does' not materially alter the terms of this Agreement or materially increase the Maximum Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. III. COMPENSATION AND METHOD OF PAYMENT A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections, and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $50,000.00 (the "Maximum Contract Price"), except as outlined in Section II(C) above. The compensation for Work performed shall be based upon an hourly rate, not to exceed $114.13 for calendar year 2020, plus costs as described below. C. Reimbursement for Costs. The Maximum Contract Price set forth in Section M(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project, and reimbursement for costs incurred shall be limited to Consultant's direct costs for items such as long distance telephone and telecommunications, facsimile transmission, normal postage and express mail, photocopying charges, and automobile mileage. Automobile mileage shall be no more than the current deductible rate set by the Internal Revenue Service. There will be no compensation for transportation (other than mileage reimbursement), lodging, or meals. IV. COVENANTS OF CONSULTANT A. Expertise of Consultant; Licenses. Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant's profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. C. City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore, City bears no responsibility for Consultant's Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Consultant's performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any information provided by City is erroneous, inconsistent, or otherwise problematic. Notwithstanding the above, Consultant shall not be responsible for errors or omission that have been incorporated in the Work by others not under Consultant's control. E. Consultant's Renresentative. Kevin Dye shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written 4 consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, employees, representatives, and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all third party claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable. This indemnity obligation shall only apply to the proportionate extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. To the extent allowable by Georgia law, the City shall be responsible for and shall indemnify, and hold harmless Consultant, its officers, employees, representatives, and agents, from and against any and all claims, demands, suits, costs (including reasonable legal costs), expenses, and liabilities by reason of personal injury, loss or damage, to the proportionate extent caused by the negligence or breach of duty of the City or any elected or appointed officials, officer, employee or volunteer of the City. In disputes between the City and Consultant, in no event shall either party, its subcontractors or their officers or employees be liable to the other party for any special, indirect or consequential damages, whether such liability arises in breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, provided, however, such limitation does not include (i) any liability for which Consultant is obligated to indemnify City based upon special, indirect or consequential damages suffered by any third parties; (ii) damages for bodily injury, death, or damage to real properly or tangible personal properly; and 5 (iii) damages caused by,the liable party's gross negligence or willful misconduct. H. Indeaendent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractofs, an employee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perform the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million, dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive 0 coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non -owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Professional Liability of at least $1,000,000 (one million dollars) limit for claims arising out of professional services and caused by Consultant's errors, omissions, or negligent acts. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Consultant must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has bean excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ N/A per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability, Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City's elected 7 and appointed officials, officers, boards, commissioners, employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties') shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability. insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers' Compensation Coverage. The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. 10 (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they meet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terms of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder's rate of no less than "A-" and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of'insurance and endorsements for each insurance policy are to be on a form utilized by Consultant's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide'proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. () Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (10) Progress Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. EmnlovmentofUnauthorized Aliens Prohibited —E-VerifyAffidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E - Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. 10 In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", which subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] [DESIGNATE/MARK APPROPRIATE CATEGORY] 500 or more employees. 100 or more employees. Fewer than 100 employees. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. IC. Records. Reports and Audits. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City's representative(s) for examination all Records. Consultant will permit City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for inspection at City's office. Further, Consultant shall permit City or City's representative(s) to observe and inspect any or all of Consultant's facilities and activities during normal hours of business for the purpose of evaluating Consultant's compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. L. Ethics Code: Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Tenn of this 12 Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or higher tier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. N. O. Meetings. Consultant is required to meet with City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Term of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant's Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant's option and expense, 13 a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. Other materials, statistical data derived from other clients and other client projects, software, methodology and proprietary work used or provided by the Consultant to the City not specifically created and delivered pursuant to the Work outlined in the Agreement shall not be owned by the City and may be protected by a copyright held by Consultant and the Consultant reserves all rights granted to it by any copyright. R Nondiscrimination. In accordance with Title VI of the Civil nights Act of 1964, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. § 12132, and all other provisions of Federal law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. S. 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, 14 past, present, or known prospective engagements, involvement in litigation or other dispute, client relationships, or other business or financial interest, and shall immediately disclose any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Consultant agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. V. COVENANTS OF CITY A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Teresa StickeIs shall be authorized to act on City's behalf with respect to the Work as City's designated representative on this Project; provided that any changes to the Work or the terms of this Agreement must be approved as provided in Section II above. 1/ : U�IR o_ _ e A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least thirty (30) calendar days in advance of the termination date. B. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of a delinquent payment and an opportunity to cure. In the event of Consultant's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least thirty (30) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that thirty (30) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Upon Termination. Upon termination, City shall provide for payment to Consultant for services rendered,and, where authorized, expenses incurred prior to the termination date. E. Conversion to Termination for Convenience. If City terminates this Agreement 15 for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Requirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process, in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. VII. MISCELLANEOUS A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or other document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. 12 E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Aar -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City's Representative (named above) for City and Consultant's Representative (named above) for Consultant. (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date whenmailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: Procurement Manager City of Milton, Georgia 2006 Heritage Walk Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: CH2M Hill Engineers, Inc., a subsidiary of Jacobs Engineering Group, Inc Attn: Michael Carlin 1999 Bryan St Dallas, TX 75201 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City's right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. 17 I. No 'Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. I Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K No Personal Liability. Nothing herein shall be construed as creating any individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers, or directors to any personal contractual liability, except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counterparts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Maieure. Neither City nor Consultant shall be liable for its respective non - negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes 18 by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. [SIGNATURES ON FOLLOWING PAGE] 19 Attest/Witness: Signature: _ Print Name: Title: CONSULTANT: CH2M Hill, Engineers, Inc., a subsidiary of Jacobs Engineering Group, Inc. Signature.,?/Jj Print Nam Title: President/Vice President (Corporation) [CORPORATE SEAL] (required if corporation) (Assistant) Corporate Secretary (required if corporation) CITY OF MILTON, GEORGIA By: Steven Krokoff, City Manager Off RATIFIED BY COUNCIL By: Joe Lockwood, Mayor [CITY SEAL] Attest: Signature: Print Name: _ Title: City Clerk Approved as to form: City Attorney EXHIBIT "A" i7�Ti1 �i%�)U EXIIIBIT `B" RESERVED EXHIBIT "C" Scope of Work— Greenspace Land Acquisition The Consultant shall provide professional services necessary to evaluate and purchase real property or interest(s) in real property as part of the City of Milton's Greenspace Bond initiative. The services to be performed included, but are not Iimited to, the following: I. Valuation Activity a. Use GAMLS to obtain property reports on prospective properties, b. Coordinate with City GIS Department to obtain property exhibits with area calculations, c. Utilize appraiser's databook to determine cost estimates based upon property rights to be acquired, performing cost analyses and/or appraisals as required, d. Manage any contractors required to complete all stages of valuation of the property, The Consultant agrees that all appraisal reports, cost estimates and any other data prepared under the terms of this agreement shall become the property of the City. The City shall have the right to use this material without restriction or limitation and without compensation to the Consultant II. Negotiation Activity The Consultant should make all offers to purchase the property rights along with any other required payments to owners, or other parties having an approved monetary interest, within parameters set by the City Council. A. The Consultant will contact all owners in person, when possible, at a time and place convenient to the owner. There shall be a sufficient number of personal contacts with each owner, unless it is clearly apparent that continued negotiations would be unproductive. B. The Consultant will NOT provide owners with appraisals under any circumstances, unless City of Milton gives permission. C. The Consultant will review and confirm with the owner the accuracy of all information stipulated in the Preliminary Title Report, if available D. If a settlement is reached at the offer amount, the consultant will submit an option to the City of Milton for approval. If a counter offer that exceeds the maximum amount authorized by the City Council is submitted by the property owner, Consultant will provide the necessary written justification for all approved settlements to the City and will not act until receiving further direction of the Council. Under no circumstances will the Consultant have the authority to accept a settlement on behalf of the City, either monetarily or contractually E. Once an approved option is obtained, the consultant must submit an approved option along with all required supporting documentation to the City F. The Consultant shall prepare and maintain a legible negotiation record on each property interest on which negotiation was attempted. The record should include the following: a. Dates of negotiation or contract b. Place of contact c. Persons present d. Offers made e. Counter-offers and recommendations regarding those counter-offers f. If applicable, reasons why settlements could not be reached g. Feedback and concerns from the property owner h. If applicable, description of title problems and how they were solved i. Signature of the negotiator for settled interests j. Any other data pertinent to the negotiations k. All related correspondence and reports in connection with and incidental to the parcel III. Individual Parcel Files The Consultant shall prepare and maintain individual parcel files, which includes the following: a. Title reports b. Appraisal reports/approved cost estimates c. Copies of all negotiation records d. All required forms executed by property owners e. Copies of all correspondence Files shall be available at any time for inspection by the City. All such information is the property of the City and shall be immediately delivered to the City upon request. Any information and/or knowledge gained from the appraisals, the acquisition and relocation on this project shall be kept confidential and not publicly disclosed without prior written authorization by the City. IV. Deliverables due to the City include: a. Databook/appraisals b. Individual acquisition parcel files c. GIS exhibits V. Items to be provided by the City a. Title certificates b. GIS exhibits c. Phase I Environmental Study and Phase II, if required d. Deed/Easement template to the used for closing e. Survey VI. All billable hours shall be broken down by applicable property. STATE OF _ COUNTY OF EXIIIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § I3-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization CH2M Hill Engineers, Inc., a subsidiary of Jacobs Engineering Group, Inc. Name of Contractor Greenspace Land Acquisition Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 20 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: STATE OF COUNTY OF EXIMrr "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with CH2M Hill Engineers, Inc., a subsidiary of Jacobs Engineering Group, Inc. (name of contractor) on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub - subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt,a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: I hereby declare under penalty of perjury that the foregoing is true and correct. Federal Work Authorization User Identification Number Executed on 20 in (city), _(state). Date of Authorization I Name of Subcontractor I Greensoace'Land Acquisition Services Name of Project City of Milton, Georgia Name of Public Employer Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: TO: FROM: MILTON*t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 Steven Krokoff, City Manager 0 AGENDA ITEM: Approval of a Banking Services Agreement between the City of Milton and Truist Bank, successor by merger to SunTrust Bank MEETING DATE: Monday, February 3, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,J,,<PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( ,I ES () NO CITY ATTORNEY REVIEW REQUIRED: ( VES () NO APPROVAL BY CITY ATTORNEY: (j XPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0 2 )141 ZO-ko 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 infoQcityofmiltonga.us I www.cityofmiltonga.us MILT N't SGBLISHED 2W6 To: Honorable Mayor and City Council Members From: Bernadette Harvill, Finance Director Date: Submitted February 14, 2020 for the February 19, 2020 Regular City Council Meeting Agenda Item: Approval of a Banking Services Agreement between the City of Milton and Truist Bank, successor by merger to SunTrust Bank Department Recommendation: Approval Executive Summary: The current banking services agreement with SunTrust Bank has expired, requiring the City to issue a Request for Proposal (RFP) to fulfill these services. Responses were received from four financial institutions and were evaluated by a four -person committee. The first phase of the proposal evaluation consisted of reviewing the written responses and scoring them based on a set of criteria described in the RFP. The pricing proposals for the top two scoring institutions were then taken into consideration. Truist Bank stood out as the institution that will best meet our needs both in services offered and in pricing proposed. The City has opted to accept option 1, a managed interest rate fee structure, as outlined in Exhibit B. This option will allow the City to forego banking related fees while being able to utilize other investing tools to maximize returns on idle funds. Procurement Summary: Purchasing method used: RFP Financial Review: Honor Motes, February 14, 2020 Legal Review: Sam VanVolkenburgh, February 7, 2020 Concurrent Review: Steve Krokoff Attachment: Banking Services Agreement 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofrriBonga.us I www.cityofmltonga.us Banking Services Agreement is located in a separate link next to Packet – Agenda. MILTON'IP ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 Steven Krokoff, City Manager Ste' Approval of a Contract between the City of Milton and Crabapple Green, LLC for "Meet Me in Milton" 2020 Dates. Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41PPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (kYES () NO CITY ATTORNEY REVIEW REQUIRED: (,'SES () NO APPROVAL BY CITY ATTORNEY: (�PPROVED NOT APPROVED PLACED ON AGENDA FOR: u-L17912c+2u 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 MILTON4t ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on January 29, 2020 for Consent Agenda on the February 19, 2020 Regular City Council Meeting Agenda Item: Approval of a Contract between the City of Milton and Crabapple Green, LLC for "Meet Me in Milton" 2020 Dates Department Recommendation: Approval. Executive Summary: In partnership with Market District, Crabapple Market, and JLM Management, we will have "Meet Me In Milton" activations on The Green the third Saturday of the month April - October 2020. The event will formally be from 4pm to 8pm and range from car shows to corn hole tournaments. There is no fee associated with the rental agreement. Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis - January 29, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): 2020 MMiM Crabapple Green Use Agreement 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 into@cityofmiltonga.us I www.cityofmiltonga.us THE GREEN TEMPORARY LICENSE AGREEMENT This TEMPORARY LICENSE AGREEMENT ("License") made this day of 20� by and between CRABAPPLE GREEN, LLC ("Licensor"), and THE CITY OF MILTON ("Licensee"). WHEREAS, Licensor is the owner of the triangular lawn area bordered by Heritage Walk to the north, Lecoma Trace to the east and Wishart Walk to the south, which is more particularly depicted on Exhibit "A" and commonly known as The Green (the "Property"); and WHEREAS, Licensee desires to enter upon the Property and use the "License Area" (as hereinafter defined) on the Property, and Licensor is willing to grant Licensee a temporary and limited license to use said License Area, upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the covenants hereinafter set forth, and other good and valuable consideration from each of the parties to the other, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee covenant and agree as follows: ' 1. LICENSE AREA: Licensor hereby grants to Licensee, and Licensee hereby accepts, a revocable (upon Licensee default), non -transferable and exclusive limited license to use the License Area, subject to the terms, conditions, covenants and agreements hereinafter set forth. Licensor's grant hereunder shall in no way operate to confer upon Licensee any other interest, status, or estate of any kind other than a limited license. The "License Area" shall mean the area reflected on Exhibit "A". Licensor shall not be obligated to provide Licensee any other services in connection with Licensee's use of the License Area, including enforcing the exclusivity of this License. Licensor agrees to not enter into an agreement with any other party allowing the use of the License Area during each of the License terms shown in Section 2. 2. LICENSES CREATED: This Agreement creates multiple short-term licenses, each of which shall commence at 12 P.M. on THE DAY BEFORE THE EVENT (specified below) and shall terminate at 12 P.M. on THE DAY FOLLOWING THE EVENT. Upon the expiration or sooner termination of each short-term license, Licensee covenants and agrees to vacate and surrender the License Area to Licensor in the same condition and repair as exists at the commencement of the license term. a. SATURDAY, APRIL 18 b. SATURDAY. MAY 16 c. SATURDAY, JUNE 20 d. SATURDAY, JULY 18 e. SATURDAY, AUGUST 15 f. SATURDAY, SEPTEMBER TBD g. SATURDAY, OCTOBER TBD To the maximum extent permitted by law, Licensee and Licensor hereby authorize their representatives (the City of Milton Economic Development Manager for Licensee, and Ruth Slaten for Licensor) to coordinate and to bind the parties to more specific dates for events designated as "TBD" above. The parties agree and acknowledge that written confirmation of the date between the representatives (including by email) shall be sufficient to specify these missing terms. 3. CONDITION OF LICENSE AREA: Licensee hereby accepts the License Area in its "as is" condition, with all faults, and acknowledges that Licensor shall not be required to perform any additions, alterations, or improvements in or to the License Area. Licensee shall keep the License Area clean and free from debris, garbage, refuse and trash at all times. Licensee acknowledges that Licensor has made no representations or warranties respecting the condition of the License Area or the Property, and that Licensee has inspected and is thoroughly familiar with the current condition of the License Area. 4. USE OF LICENSE AREA: (a) Licensee shall use the License Area solely for "MEET ME IN MILTON" (the "Permitted Use"), and for no other purpose whatsoever. Licensee shall, at Licensee's sole expense, properly and promptly comply with and execute all laws, ordinances, rules, regulations and requirements, as the same now exist or as they may hereafter be enacted, amended or promulgated, of or by any Federal, state, county or municipal authority, and/or any department or agency thereof, or any similar organization, relating to Licensee's normal and customary operations and activities, Licensee's vehicles, the License Area and/or the use of any one of them. Licensee shall comply with the Rules and Regulations attached as Exhibit "C". (b) Anything placed in the Licensed Area, together with the contents of such item, shall be at the sole risk of Licensee, it being understood and agreed that, with the exception of damage caused by Licensor intentionally or with gross negligence, Licensor shall not be held in anyway responsible to Licensee (or persons claiming by, through, or under Licensee) for injury, loss or damage to such items, or to any personal property left therein or thereabout, whether by reason of fire, water, theft, collision, vandalism or any other cause whatsoever; nor shall Licensor incur any liability on account of inaccessibility or disrepair of the License Area due directly or indirectly to inclement weather, accidents or other reasons beyond Licensee's control, nor for any property damage or any personal injury whatsoever occurring in, on or about the Property (including, but not limited to, the driveways, License Area and common areas of the Property), or the means of ingress thereto or egress therefrom. (c) Licensee agrees that upon the expiration of this License, Licensee shall remove all of its goods and effects from the License Area, repair any damage caused by its use and such removal and peaceably yield up the License Area in clean condition and in as good order and repair as existed on the commencement of Licensee's use, reasonable wear and tear accepted. Any personal property of Licensee, or Licensee's invitees, not removed before the expiration of each license term may, at Licensor's sole option be stored at Licensee's expense or deemed abandoned and retained or disposed of by Licensor in whatever manner or fashion Licensor deems appropriate. 5. INSURANCE, LIABILITY, AND INDEMNITY: (a) Licensee shall satisfy and comply with the insurance requirements set forth on Exhibit "B" during the term of each license and the use of the Licensee Area. If Licensee utilizes any third (3rd) party vendor, such third (31d) party vendor shall satisfy the Exhibit "B" requirements. (b) To the fullest extent permitted by applicable law, Licensor shall not be liable to Licensee, its employees, agent, contractors, invitees, or any other persons for any claims, damages or injuries resulting from any bodily injury or death or loss or damage to property, whether or not due to the acts or omissions of Licensor or any other person or entity, in, or about the Property (including, but not limited to, the driveways and License Area), the parties intending insurance to assume all such risks. Licensee agrees to and does hereby defend, indemnify and hold Licensor harmless from and against any and all actions, claims, costs, damages, expenses, fees, judgments, liabilities or suits arising from or out of, or in connection with, (i) acts or omissions of Licensee or Licensee's agents, contractors, employees, invitees or others for whom Licensee is responsible (collectively, "Licensee's Agents"), in, on or about the Property, (ii) the condition of the Property (including but not limited to, the Driveways and License Area) and/or any damage, death or injury to person or property in, on or about the Property, and/or (iii) any breach of the terms of this License by Licensee or Licensee's Agents. The foregoing indemnity shall be deemed to survive the expiration or sooner termination of this License. (c) Notwithstanding any provision hereof to the contrary, Licensee shall look solely to the estate and property of Licensor in and to the Property in the event of any claim or judgment against Licensor arising out of or in connection with (i) this License, (ii) the relationship of Licensor and Licensee, or (iii) Licensee's use of the License Area. Licensee agrees that the liability of Licensor arising out of or in connection with (i) this License, (ii) the relationship of Licensor and Licensee, or (iii) Licensee's use of the License Area, shall be limited to such estate -2- and property of Licensor 6. ASSIGNMENT AND SUBLETTING: Licensee shall have the right to sublet, sublicense, or otherwise permit occupancy or use by any person or entity other than Licensee and Licensee's Agents of the License Area or any part thereof, provided that all such subletting, sublicensing, or occupancy is solely for the Permitted Use (i.e., Licensee hosting "Meet Me in Milton.") 7. DEFAULTS: If Licensee violates any of the terms or conditions hereof, or creates a hazard to the health and/or safety of any occupant of the Property, then and in any such event, in addition to any and all rights and remedies allowed at law or in equity, this License and/or Licensee's right to use the License Area shall be automatically revoked and Licensee shall surrender and vacate the License Area immediately (failing which Licensor may enter into and repossess said License Area with or without process of law and remove all persons and property of Licensee therefrom if the same has not previously been removed, and for the purpose of such entry and repossession. LICENSEE WAIVES ANY NOTICE TO QUIT OR ANY OTHER NOTICE PROVIDED BY LAW OR OTHERWISE TO BE GIVEN IN CONNECTION THEREWITH). In addition, Licensee will pay all costs and fees (including, but not limited to, court costs and reasonable attorneys' fees) incurred by Licensor in connection with obtaining possession of said License Area or in the enforcement of any covenant, condition or agreement herein contained, whether through legal proceedings or otherwise and whether or not any such legal proceedings be prosecuted to a final judgment. A waiver by Licensor of any default by Licensee in the performance of any of the covenants, terms or conditions hereof shall not constitute or be deemed a waiver of any subsequent or other default. A delay on the part of Licensor to exercise or enforce any of its rights, powers or privileges hereunder shall not be deemed a waiver of such right, power or privilege. The rights and remedies of Licensor under this License shall be cumulative and in addition to any other rights and remedies given to Licensor by law. The exercise by the Licensor of any right or remedy herein provided shall not impair Licensor's rights to exercise any other remedy provided by law. 8. RIGHTS RESERVED BY LICENSOR: Licensor reserves the right to enter the License Area at all times (a) to inspect and repair the License Area or the Property as Licensor may deem necessary or desirable, (b) for any purpose whatsoever relating to the safety, protection or preservation of the License Area or Property, and (c) for any other purpose which does not prevent the use of the License Area in accordance with the terms hereof. In any such event, the Licensor shall take reasonable measures to avoid undue disturbance to Licensee's use of the License Area, however, Licensee agrees to cooperate with Licensor and to relocate the License Area if Licensor requests. 9. NOTICES: All notices hereunder shall be hand delivered, delivered by a nationally recognized overnight delivery service (such as Federal Express), or mailed in a certified prepaid envelope addressed to Licensor or Licensee, respectively, at the addresses reflected on the signature page. Any notice sent in accordance with the foregoing shall be deemed duly given when received (or when delivery is refused) if hand -delivered, on the next business day if deposited with a nationally recognized overnight delivery service, or on the third business day if sent by certified mail and such refusal is documented by the person or entity attempting delivery. Either party may from time to time change the address to which notice is to be given, by written notice to the other party sent in accordance with this provision. 10. GENERAL PROVISIONS: The captions in this License are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or intent of such paragraph or of this License. The terms, covenants and conditions contained in this License shall bind and inure to the benefit of the Licensor and Licensee, and their respective heirs, legal representatives, successors and assigns; provided that, nothing in this Section 10 shall be deemed to permit any transfer, assignment, sublease, license or other arrangement in violation of Section 6 hereof and nothing herein shall be construed to impose any personal liability on the officers or employees of Licensor or Licensee. This License and all of the rights of Licensee hereunder are expressly subordinate to the provisions of any mortgage, deed of trust or underlying master lease encumbering the Property. No change, waiver or modification of the terms hereof shall be binding unless in writing and signed by the parties hereto. The interpretation of this License shall be governed by the laws of the State of Georgia, without regard to the conflict of laws principles thereof. This License constitutes the entire agreement between the parties with respect to the License Area and the use thereof. [SIGNATURES ON FOLLOWING PAGE] -3- IN WITNESS WHEREOF, Licensor and Licensee have caused these presents to be signed (duly executed and attested) and sealed the day and the year first above written. WITNESS: LICENSOR: Crabapple Green, LLC Ey: Name: Title: Address: 12650' Crabapple Road, Suite 200 Milton, GA 30004 WITNESS: LICENSEE: City of Milton, GA Ey: Name:—Joe Lockwood Title: _Mayor Address: Attn: City Manager 2006 Heritage Walk Milton, GA 30004 Approval as to form: City Attorney 10 a 250 Cabap • le R I EXHIBIT B INSURANCE REQUIREMENTS Licensee shall maintain insurance as shown in the attached insurance certificate Any third party vendor used to provide services at the License Area shall provide evidence of coverage meeting the following requirements: , 1. Commercial general liability insurance in the amount of at least $2,000,000.00 combined single limit and, if alcoholic beverages will be sold or consumed in the License Area, liquor liability coverage with a limit of not less than $1,000,000; and 2. Statutory Workers' Compensation Insurance to comply with applicable state laws, and at least $100,000/$500,000/$100,000 Employers Liability Insurance. IM EXHIBIT C RULES AND REGULATIONS All posted rules must be observed. 2. All City of Milton ordinances (as well as state and federal laws) must be observed. 3. Licensee shall not to make any alterations or additions to the Property, or place in, on or about the Property any signs, placards or other advertising media, banners, pennants, awnings, aerials, antennas, or similar items, without obtaining the prior written consent of Licensor. 4. Licensee shall not charge any visitor, customer or invitee a fee for parking near the License Area. 5. Licensee shall not close or obstruct the roadways; surface parking lots and any other structure on the Property or otherwise interfere with ingress to and egress from the Property, unless expressly approved in writing by Licensor. 6. All loading, unloading, setup and tear down shall take place within such times and at such places as shall be reasonably designated by Licensor. All parking shall take place within such times and at such places as shall be reasonably designated by Licensor. 8. Licensee shall not generate any noises through the use of loudspeakers, sound amplifiers, radios, televisions, or phonographs without the prior written consent of Licensor. Licensee shall not engage in or allow any fighting or use physical force or abuse or obscene language towards any person or engage in any form of objectionable behavior, such as the making of loud noises or coarse or offensive utterances, gestures or displays, any of which causes or may cause public inconvenience or annoyance or alarm. No unlawful activities shall be permitted on the premises, nor shall gambling or the consumption of alcoholic beverages be permitted. 9. Licensor reserves the right to require the withdrawal from display of any item, object, person, printed matter of any other thing of any nature which in the opinion of Licensor might be detrimental to the appearance or reputation of the Property or the adjoining Development. 10. Licensee shall not use fencing on the Green or the hardscape surrounding the Green. 11. No tents or other equipment are allowed on the hardscape without prior written approval from the Licensor. MILTON' 4 ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 12, 2020 FROM: Steven Krokoff, City Manager 0) AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Tri Scapes Inc. for the Installation of a Concrete Driveway Apron for the Public Works building. MEETING DATE: Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,,�IAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,IYES () NO CITY ATTORNEY REVIEW REQUIRED: (,VYES () NO APPROVAL BY CITY ATTORNEY: K APPROVED PLACED ON AGENDA FOR: 4 j�I1y w () NOT APPROVED 2006 Heritage Walk Milton, GA P: 678.242.2500 I F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 To: Honorable Mayor and City Council Members From: Matt Fallstrom, Capital Projects Manager Date: Submitted on February 4, 2020 for the February 19, 2020 Regular City Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City Of Milton and TriScapes Inc. for the Installation of a Concrete Driveway Apron for the Public Works building _____________________________________________________________________________________ Project Description: The Contractor will do light grading to prepare and install a 20’x60’concrete driveway apron in front of the Public Works Yard (Maintenance Building) located at 16050 Old Bullpen Rd, Milton GA 30004. This also includes all materials, labor, and equipment to complete this work. Procurement Summary: Purchasing method used: 3 Written Quotes ($5,000-$49,999) Account Number: 300-4101-541200001 Requisition Total: $11,975.00 Vendor DBA: TriScapes Other quotes or bids submitted (vendor/$) Vendor/Firm Quote/Bid Blount Construction $14,548.95 CMES INC. $24,000.00 Financial Review: Bernadette Harvill, February 5, 2020 Legal Review: Sam VanVolkenburgh – Jarrard & Davis, January 23, 2020 Concurrent Review: Robert Drewry, Public Works Director Attachment(s): Construction Services Agreement HOME T -FON%� ESTABLISHED 2006 CONSTRUCTION SERVICES AGREEMENT — SHORT FORM Public Works Building Driveway Apron This Construction Services Agreement (the "Agreement") is made and entered into this _ day of , 202_ (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 tows the "City"), and Tri Scapes Inc., a Georgia corporation having its principal place of business at 1595 Peachtree Parkway, Suite 204-396, Cumming, GA, 30041 (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 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 L 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. Performance and Payment Bonds, attached hereto collectively as "Exhibits C"; D. Contractor Affidavit, attached hereto as "Exhibit D"; E. Subcontractor Affidavit, attached hereto as "Exhibit E"; and F. City of Milton Code of Ethics (codified in the official Code of 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 Contractor will do light grading to prepare and install a 20'x60'concrete driveway apron in front of the Public Works Yard (Maintenance Building) located at 16050 Old Bullpen Rd, Milton GA 30004 (the "Project"). The Work to be completed under this Agreement (the "Work") includes; but shall not be limited to, the work described in the Scope of Work provided in "Exhibit A", attached hereto and incorporated herein by reference. The 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 Terra; 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 Ct,nstruc;tiign ` CI -Nice; ,ly1rvc.inent Vcrs1011 1.0 specified on a written "Notice to Proceed" issued by the City and shall fully complete the Work within ten (10) business days of the start date specified in the "Notice to Proceed". The City may terminate this Agreement for convenience at any time upon providing written notice thereof to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the City shall pay Contractor for Work performed to date in accordance with Section 5 herein. Section 4. Work Chances: Any changes to the Work requiring an increase in the Contract Price (defined below) shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: The total amount paid ender this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $11,975.00 ("Contract Price"), except as outlined in Section 4 above. The compensation for Work performed shall be based upon a flat fee, and Contractor represents that the Contract Price is sufficient to perform all of the Work set forth in and contemplated by this Agreement. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot perform the Work within the budgetary limitations established without_ disregarding sound principles of Contractor's industry, Contractor will give written notice thereof immediately to the City. City agrees to pay Contractor for the Work performed and costs incurred by Contractor upon the City's certification that the Work was actually performed and costs actually incurred in accordance with this Agreement. No payments will be made for unauthorized work. Compensation for Work performed and, if applicable, reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of invoices setting forth in detail the Work performed and costs incurred, along with all supporting documents required by the Contract Documents or requested by the City to process the invoice. Invoice shall be submitted upon completion of the job, and such invoice shall reflect costs incurred versus costs budgeted. Each invoice shall be accompanied by an hlterim 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. Section 6. Covenants of Contractor: A. Ethics Code Conflict of Interest. Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Contractor certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the services required by this Agreement. Contractor and the City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official, or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice,, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor_ The Contractor and the City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub - consultant under a contract to the prime Contractor or higher tier sub -consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. B. Expertise of Contractor; City's Reliance on the Work. The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that, therefore, the City bears no responsibility for Contractor's Work performed under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. The Contractor acknowledges and agrees that the acceptance or approval of any Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement and shall not relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's Work under professional and industry standards. C. Contractor's Reliance on Submissions by the City. Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided Construction SerN ices; .A,rc:cin nt ; 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. Ryan Hogan shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. Contractor shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of this Agreement at no additional cost to City. E. Independent Contractor. Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor. The Contractor agrees to be solely responsible for its, own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies, and/or materials necessary to complete the Work; hiring and payment of subcontractors, agents, or employees to complete the Work, including compliance with Social Security, withholding, and all other regulations governing such matters. Any provisions of this Agreement that may appear to give the City the right to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other; unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. F. Responsibility of Contractor and Indemnification of City. Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Contractor shall bear all losses and damages directly or indirectly resulting to itand/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 costsof 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. To the extent the obligation pertains to engineering/design work of the Contractor; the obligation shall be limited only to the indemnification (and not defense) of City for harm caused by the negligence of the Contractor and its agents. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. G. Insurance. Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance of the types and amounts approved by the City, as shown on Exhibit "B", attached hereto and incorporated herein by reference. Contractor shall also ensure that any subcontractors are covered by insurance policies meeting the requirements specified herein and provideproof 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. Bonds. In public works construction contracts valued at more than one hundred thousand dollars ($100,000.00) or road construction/maintenance contracts valued at five thousand dollars ($5;000,00) or more, or in any other instance where Construction Scr��Ic s A-reenuznt 1 Version I M the City has elected to include such bond requirements as exhibits to this Agreement, the Contractor shall provide a Performance and Payment bond on the forms attached hereto as "Exhibit D" and with a surety licensed to do business in Georgia and listed on the Treasury Department's most current list (Circular 570 as amended). Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under this Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. 1. Assignment of Agreement. The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of, this Agreement, without the prior express written consent of the City. J. Employment of Unauthorized Aliens Prohibited — E-Mer•ify 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 "D" and "E" (affidavits to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and its subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is an individual licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in "Exhibit D", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.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 E", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91_] [CHECK ONE] 500 or more employees. 100 or more employees. x Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 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. K. 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. L. Licenses Certifications and Permits. Contractor covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits, or the like required of the Contractor by any and all national, state, regional, county or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work. The Contractor (`011S 'Liction Ser\ ices .Aorecinent Version 1.) • 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. M. 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. N. 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. O_ Nondiscrimination. During the performance of this Agreement, the Contractor agrees as follows: 1. Compliance with Regulations The Contractor shall comply with the Regulations, hereinafter defined, relative to nondiscrimination in federally -assisted programs of the Department of Transportation (the "DOT"), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time (the "Regulations"), which are herein incorporated by reference and made apart of this Agreement. 2. Nondiscrimination The Contractor, with regard to the Work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of employees or subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including, Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Contractor for Work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, and other sources of information and its facilities as may be determined by the County, GDOT, or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the County, or GDOT or the Federal Highway Administration, as appropriate, and shall set forth what efforts it has made to obtain such information, 5. Sanctions for Noncompliance In the event of the Contractor's noncompliance with the nondiscriminatory provision of this Agreement, County shall impose contract sanctions as it or GDOT or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the Agreement until Contractor complies; and/or (b) Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issue thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the County or GDOT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctioning noncompliance: Provided, however; that in the event a Contractor becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the County to enter into such litigation to protect the interest of the County and, in addition, the Contractor may request the Georgia Department of Transportation to enter into such litigation to protect the interests of the State and the United States to enter into such litigation to protect the interests of the United States. P. Contractors Assisting with Procurement. As required by O.C.G.A. § 36-80-28, 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 serve in a consultative role during a bid or proposal evaluation or C onstrtiCtiOn Seri ice: A-reement I Version i .O negotiation process: (a) the Contractor shall avoid any appearance of impropriety and shall follow all ethics and conflict- of-interest policies and procedures of the City; (b) the Contractor shall immediately disclose to the City any material transaction or relationship, including, but not limited to, that of the Contractor, the Contractor's employees, 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 any material transaction or relationship subsequently discovered during the pendency of the Agreement; and (c) the Contractor agrees and acknowledges that any violation or threatened violation of this paragraph may cause irreparable injury to the City, entitling the City to seek injunctive relief in addition to all other legal remedies. Section 7. final Project Documents; Warranty: Prior to final payment, Contractor shall deliver to City copies of any as -built drawings, operations, and maintenance manuals; and any other pertinent documents relating to the construction and operation of the Work that is not otherwise in the possession of the City. Contractor shall repair or replace all defects in materials, equipment, or workmanship appearing within one (1) year from the date of completion at no additional cost to the City. Section 8. Miscellaneous: A. Complete Agreement; Counterparts; Third Party Rights. This Agreement, including all of the Contract Documents, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. B. Governing Law; Business License: Proper Execution. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Contractor submits to the jurisdiction and venue of such court. During the Term of this Agreement, Contractor shall maintain a business license with the City, unless Contractor provides evidence that no such license is required. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor's profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, O.C.G.A. § 50-5-63, any applicable records retention requirements, and Georgia's Open Records Act (O.C.G.A. § 50-18-70, et seq.). C. Notices. All notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when (1) personally delivered, or (2) on the third calendar day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the addresses first given above or at a substitute address previously furnished to the other Party by written 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. E. Agreement Construction and Interpretation; Invalidity of Provisions; Severability. Contractor represents that it has reviewed and become familiar with the Contract Documents, the nature and extent of the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor represents that it has given the City written notice of all conflicts; errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to 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 C'01I truetI011 Services Al-11-eenIe11t 1 Ve7-s1011 1.0 modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared invalid. C onstrUCtiOn Set -vices Agreement 1 Version 1.0 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 Signature: Steven Krokoff, City Manager [CITY SEAL] Attest: By: Its: City Clerk Approved as to form: CONTRA T : Tri Sca s, Rebecca Martin Its: Preside t GPO President/Y.f�' 2 P o"t'poration) r(re�a [CQt corporation} Atte t/Witrks:. By: J Mitzi J. Chambers Its: Assistant Corporate Secretary ((Assistant) Corporate Secretary if corporation) City Attorney RATIFIED BY COUNCIL Signature: Joe Lockwood, Mayor CollSULICd011 Services Agreement I Version 1.0 2iwrvltffgam 12/18/2019 FROM: TO: Tri Scapes, Inc. City of Milton PROJECT: 1595 Peachtree Parkway, Suite 204-396 PROJECT # Cumming, GA 30041 CO # Office: 770-752-4698 RE: Fax: 770-752-6792 Contact: Ryan Hogan Matt Fallstrom Email: ryan@triscapes.com www.TriScapes.com Public Works Yard - Driveway Apron Concrete Drive I I Compa►7ylOwtterlRepresen testi ve: Authorized Signature: Date: CorrtpanylOwnei/Representative: Authorized Signature: Date: Page 1 "EXHIBIT B" 1 ® F LIABILITY INSURANCE =DATE DDIYYYY)CERTIFICATE 2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT .Stephanie Smith, CISR NAME: PointeNorth Insurance Group, LLC PHONE (770) 858-7540 Fax (770) 858-7545 /C No Ext): AIC, No): (A'C' PO Box 724728 E-MAIL ssmith@pointenorthins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURERA: Grange Insurance Company 14060 Atlanta GA 81139 INSURED INSURER B: Accident Fund Ins. CO ofAmerica 10166 INSURER C : Tri Scapes., Inc. 1595 Peachtree Parkway, Suite 204-396 INSURER D: INSURER E: Cumming GA 30041 INSURER F CnVFRAGFR rFRTIFICATF NI IMRFR• 19/20 Pk4 & WC PP%1Iiq Ir1N NI IMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE INSD WVD POLICYNUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR DAMAG ToEa occu RENTED PREMISES $ 1.00,000 MED EXP (Any one. person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 A Y Y CPP2771706 12/01/2019 12/01/2020 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE. $ 2,000,000 POLICY X PRO LOC JECT PRODUCTS-COMP/OPAGG $ 2,000,000 Employment Practices $ 50,000 OTHER: I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ ANYAUTO A IX OWNED SCHEDULED AUTOS ONLY AUTOS Y Y CA 2771709 12/01/2019 12/01/2020 60DILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $. Per accident $ X UMBRELLA.LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS -MADE CUP2771712 12/01/2019 12/01/2020 AGGREGATE $ 5,000,000 DED X RETENTION $ 0 Follows Form $ B WORKERS.. COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH)E.L. If DEdeocri N OF O DESCRIPTION OF OPERATIONS below NIA Y WCV6168314 07/0112019 07/01/2020 X1 PER STATUTE EORH EL:.EACHACCIDENT $ 1,000,000 DISEASE - EA. EMPLOYEE $ 1,000,000 C1. DISEASE -POLICY LIMIT $ 1,000,000 A Leased/Rented Equipment Installation Floater CPP2771706 12/01/2019 12/01/2020 Limit 35,000 Limit 100;000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if morespace is required) Project: Public Works Yard (Maintenance Building) Driveway Apron GEKIII-IGAILz HULDEK (:ANGELLATIUN ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. 2006 Heritage Walk AUTHORIZED REPRESENTATIVE. Milton GA 30004 I . 7 _ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Other Named Insureds Investments LLC Martin Insured Multiple Nantes Insured Multiple Names I OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC I IEndorsement IL 20 1 Contractors' Optimum Endorsement Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. '11-fis endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM BUSINESS COMPUTER COVERAGE FORM CAUSES OF LOSS - SPECIAL FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM (LOSS SUSTAINED FORM) 'fl -ie following is a sun-anary of the coverage modifications, extensions and additions provided in this endorsement. The lit -nits, unless stated otherwise, and deductibles shown below apply at each designated location. If a limit is shown elsewhere in the policy for any of these coverages, then that limit applies in addition to the limits shown below. If a different deductible amount is shown in the policy for any of these coverages, then that deductible will be the applicable deductible. A separate limit of $500,000 applies on a Per Loss Aggregate basis to those coverages shown below that are designated PLA. This Per Loss Aggregate Limit applies separately at each location designated on the policy Declarations. At the time of the first Named Insured may elect to apportion this Per Loss Aggregate Limit of Insurance to any one or any combination of those coverages, but under no circumstances will the aggregate apportionment be permitted to exceed $500,000 at any one designated location. For complete details of the coverages provided, refer to the specific policy language. BUILDING AND BUSINESS PERSONAL PROPERTY COVERAGES SUBJECT TO THE PER LOSS AGGREGATE LIMIT DEDUCTIBLE SUBJECT OF INSURANCE PAGE PLA Property Deductible Accounts Receivable 9 PLA None Claim Expense 10 PLA Property Deductible Computer 18 PLA Property Deductible Consequential Loss Assumption 15 PLA Property Deductible Fine Arts Not Held For Sale 15 PLA None Fire Department Service Charge 5 PLA Property Deductible Mobile Equipment On Premises 16 PLA None Recharge Of Fire Protection Equipment 9 10% of Loss None Reward Payment 8 Subject To PLA PLA Property Deductible Utility Services - Direct Damage 16 PLA Property Deductible Valuable Papers And Records (Other Than 13 Electronic Data) HK1054 (04-2017) continued.. Endorsement IL 20 Contractors' Optimum Endorsement Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number. CPP 2771706 BUILDING AND BUSINESS PERSONAL PROPERTY COVERAGES SUBJECT TO A SPECIFIC LIMIT OF INSURANCE LIMIT DEDUCTIBLE SUBfECT OF INSURANCE PAGE $50,000 Building Property Deductible Appurtenant Structures 17 $5,000 BPP Property Deductible Appurtenant Structures 17 $10,000 Property Deductible Backup Of Sewer And Drains 11 $10,000 Property Deductible Business Personal Property 14 Temporarily In Portable Storage Units $25,000 None Computer And Funds Transfer Fraud 12 Included in BPP Limit Property Deductible Contents Of Fuel Storage Tanks 5 $25,000 Per Property Deductible Contractual Penalties 11 Occurrence; $100,000 Annual Aggregate $10,000 Property Deductible Deferred Payments 16 $10,000 None Employee Theft Including ERISA 11 $10,000 None Forgery Or Alteration 11 Included In Building Property Deductible Fuel Storage Tank-, 5 Limit $1,000 None Lock And Key Replacement 11 $10,,000 in/out None Money And Securities 9 $1,000,000 Property Deductible Newly Acquired Or Constructed Property - 12 Building -180 Days To Report $500,000 Property Deductible Newly Acquired Or Constructed Property - 12 Business Personal Property -180 Days To Report $5,000 Property Deductible Non -Owned Detached Trailers 14 Included Property Deductible Ordinance Or Law Contingent Liability 6 $50,000 Property Deductible Ordinance Or Law Demolition Cost 7 $50,000 Property Deductible Ordinance Or Law Increased Cost Of 7 Construction $10,000 Property Deductible Ornamental Display Gardens 17 $10"000 Property Deductible Ornamental Landscape Display 17 HK1054 (04-2017) page 2 Endorsement IL 20 Contractors' Optimum Endorsement LIMIT DEDUCTIBLE $25,000 Property Deductible $25,000 Property Deductible $10,000 Property Deductible $25,000 Property Deductible Included Property Deductible 90 Days None $25,000 Property Deductible $50,000 Property Deductible $25,000 per Salesperson 25% Of BPP Subject To Property Deductible PLA Included Property Deductible $25,000 Property Deductible Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 SUBJECT OF INSURANCE Outdoor Growing Stock Outdoor Property Personal Effects And Property Of Others (Maximum Of $1,000 Per Employee For Loss Or Damage By Theft) Pollutant Clean up Premises Redefined To 1,000 Feet Preservation Of Property Property In Transit Property Off.- Premises Seasonal Increase PAGE 17 15 12 18 Selling Price Valuation Of Stock 18 Signs Whether Attached To A Building 1.8 Or Not COMMERCIAL GENERAL LIABILITY COVERAGES LIMIT DEDUCTIBLE Included None Included None Included None Included None Included None Included None Included None Included None SUBJECT OF INSURANCE Additional Insured - Lessor Of Leased Equipment Additional Insured - Managers Or Lessor Of Premises Additional Insureds Required By Contract Additional Insured - State Or Governmental. Agency Or Subdivision Or Political Subdivision - Permits Or Authorization Aggregate Limit Per Location Aggregate Limit Per Project Blanket Primary And Noncontributory Broad Form Named Insured PAGE 25 26 24 26 23 23 28 24 HK1054 (04-2017) page 3 Endorsement IL 20 Contractors' Optimum Endorsement LIMIT Included $300,000 Included $10,000 Included Included Included $25,000 Each Occurrence/ $50,000 Aggregate $5,000 Each Occurrence $10,000 Included Included Included $25,000 $2,500 $500 Per Day Included $5,000 Each Occurrence/ $25,000 Aggregate Included Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 DEDUCTIBLE SUBJECT OF INSURANCE None Coverage For Injury To Leased Workers None Damage To Premises Rented To You - Increased Limit None Duties In The Event Of Occurrence, Offense,, Claim Or Suit - Redefined None Electronic Data Liability None Expected Or Intended Injury None Incidental Medical Malpractice None Liberalization Clause $250 Limited Care, Custody Or Control Coverage $100 Lost Key Coverage None Medical Payments None Mobile Equipment Redefined To 1,000 Pounds None Newly Formed Or Acquired Organizations -180 Days To Report None Nan -Owned Watercraft Rodofined To 51 Feet None Property Damage To Borrowed Equipment None Supplementary Payments Increased Limits - Bonds None Supplementary Payments Increased Limits - Earnings None Unintentional Failure To Disclose Hazards $250 Voluntary Property Damage None Waiver Of Transfer Of Rights Of Recovery Against Others To Us PAGE 19 19 W 20 27 29 27 19 20 24 24 29 22 PQ Pam 4 IEndorsement IL 20 Contractors' Optimum Endorsement The following change,., apply to the BUILDING AND PERSONAL PROPERTY COVERAGE FORM. 1. The following amends specified provisions stated under Section A. Coverage: 1. Item 1. Covered Property a. Building (5)(b) is replaced with the following: (b)Materials, equipment,, supplies and temporary structures, on or within 1,000 feet of the described premises, used for making additions, alterations or repairs to the building or structure. 2. The following are added under item a. Building as Covered Property: (6) Fuel tanks,, including the piping, pumps and equipment connected to it, installed above or below ground. 3. The first paragraph of item 1. Covered Property b. Your Business Personal Property is replaced with the following: b. Your Business Personal Property consists of the following property located in or on the building or structure described in the Declarations or in the open (or in a vehicle) within 1,000 feet of the building or structure or within 1,000 feet of the premises described in the Declarations, whichever distance is greater. 4. The following is added under item b. Your Business Personal Property: (8) Contents of any fuel tanks, including the piping, pumps and equipment connected to it, installed above or below ground. (9) Personal Property Of Others that is: (a) In your care, custody or control; and (b) located in or on the building or structure described in the Declarations or in the open (or in a Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 vehicle) within 1,000 feet of the building or structure or within 1,000 feet of the premises described in the Declarations, whichever distance is greater. 5. Item 1.c. Personal Property of Others is deleted. 11. The following amends specified provisions, stated under Section A. Coverage 4. Additional Coverages: 1. Item b. Preservation of Property (2) is replaced with the following: (2) Only if the loss or damage occurs within 90 days after the property is first moved. 2. Item c. Fire Department Service Charge is replaced with the following. c. Fire Department Service Charge When the fire department is called to save or protect Covered Property from a Covered Cause of Loss, we will pay up to the $500,000 Per Loss Aggregate Limit for certain coverages specified in this endorsement for your liability for fire department cervico charges! (1) Assumed by contract or agreement prior to loss; or (2) Required by local ordinance. No Deductible applies to this Additional Coverage. 3. The last paragraph of item d. Pollutant Clean Up And Removal is replaced with the following: The most we will pay under this Additional Coverage for each described premises is $25,000 for the sum of all covered expenses arising out of Covered Causes of Loss occurring during each separate 12 month period of this policy. HK1054 (04-2017) page 5 Endorsement IL 20 Contractors' Optimum Endorsement 4. Item e. Increased Cost Of Construction is replaced in its entirety with the following: e. Ordinance Or Law (1)The coverages provided by this endorsement apply only if (1)(a) and (1)(b) are satisfied and they are then subject to the qualifications set forth in (1)(c). (a)The ordinance or law: (i) Regulates the demolition, construction or repair of buildings, or establishes zoning or land use requirements at the described premises; and (ii) is in force at the time of loss. But coverage under this endorsement applies only in response to the minimum requirements of the ordinance or law. Losses and costs incurred in complying with recommended actions or standards that exceed actual requirements are not covered. (b) (i) The building sustains direct physical damage that is covered under this policy and as a result of damage you are required to comply with the ordinance or law; or (ii) The building sustains both direct physical damage that is covered under this policy and direct physical damage that is not covered under this policy, and as a result of the building damage in its entirety you are required to comply with the ordinance or law. (iii) But if the building sustains direct physical damage that is Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 4321 6-1 21 8 not covered under this policy, and such damage is the subject of the ordinance or law, then there is no coverage under this endorsement even if the building has also sustained covered direct physical damage.. (c) In the situation described in (1)(b)(ii) above, we will not pay the full amount of loss otherwise payable under the terms of the coverage provided by this endorsement. Instead, we will pay a proportion of such loss; meaning the proportion that the covered direct physical loss bears to the total direct physical damage. However, if the covered direct physical damage, alone, would have resulted in a requirement to comply with the ordinance or law, then we will pay the full amount of loss otherwise payable under the terms of this endorsement. (2)We will not pay under this endorsement for_ (a) Enforcement of or compliance with any ordinance or law which requires demolition, repair, replacement, reconstruction, remodeling or remediation of property due to contamination by "pollutants" or due to the presence of, growth, proliferation, spread or any activity of "fungus", wet or dry rot or bacteria; or (b)The costs associated with the enforcement of or compliance with any ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or HK1054 (042017) page 6 Endorsement IL 20 Contractors' Optimum Endorsement neutralize, or in anyway respond to, or assess the effects of "pollutants", "fungus", wet or dry rot or bacteria. (3) Coverage (a) With respect to the building that has sustained covered direct physical damage, we will pay for the loss in value of the undamaged portion of the building as a consequence of or requirement to comply with an ordinance or law that requires the demolition of undamaged parts of the same building. This Additional Coverage is included within the Limit of Insurance shown in the Declarations as applicable to the covered building. This does not increase the Limit of Insurance. (b)With respect to the building that has sustained covered direct physical damage, we will pay the cost to demolish and clear the site of undamaged parts of the same building, as a consequence of a requirement to comply with an ordinance or law that requires demolition of such undamaged property. The most we will pay for loss or damage under this Additional Coverage, e.(3)(b) is $50,000 at each described premises. This is additional insurance. (c) (1) With respect to the building that has sustained covered direct physical damage, we will pay the increased cost to: (i) Repair or reconstruct damaged portions of that Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 building; and/or (ii) Reconstruct or remodel undamaged portions of that building, whether or not demolition is required; when the increased cost is a consequence of or requirement to comply with the minimum standards of the ordinance or law. However: (i) This additional coverage applies only if the restored or remodeled property is intended for similar occupancy as the current property, unless such occupancy is not permitted by zoning or land use ordinance or law. (ii) We will not pay for the increased cost of construction if the building is not repaired, reconstructed or remodeled_ (2) When a building is damaged or destroyed and e.(3)(c)(1) applies to that building, coverage for the increased cost of construction also applies to repair or reconstruction of the following subject to the same conditions stated in e.(3)(c)(1); (i) The cost of excavations, grading, backfilling and filling; (ii) Foundation of the building; (iii) Pilings; and (iv) Underground pipes, flues and drains. HK1054 (04-2097) page 7 Endorsement IL 20 Contractors' Optimum Endorsement The items listed in (2)(i) through (2)(iv) above are deleted from Property Not Covered, but only with respect to the coverage described in this provision (c)(2). We will not pay for the increased cost of construction: (i) Until the property is actually repaired or replaced, at the same or another premises; and (ii) Unless repairs or replacement are made as soon as reasonably possible after the loss or damage, not to exceed two years. We may extend this period in writing during the two years. The most we will pay for loss or damage under this Additional Coverage, e.(3)(c) is $50,000 at each described prernises. This is additional insurance. (4) If the property is repaired or replaced at the same premises or you elect to rebuild at another premises, we will not pay more than: (a) The amount you actually spend to demolish and clear the site at the described premises; and (b)The increased cost to repair, rebuild or construct the property at the same premises. (5) If the ordinance or law requires relocation to another premises we will not pay more than: (a)The amount you actually spend to demolish and clear the site at the described premises; and Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 4321 6-1 21 8 Policy Number: CPP 2771706 (b)The increased cost to rebuild or construct the property at the new premises. (6)Neither the Coinsurance Additional Condition nor a deductible applies to e.(3)(b) and e.(3)(c). (7) The terms of this Additional Coverage apply separately to each covered building. (8) Under this Additional Coverage we will not pay for costs due to an ordinance or law that: (a) You were required to comply with before the loss, even when the building was damaged; and (b)You failed to comply with. (9)This Additional Coverage is not subject to the terms of the Ordinance or Law Exclusion, or Valuation Conditions, to the extent that such exclusions or limitations would conflict with the provisions of this Additional Coverage. 5. The following Additional Coverages are added: f. Arson, Theft And Vandalism Rewards We will pay on behalf of the insured for information which leads to a conviction in connection with: (1) A fire loss covered under this policy caused by arson; (2) An actual or attempted theft of Money or other Covered Property; or (3) A vandalism loss to the described prernises. The limit for this Additional Coverage is the actual amount of the reward payment but not greater than 10% of the HK1054 (04-2097) page 8 Endorsement IL 20 Contractors' Optimum Endorsement actual loss, subject to the $500,000 Per Loss Aggregate Limit for certain coverages specified in this endorsement. This is additional insurance. The Coinsurance Additional Condition and Deductible do not apply to this Additional Coverage. g. Recharge Of Fire Protection Equipment We will pay your cost to recharge or replace, whichever is less, your fire extinguishers or automatic fire protection equipment when they are discharged as a result of fighting a fire caused by a Covered Cause of Loss, on or within 1,000 feet of the described premises. The limit for this Additional Coverage is subject to the $500,000 Per Loss Aggregate Limit for certain coverages specified in this endorsement. No Deductible applies to this Additional Coverage. h. Money And Securities Refer to Insuring Agreements 3. Inside The Premises -Theft Of Money And Securities and 5. Outside The Premises of the COMMERCIAL CRIME COVERAGE FORM (LOSS SUSTAINED FORM), CR 00 21, attached to this policy for the applicable coverage. The coverage provided is subject to the exclusions and provisions of the COMMERCIAL CRIME COVERAGE FORM (LOSS SUSTAINED FORM). The most we will pay for loss under this coverage is $10,000 for Insuring Agreement 3 and $10,000 for Insuring Agreement 5 in addition to a separate limit that may be shown in the Declarations for Insuring Agreement 3 and Insuring Agreement 5. Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 i. Accounts Receivable We will pay for expenses you incur due to direct physical loss or damage to your accounts receivable records caused by or resulting from a Covered Cause of Loss at a location described in the Declarations. (1) The expenses we will pay include: (a) Amounts due from your customers that you are unable to collect because of direct physical loss or damage to your accounts receivable records; (b)Interest charges on any loan required to offset amounts you are unable to collect because of direct physical loss or damage to your accounts receivable records, pending our payment of these amounts (c) Collection expenses in excess of your normal collection expenses that are made necessary because of direct physical loss or damage to your accounts receivable records; and (d)Other reasonable expenses that you incur to reestablish your records of accounts receivable. (2) We will not pay expenses for loss or damage under this Additional Coverage caused by or resulting from any of the following. (a) Bookkeeping, accounting or billing errors or omissions; (b)Electrical or magnetic injury, disturbance or erasure of electronic 'Data" or "Media" records, except as a result of direct physical loss caused by lightning; HK1054 (04-2017) page 9 Endorsement IL 20 Contractors' Optimum Endorsement (c) Alteration, falsification, concealment or destruction of records of accounts receivable done to conceal the wrongful giving, taking or withholding of money, securities or other property; or (d)Unauthorized instructions to transfer property to any person or any place. (3) We will not pay expenses for loss or damage under this Additional Coverage for an audit of records or any inventory computation to prove its factual existence. The limit for this Additional Coverage is subject to the $500,000 Per Loss Aggregate Limit for certain coverages specified in this endorsement. The following loss conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions: (1) If you cannot accurately establish the amount of accounts receivable outstanding as of the time of lass, the following method will be used: (a)Determine the total of the average monthly amounts of accounts receivable for the 12 months immediately preceding the month in which the loss or damage occurred; and (b)Adjust that total for any normal fluctuations in the amount of accounts receivable for the month in which the loss or damage occurred or for any demonstrated variance from the average for that month. (2) The following will be deducted from the total amount of accounts HK1054 (04-2017) Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 4321 6-1 21 8 Policy Number: CPP 2771706 receivable, regardless of how that amount is established: (a) The amount of the accounts for which thereis no loss or damage (b)The amount of the accounts you are able to reestablish and collect; (c) An amount to allow for probable bad debts that you are normally unable to collect; and (d)AILunearned interest and service charges. Additional Definitions: As used in this Additional Coverage i.: "Data" means facts, concepts or instructions that are converted into a form usable in data processing operations. This includes computer programs. "Media means the materials on which "data" is recorded, such as magnetic tapes, discs, drums, paper tapes, cards and programs. This includes "data" stored on the "media". j. Claim Expense (1) In the event of covered loss or damage, we will pay for all reasonable expenses you incur at our request to assist us in: (a) The investigation of a claim or suit; or (b)T'he determination of the amount of loss, such as taking inventory. (2) We will not pay for: (a) Expenses to prove that the loss or damage is covered; (b)Expenses incurred under Section E. Loss Conditions 2. Appraisal; or i I Endorsement 771L 20] Contractors' Optimum Endorsement (c) Expenses incurred for examinations under oath, even if required by us. The ]in-dt for this Additional Coverage is subject to the $500,000 Per Loss Aggregate Limit for certain coverages specified in this endorsement. k. Forgery Or Alteration Refer to Insuring Agreement 2. Forgery Or Alteration of the COMMERCIAL CRIME COVERAGE FORM (LOSS SUSTAINED FORM), CR 00 21, attached to this policy for the applicable coverage. The coverage provided is subject to the exclusions and provisions of the COMMERCIAL CRIME COVERAGE FORM (LOSS SUSTAINED FORM). The most we will pay for loss under this coverage is $10,000 for Insuring Agreement 2 in addition to a separate limit that may be shown in the Declarations for Insuring Agreement 2. 1. Employee Theft Refer to Insuring Agreement 1. Employee 'Deft of the COMMERCIAL CRIME COVERAGE FORM (LOSS SUSTAINED FORM), CR 00 21, attached to this policy for the applicable coverage. The coverage provided is subject to the exclusions and provisions of the COMMERCIAL CRIME COVERAGE FORM (LOSS SUSTAINED FORM). The most we will pay for loss under this coverage is $10,000 for Insuring Agreement 1 in addition to a separate limit that may be shown in the Declarations for Insuring Agreement 1. m. Lock And Key Replacement We will pay up to $1,000 per occurrence for the cost to repair or replace the door zais r� Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 4321 6-1 21 8 Policy Number: CPP 2771706 locl<s and/or tumblers at the described premises due to theft of your door keys. n. Contractual Penalties We will pay for contractual penalties imposed by written contract between you and your customers. These penalties must: (1) Result from your failure to deliver your product on time according to contract term,:,; (2) Result from direct physical loss or damage to Covered Property by a Covered Cause of Loss; and (3) Have been paid by you to your customer. The most we will pay under this coverage is $25,000 per occurrence with a $100,000 annual aggregate limit. o. Water That Backs Up From A Sewer Or Drain We will pay for direct physical loss of or damage to Covered Property caused by or resulting from: (1) Water that bacL-, up frorn a sewer or drain; or (2) Water that enters into and overflows from within a: (a) Sump pump; (b) Sump pump well; or (c) Other type systems; designed to remove subsurface water which is drained from the foundation area. The most we will pay for loss or damage in any one occurrence is $10,000 or the Limit of Insurance shown in the Schedule for Water That Backs Up From A Sewer Or Drain at each described premises. page 11 Endorsement —TL 20 Contractors' Optimum Endorsement p. Computer And Funds Transfer Fraud Refer to Insuring Agreement 6. Computer And Funds Transfer Fraud, of the COMMERCIAL CRIME COVERAGE FORM (LOSS SUSTAINED FORM), CR 00 21, attached to this policy for the applicable coverage. Tl -ie coverage provided is subject to the exclusions and provisions of the COMMERCIAL CRIME COVERAGE FORM (LOSS SUSTAINED FORM). The most we will pay for loss under this coverage is $25,000 for Insuring Agreement 6 in addition to a separate limit that may be shown in the Declarations for Insuring Agreement 6. III. Section A. Coverage 5. Coverage Extensions is replaced in its entirety with the following. 5. Coverage Extensions Except as otherwise provided, the following Extensions apply to property located in or on the building described in the Declarations or in the open (or in a vehicle) within 1,000 feet of the described premises. If a Coinsurance percentage of 80% or more, or a Value Reporting period symbol,, is shown in the Declarations, you may extend the insurance provided by this Coverage Part as follows: a. Newly Acquired Or Constructed Property (1) You may extend the insurance that applies to Building to apply to: (a) Your new building while being built on the described premises; and (b) Building-, you acquire at locations, other than the described premises, intended for: Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 4321 6-1 21 8 Policy Number: CPP 2771706 (i) Similar use as the building described in the Declarations; or (ii) Use as a warehouse. The most we will pay for loss or damage under this Extension is $1,000,000 at each building. (2) You may extend the insurance that applies to Your Business Personal Property to apply to that property at any location you construct or acquire other than at fairs or exhibitions. The most we will pay for loss or damage under this Extension is $500,000 at each building. (3) Insurance provided under this Coverage Extension for Newly Acquired Or Constructed Property will end when any of the following first occurs: (a) This policy expires; (b) 180 days expire after you acquire or begin to construct the property; or (C) You report values to us_ We will charge you additional premium for values reported from the date construction begins or you acquire the property. b. Personal Effects And Property Of Others You may extend the insurance that applies to Your Business Personal Property to apply to: (1) Personal effects owned by you, your officers, your partners or members, your managers or your employees. (2) Personal Property of Others in your care, custody or control. HK1054 (04-2017) page 12 IEndorsement IL 20 Contractors' Optimum Endorsement The most we will pay for loss or damage under this Extension is $10,000 at each described premises, but not more than $1,000 to any loss or damage by theft to tools owned by your employees necessary for the performance of their job responsibilities. Our payment for loss of or damage to personal property of others will only be for the account of the owner of the property. c. Valuable Papers And Records (Other Than Electronic Data) (1) You may extend the insurance that applies to Your Business Personal Property to apply to the cost to replace or restore the lost information on valuable papers and records for which duplicates do not exist. But this Extension does not apply to valuable papers and records which exist as electronic data. Electronic data has the meaning described under Property Not Covered - Electronic Data. (2) If the Causes of Loss - Special Form applies, coverage under this Extension is limited to the "specified causes of loss" as defined in that form, and Collapse as set forth in that form. (3) The limit for this Extension is subject to the $500,000 Per Loss Aggregate Limit for certain coverages specified in this endorsement. We will also pay for the cost of blank material for reproducing the records (whether or not duplicates exist), and (when there is a duplicate) for the cost of labor to transcribe or copy the records. The costs of blank material and labor are subject to the applicable Limit of Insurance on Your Business Personal Property and therefore coverage of such costs is not additional insurance_ Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 d. Property Off -premises You may extend the insurance provided by this Coverage Form to apply to your Covered Property that is temporarily at a location you do not own, lease or operate; in storage at a location you lease, provided the lease was executed after the beginning of the current policy term; or that is in the care, custody or control of your salespersons. This Extension applies only if loss or damage is caused by a Covered Cause of Loss. This extension does not apply to Covered Property in or on a vehicle. The most we will pay for loss or damage under this Extension is $50,000 but not more than: (1) $25,000 per salesperson; or (2) $50,000 at any fair, trade show or exhibition. e. Property In Transit You may extend the insurance provided by this Coverage Form to apply to your Covered Property (including property that is in the care, custody or control of your salesperson) in transit in or on a motor vehicle you own, lease or operate while between points within the coverage territory and more than 1,000 feet from the described premises. Loss or damage must be caused by or result from one of the following causes of loss: (1) Fire, lightning, explosion, windstorm or hail, riot or civil commotion, or vandalism. (2) Vehicle collision, upset or overturn. Collision means accidental contact of your vehicle with another vehicle or object. It does not mean your vehicle's contact with the road bed. HK1054 (04-2017) page 13 Endorsement IL 20 Contractors' Optimum Endorsement (3) Theft of an entire bale, case or package by forced entry into a securely locked body or compartment of the vehicle. There must be visible marks of the forced entry. The most we will pay for Foss or damage under this Extension is $25,000. f. Non -Owned Detached Trailers (1) You may extend the insurance that applies to Your Business Personal Property to apply to loss or damage to trailers that you do not own, provided that: (a) The trailer is used in your business; (b)The trailer is in your care, custody or control at the premises described in the Declarations; and (c) You have a contractual responsibility to pay for loss or damage to the trailer. (2) We will not pay for any loss or damage that occurs: (a) While the trailer is attached to any motor vehicle or motorized conveyance, whether or not the motor vehicle is in motion. (h)During hitching or unhitching operations, or when a trailer becomes accidentally unhitched from a motor vehicle or a motorized conveyance. (3) The most we will pay for loss or damage under this Extension is $5,000, unless a higher limit is shown in the Declarations. (4) This insurance is excess over the amount due (whether you can collect Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 on it or not) from any other insurance covering such property. g. Business Personal Property Temporarily In Portable Storage Units (1) You may extend the insurance that applies to Your Business Personal Property to apply to such property while temporarily stored in a portable storage unit (including a detached trailer) located within 1,000 feet of the building or structure described in the Declarations or within 1,000 feet of the premises described in the Declarations, whichever distance is greater. (2) If the applicable Covered Causes of Loss form or endorsement contains a limitation or exclusion concerning loss or damage from sand, dust, sleet, snow, ice or rain to property in a structure, such limitation or exclusion also applies to property in a portable storage unit. (3) Coverage under this Extension: (a) Will end 90 days after the business personal property has been placed in the storage unit; (b)Does not apply if the storage unit itself has been in use at the described premises for more than 90 consecutive days, even if the business personal property has been stored there for 90 or fewer days as of the time of loss or damage. (4) Under this Extension, the most we will pay for the total of all loss or damage to business personal property is $10,000 (unless a higher limit is indicated in the Declarations for such HK1054 (04-2017) page 14 Endorsement --FL 20 Contractors' Optimum Endorsement Extension) regardless of the number of storage units. Such limit is part of, not in addition to, the applicable Limit of Insurance on Your Business Personal Property. Therefore, payment under this Extension will not increase the applicable Limit of Insurance on your Business Personal Property. (5) This Extension does not apply to loss or damage otherwise covered under this Coverage Form or any endorsement to this Coverage Form or policy and does not apply to loss or damage to the storage unit itself. h. Outdoor Property You may extend the insurance provided by this Coverage Form to apply to your outdoor fences, radio and television antennas (including satellite dishes), trees, shrubs and plants (other than trees, shrubs or plants which are "stock" or are part of a vegetated roof) including debris removal expense, caused by or resulting from any of the following causes of loss: (1) Fire; (2) Lightning; (3) Explosion; (4) Riot or Civil Commotion; or (5) Aircraft. The most we will pay for loss or damage under this Extension is $25,000, but not more than $1,000 for any one tree, shrub or plant. This limit applies to any one occurrence, regardless of the types or number of items lost or damaged in that occurrence. Subject to all aforementioned terms and limitations of coverage, this Coverage Extension includes the expense of removing from the described premises Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 the debris of trees, shrubs and plants which are the property of others, except in the situation in which you are a tenant and such property is owned by the landlord of the described premises. i. Fine Arts You may extend the insurance provided by this Coverage Form to apply to Fine Arts owned by you or in your care, custody or control, that are not held for sale by you, at the premises in the Declarations. As used in this Extension, Fine Arts means paintings, etchings, pictures, tapestries, art glass windows, and other bona fide works of art or rarity., historical value or artistic merit. The limit for this Coverage Extension is subject to the $500,000 Per Loss Aggregate Limit for certain coverages specified in this endorsement. In the event of a covered loss, payment for Fine Arts will be valued at the Market Value of the item(s) at the time of loss_ Coveragedoes not extend to Fine Arts at any fair, trade show or exhibition. j. Consequential Loss You may extend the insurance provided by this Coverage Form to pay the reduction in value of the remaining parts of "stock" when the reduction is caused by direct physical loss or damage from a Covered Cause of Loss to other part-, of "stock" at the described premises. In the application of the Coinsurance Additional Condition, the value of "stock" at any location to which this Extension applies includes the additional value that it represents in "stock!' at other locations. HK1054 (04-2017) page 15 Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Endorsement IL 20 Policy Number: CPP 2771706 Contractors' Optimum Endorsement The limit for this Coverage Extension is subject to the $500,000 Per Loss Aggregate Limit for certain coverages specified in this endorsement. k. Deferred Payments In the event of a loss under this Extension, coverage will be paid based on the value of the amount shown on your books as due from the buyer. In case of a partial loss and the buyer refuses to continue payment, forcing you to repossess, the amount of the loss will be determined as follows: We will pay for expenses you incur due to your interest in Business Personal Property lost or damaged by a Covered Cause of Loss and sold by you under a conditional sale or trust agreement, or any installment or deferred payment plan after delivery to the buyer. (1) If the realized value of the repossessed property is equal to or greater than the amount shown on your books as due from the buyer, we will make no payment. (2) If the realized value of the repossessed property is less than the amount shown on your books as due from the buyer, we will pay the difference. (3) If a partial loss occurs and the buyer continues to pay you, there will be no loss payment made under this Extension. The most we will pay under this Extension is $1.0,000 for any one occurrence during the policy period. 1. Mobile Equipment On Premises mobile equipment such as forklifts, lawn mowers, tractors and similar vehicles, including equipment which you rent. This Extension does not apply to vehicles which are licensed for use on public roads, or which are insured elsewhere. The limit for this Coverage Extension is subject to the $500,000 Per Loss Aggregate Limit for certain coverages specified in this endorsement. m. Utility Services - Direct Damage You may extend the insurance provided by this Coverage Form to pay for loss or damage to Covered Property caused by an 'interruption in utility service to the described premises. The interruption in utility service must result from direct physical loss or damage by a Covered Cause of Loss to Utility Property. Utility Property includes water supply property, conununication supply property and power supply property. Exception: Coverage under this endorsement for loss or damage to Covered Property does not apply to loss or damage to electronic data, including destruction or corruption of electronic data. The term electronic data has the meaning set forth in the Coverage Form to which this endorsement applies. As used in this Extension, Utility Services means: (1) Water Supply Services, meaning the following types of property supplying water to the described premises: (a) Pumping stations; and (b) Water mains. You may extend the insurance provided (2) Communication Supply Services, by this Coverage Form to apply to your meanie property gl' t' y HK1054 (04-2017) page 16 IEndorsement IL 20 Contractors' Optimum Endorsement communication services, including telephone, radio, microwave or television services to the described premises, such as: (a) Con-u-nunication transmission lines, including fiber optic transmission lines; (b) Coaxial cables; and (c) Microwave radio relays except satellites. (3) Power Supply Service, meaning the following types of property supplying electricity, steam or gas to the described premises: (a) Utility generating plants; (b) Switching stations; (c) Substations, (d) Transformers; and (e) Transmission lines. As used in this Extension the term transmission lines includes all lines which serve to transmit communication service or power, including lines which may be identified as distribution lines. TheLimit of Insurance for this Extension is subject to the $500,000 Per Loss Aggregate Limit for certain coverages specified in this endorsement. Loss or damage to two or more Utility Properties arising out of the same occurrence will be considered one occurrence. n. Appurtenant Structures You may extend the insurance that applies to Building to apply to your storage buildings, your garages and your other appurtenant structures, except outdoor fixtures,, at the described premises. The most we will pay for Building loss or damage under this extension is $50,000. Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 You may extend the insurance that applies to Business Personal Property to apply to such property in your storage buildings, your garages and your other appurtenant structures at the described premises. The most we will pay for Business Personal Property under this Extension is $5,000, o. Ornamental Display Gardens You may extend the insurance provided by this Coverage Form to apply to ornamental display gardens, used for display or promotional purposes, located at the described prernises nor within 1,000 feet of the personal residence of a landscape or nursery proprietor, partner, officer, or designated employee. The most we will pay for loss or damage under this Extension is $10,000. p. Ornamental Landscape Displays You may extend the insurance provided by this Coverage Form to apply to ornamental masonry or stone bridges, walks, patios, retaining walls or similar surfaces,, or wooden landscaping bridges, gazeboes, storage sheds or similar structures, used for display or promotional purposes, located at the described premises or within 1,000 feet of the personal residence of a landscape or nursery proprietor,, partner, officer, or designated employee. The most we will pay for loss or damage under this Extension is $10,,000. q. Outdoor Growing Stock You may extend the insurance provided by this Coverage Form to apply to growing stack. Growing stock means: HK1054 (04-2017) page 17 Endorsement IL 20 Contractors' Optimum Endorsement (1) Seeds, seedlings, bulbs, cuttings, or cultivated plants or trees, from the time they are deposited in the ground, until removed from the ground; and (2) Outdoor trees, shrubs and plants held for sale that are contained in pots, flats, or other similar individual containers. The most we will pay for loss or damage under this Extension is $25,000. IV. Section C. Limits Of Insurance is replaced in its entirety with the following: C. Limits Of Insurance 1. The most we will pay for loss or damage in any one occurrence is the applicable Limit of Insurance shown in the Declarations. Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 1. item 7. Valuation c. "Stock" is replaced with the following: c. We will determine the value of "stock" you own in the event of loss or damage at: (1) The selling price, as if no loss or damage occurred; and (2) Less discounts and expenses you otherwise would have had. The following changes apply to the CAUSES OF LOSS - SPECIAL FORM. VI. Under Section F. Additional Coverage Extension, Item 1. Property In Transit is deleted in its entirety. The following changes apply to the BUSINESS COMPUTER COVERAGE FORM as specified. 2. The most we will pay for loss or damage VII. We will pay for all risks of direct physical loss, to outdoor signs, whether or not the sign subject to the exclusions and provisions is attached to a building, is $25,000 per contained in BUSINESS COMPUTER sign in any one occurrence. COVERAGE FORM IM 7203, which is attached to and made part of this policy. S. The Limit Of Insurance for Business Personal Property stated in the Declarations will automatically increase by 25% to provide for seasonal variations. This seasonal increase is subject to the $500,000 Per Loss Aggregate Limit for certain coverages specified in this endorsement. 4. Except as otherwise specified, the limits applicable to Additional Coverages and to Coverage Extensions are in addition to the Limit Of Insurance. 5. Payments under the following Additional Coverage will not increase the applicable Limit of Insurance: a. Preservation of Property. V. The following amends specified provisions stated under Section E. Loss Conditions: The limit for this Coverage Extension is subject to the $500,000 Per Loss Aggregate Limit for certain coverages specified in this endorsement. Coverage may extended up to $10,000 while the Covered Property is anywhere within the policy territory, and while in transit; however, this Extension does not increase the Limit of Insurance at each described premises. The following changes apply to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM as specified: VIII. Expected Or Intended Injury Exclusion 2.a. under Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced with the following: HK1054 (04-2017) page 18 Endorsement IL 20 • • •• "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury' and "property damage" resulting from the use of reasonable force to protect persons or property. LX Coverage For Injury To Leased Workers A. With respect to Exclusion 2.e. Employer's Liability of Section I - Coverage A - Bodily Injury And Property Damage Liability, the definition of "employee" in Section V - Definitions is replaced by the following: 5. "Employee" does not include a "leased worker" or "temporary worker". X. Non -Owned Watercraft Exclusion g.(2) under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced with the following: (2) A watercraft you do not own that is (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge. XI. Increased Limit For Damage To Premises Rented To You A. Section I - Coverage A - Bodily Injury And Property Damage Liability, 2. Exclusions is amended as follows: 1. The fourth from the last paragraph of Exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems) to premises, including the contents of sudz premises, rented to you for a period Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as Described in Section III -Limits Of Insurance. 2. The last paragraph of 2. Exclusions is replaced by the following- Exclusions ollowingExclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. B. Section III - Limits Of Insurance, Paragraph 6., is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by fire, explosion, lightning, smoke, or leakage from automatic fire protection systems, xvhile rented to you or temporarily occupied by you with the permission of the owner. The limit is the greater of- a. f a. $300,000; or b. The amount shown in the Declarations for Damage To Premises Rented To You Limit. C. The word "fire" is changed to "fire, lightning, explosion, smoke, or leakage from automatic fire protection systems" wherever it appears in: 1. Condition 4.b.(1)(a)(ii) of Section IV - Commercial General Liability Conditions; and page 19 Endorsement IL 20 Contractors' Optimum Endorsement 2. 9.a. of Section V - Definitions. XII. Lost Key Coverage A. Coverage for "bodily injury" and "property damage" liability with respect to the insured's operations is extended as follows: 1. We will pay those sums that you become legally obligated to pay as damages due to loss of keys by an insured in the course of your business. The keys must be loaned to the insured or in the care, custody or control of the insured. 2. The additional insurance provided by this endorsement does not apply to: (a) Misappropriation; (b) Secretion; (c) Conversion; (d) Infidelity; or (e) Any dishonest act on the part of the insured. 3. The additional insurance provided by this endorsement applies only to: (a) The actual cost of the keys; (b) Adjustment of locks to accept new keys; and (c) The cost of new locks, including the cost of their installation. B. The most we will pay for loss or damage resulting from any "occurrence" under this provision XII. is $5,000. C. A deductible of $100 applies to any loss or damage resulting from any one "occurrence" regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount that has been paid by us. Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 D. This coverage extension issubject to the following: 1. Exclusion j. Damage To Property, Paragraph j.(3) and j.(4) of Section I Coverage A - Bodily Injury And Property Damage Liability do not apply to the loss of keys by an insured. 2. Subparagraph 2.a.(2) of Section II - Who Is An Insured does not apply to this additional insurance. XIII. Property Damage To Borrowed Equipment A. Exclusion j.(4) under Paragraph 2. Exclusions of Section I -Coverage A Bodily Injury And Property Damage Liability does not apply to "property damage" to borrowed equipment while that equipment is: 1. Not being used to perform operations; and 2. Away from an insured's premises. B. Subject to Paragraph 5 in Section III - Limits Of Insurance, Coverage A the most we will pay for damages because of "property damage to equipment you borrow from others is $25,000 per "occurrence". C. The insurance afforded by provision XIII. Property Damage To Borrowed Equipment is excess over any valid and collectible property insurance available to the insured. XIV. Limited Care, Custody Or Control Liability Coverage A. Insuring Agreement With respect to the coverage provided by XIV. Limited Care, Custody Or Control Liability Coverage, the following is added to Paragraph 1.a. of Section I - Coverage A - Bodily Injury And Property Damage Liability: HK1054 (04-2017) page 20 Endorsement IL 20 Contractors' Optimum Endorsement We will pay all sums that the insured becomes legally obligated to pay as damages because of "loss" to property of others while in the care, custody or control of the insured. B. Exclusions With respect to the coverage provided by this coverage extension: 1. Exclusions 2.j.(4) and 2.j.(5) of Section I - Coverage A - Bodily Injury And Property Damage Liability do not apply; and 2. The following additional exclusions are added to Section I - Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to "loss" to property: (a) Held by the insured for sale or entrusted to the insured for storage or safekeeping; (b)Owned or occupied by, rented or leased to, or loaned to any insured; (c) included in the "products -completed operations hazard"; and (d) Arising from errors or mistakes in design, plans or specifications conunitted by or on behalf of the insured. C. Limit Of Insurance With respect to the coverage provided by XIV. Limited Care, Custody Or Control Liability Coverage, the following is added to Section III - Limit Of Insurance: 1. The most we will pay for "loss", including all resulting loss of use of that property, as a result of any one "occurrence" under this coverage is $25,000. However, the most we will pay Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 4321 6-1 21 8 Policy Number: CPP 2771706 for the sum of all "loss", including all resulting loss of use of property, as a result of all occurrences" under this coverage is $50,000. These limits are part of, and not in addition to, the Each Occurrence and General Aggregate limit. 2.. We will not pay fora "loss in any one "occurrence" until the amount of "loss" exceeds the deductible shown under D. Deductible. We will then pay the amount of "loss" or damage in excess of the deductible, up to the applicable limit of insurance. D. Deductible 1. We are not obligated to pay any "loss" until such "loss" exceeds $250. We will then pay the amount of "loss" in excess of the deductible, up to the applicable limit of insurance. This deductible amount applies to all "loss" to real or personal property belonging to others as the result of any one 'occurrence". 2. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by US. 3. The terms of this insurance, including those with respect to: (a) Our right and duty to defend any "suits" seeking those damages; and (b)Your duties in the event of an "occurrence", claim or "suit", apply irrespective of the application of the deductible amount. E. Excess Insurance This insurance is excess over any other collectible insurance available to the insured. HK1054 (04-2017) page 21 Endorsement IL 20 Contractors' Optimum Endorsement F. Additional Definition The following is added to Section V - Definitions: "Loss" means any unintentional damage or destruction but does not include disappearance, abstraction or theft. XV. Voluntary Property Damage Coverage A. Insuring Agreement With respect to the coverage provided by XV. Voluntary Property Damage Coverage, the following is added to Paragraph I.a. of Section I - Coverage A - Bodily Injury And Property Damage Liability: At your request, we wiI I pay for a "loss" to property of others caused by you and while in your possession, arising out of your business operations and occurring during the policy period even if you are not legally liable, if such property is otherwise subject to this coverage. B. Exclusions With respect to the Voluntary Property Damage Coverage: 1. Exclusions 2+(4) and 2.j.(5) of Section I - Coverage A - Bodily Injury And Property Damage Liability do not apply; 2. The following additional exclusions are added to Section I - Coverage Bodily Injury And Property Damage Liability: This insurance does not apply to "loss" to property: (a) Held by the insured for sale or entrusted to the insured for storage or safekeeping: (b) Owned or occupied by, rented or leased to, or loaned to any insured; Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 (c) Included in the "products - completed operations hazard', or (d) Arising from errors or mistakes in design, plans or specifications committed by or on behalf of the insured. C. Limit Of Insurance With respect to Voluntary Property Damage Coverage, the following is added to Section III - Limit Of Insurance: 1. The most we will pay for "loss", including all resulting loss of use of that property, as a result of any one "occurrence" under this coverage is $5,000. However, the most we will pay for the sum of all "loss", including all resulting loss of use of property, as a result of all "occurrences" tinder this coverage is $25,000. These limits are part of, and not in addition to, the Each Occurrence and General Aggregate limit. 2. We will not pay for "loss" in any one "occurrence" until the amount of"loss" exceeds the deductible shown under D. Deductible. We will then pay the amount of "loss" in excess of the deductible, up to the applicable limit of insurance. D. Deductible 1 With respect to Voluntary Property Damage Coverage, we are not obligated to pay any "loss" until such "loss" exceeds $250. We will then pay the amount of "loss" in excess of the deductible, up to the applicable limit of insurance. This deductible amount applies to all "loss" to real or personal property belonging to others as the result of any one "occurrence". 2. We may pay any part or all of the deductible amount to effect settlement of HKI054 (04-2017) page 22 I Endorsement IL 20 Contractors' Optimum Endorsement any claim or "suit" and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as has been paid by US. E. Excess Insurance This insurance is excess over any other collectible insurance available to the insured, F. Additional Definition The following is added to Section V - Definitions: "Loss" means any unintentional "property darnage" but does not include disappearance, abstraction or theft. We will not pay for any "loss" under XIV. Limited Care, Custody Or Control Liability Coverage unless you are legally liable. If we provide coverage for the same "loss" under XIV. Limited Care, Custody Or Control Liability Coverage and XV. Voluntary Property Damage Coverage, the most we will pay for the "loss" under the two coverages combined is $30,000_ XVI. Aggregate Limit Per Location For all sums which the insured becomes legally obligated to pay as darnages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical expenses caused by accidents under Section I - Coverage C - Medical Payments, which can be attributed only to operations at a single designated "location" shown in the Declarations: 1. A separate Location General Aggregate Limit applies to each "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 2. The Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-cornpleted operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Location General Aggregate Limit for that "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor -,hall they reduce any other Location General Aggregate Limit for any other "location" shown in the Declarations. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continuo to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Location General Aggregate Limit. XVII. Aggregate Limit Per Project For all sums which the insured becornes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical expenses caused by accidents under Section I - Coverage C - Medical Payments, which can be attributed only to ongoing operations at a single construction project: HK1054 (04-2017) page 23 IEndorsement IL 20 1 Contractors' Optimum Endorsement 1. A separate Construction Project General Aggregate Limit applies to each construc- tion project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A - Bodily Injury And Property Damage Liability, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C - Medical Payments regardless of the number of: a. Insureds; b. Claims made or "suits" brought, or c. Persons or organizations making claim,,; or bringing "suits". 3. Any payments made under Coverage A - Bodily Injury And Property Damage Liability for damages or under Coverage C- Medical Payments for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce any other Construction Project General Aggregate Limit for any other construction project. XVIII. Supplementary Payments Increased Limits Under Supplementary Payments - Coverage A. and B. of Section 1: A. Paragraph I.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 B. Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of tirne off work. XIX. Broad Form Named Insured Section 11 - Who Is An Insured is amended to include as a Named Insured any organization or subsidiary thereof which is a legally incorporated entity of wliid-i you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement. This provision XIX does not apply to "bodily injury", "property damage" or "personal and advertising injury" with respect to which a Named Insured under this policy is also a Named Insured under another policy or would be a Named Insured under such policy but for its termination or upon exhaustion of its limits of insurance. 'OC Additional Insureds Required By Contract A. Section 11 - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement or that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage". or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, HK1054 (04-2017) page 24 IEndorsement IL 20 1 Contractors' Optimum Endorsement in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or" personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including, but not limited to: a. The preparin& approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. XXI. Additional Insured - Lessor Of Leased Equipment - Automatic Status When Required In Lease Agreement With You A. Section 11 - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "properly damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person's or organization's status as an additional insured under this provision XXI. ends when their contract or agreement with you for sucti, leased equipment ends. This provision W. Does not apply to any person or organization included as an additional insured by an endorsement issued by us and made a part of the Coverage Form. a. All work, including materials, parts or B. With respect to the insurance afforded to equipment furnished in connection these additional insureds, this insurance with such work-, on the project (other does not apply to any "occurrence" which HK1054 (04-2017) page 25 Endorsement IL 20 Contractors' Optimum Endorsement takes place after the equipment lease expires. XXII. Additional Insured - Managers Or Lessors Of Premises When Required in Written Lease Agreement With You Section II - Who Is An Insured is amended to include as an additional insured when required in a written lease agreement, any person(s) or organization(s) from whom you have leased premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the manager or the lessor. XXIII. Additional Insured - State Or Political Subdivisions Automatic Status When Required For Permits 1. Section II - Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 2. This insurance does not apply to: a. 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal. government, state or municipality; or Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 in, moklmr, b. "Bodily injury" or "property damage" included within the "products - completed operations hazard". With respect to the insurance afforded to these additional insureds in provisions XX., XXI., WI. and XXIII., the following is added: 1. The insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. c. Does not apply unless the written lease agreement has been executed prior to the "bodily injury", "property damage", or "personal or advertising injury". 2. The following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. Provisions XX., XXI., XXII. and XXIII. shall not increase the applicable Limits of Insurance shown in the Declarations and do not apply to any person(s) or organization(s) included as an additional insured by an endorsement issued by us and made a part of the Coverage Form. HK1054 (04-2017) page 26 Endorsement IL 20 Contractors' Optimum Endorsement XXIV. Incidental Medical Malpractice Paragraph 2.a.(1)(d) of Section II - Who Is An Insured, does not apply to your "employees" who provide professional health care services on your behalf as duly licensed: 1. Nurses; 2. Emergency Medical Technicians; or 3. Paramedics in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. This coverage does not apply if you are in the business or occupation of providing any such professional services. XXV. Newly Formed Or Acquired Organizations As Named Insureds A. Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain an ownership interest of more than 50 percent of such organization, will qualify a-, a Named Tnsured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; e. Coverage B does not apply to "personal and advertising injury" arising out of an offense conunitted before you acquired or formed the organization; and d. Coverage A does not apply to Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 "damage to your products" that occurred before you acquired or formed the organization. An additional premium will apply in accordance with our rules and rates in effect on the date you acquired or formed the organization. B. The last paragraph of Section II - Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. XXVI. Medical Payments Increased Limits The Medical Expense Limit shown in the Declarations is increased to $10,0100. XXVII. Electronic Data Liability A. Exclusion 2.p. of Coverage A -Bodily Injury And Property Damage Liability in Section I - Coverages is replaced by the fallowing: Z. Exclusions This insurance does not apply to: p. Electronic Data Damages arising out of the loss of, loss of use of, darnage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury B. The following paragraph is added to Section III - Limits Of Insurance: 8. Subject to 5. above, the Loss of Electronic Data Limit of $10,000 is the most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one 'occurrence". HK1054 (04-2017) page 27 Endorsement IL.. 20 Contractors' Optimum Endorsement C. The fallowing definition is added to the Section V Definitions: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this provision XXVII., the definition of "property damage" in Section V - Definitions is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of"electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. XXVIII. Duties In The Event Of Occurrence, Offense, Claim Or Suit - Redefined A. The requirement in Condition 2.a. of Section IV - Commercial General Liability Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 4321 6-1 21 8 Conditions that you must see to it that we are notified of an "occurrence" only applies when the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An officer of the corporation if you are a corporation; 4. Your members and managers, if you are a limited liability company; 5. Your insurance manager; or 6. The trustee, if you are a trust. B. The requirement in Condition 2.b. of Section IV - Commercial General Liability Conditions that you must see to it that we receive written notice of a claim or "suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An officer of the corporation if you are a corporation; 4. Your members and managers if you are a limited liability company; 5_ Your insurance manager; or 6. The trustee, if you are a trust. XXIX. Blanket Primary And Noncontributory - Other Insurance Condition Section IV - Commercial General Liability Conditions, is amended by the addition of the following to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance provided under this policy shall apply on a primary basis and shall not seek contribution from any other insurance available to an additional insured added to this policy by provisions XX., XXI., XXII. and )OWL, subject to the fallowing conditions: HK1054 (042017) page 28 IEndorsement IL 20 1 Contractors' Optimum Endorsement Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 4321 6-1 21 8 Policy Number: CPP 2771706 1. The additional insured is a Named XXXI. Mobile Equipment Redefined Tnsured under such other insurance; and Paragraph 12.f.,, subparagraph (1) of Section 2. You have agreed in writing in a contract V - Definitions does not apply to self - or agreement that this insurance would propelled vehicles of less than 1,000 pounds be primary and would not seek gross vehicle weight. contribution from any other insurance XXXII. Unintentional Failure To Disclose Hazards available to the additional insured. XXX. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required Within A Written Agreement With You - Blanket Section IV - Commercial General Liability Conditions, 8. Transfer Of Rights Of Recovery Against Other To Us is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of. 1. Your ongoing operations or "your work' done under a written contract with that person or organization and included in the "products -completed operations hazard" or f Any unintentional error or omission in the description of, or failure to completely describe, any premises or operations intended to be covered by this Coverage Form will not invalidate or affect coverage for those premises or operations. However, you must report such error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium as a result of any unintentional error or omission. In addition, this provision does not affect our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. XXXIII. Liberalization Clause 2. The ownership, maintenance or use of that part of the premises leased to you. The waiver applies only to a person or organization with whom you have a written contract or agreement in which you are required to waive the rights of recovery under this policy, but only to the extent that subrogation is waived prior to any injury or damage under a contract with that person or organization. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. If we revise this Contractors' Optimum Endorsement to provide more coverage without additional premium charge, your Policy will automatically Provide tho additional coverage as of the day the revision is effective in your state. Includes copyrighted material of Insurance Services Office, Inc., with its permission. HK1054 (04-2017) page 29 Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 4321 6-1 21 8 Endorsement CG 38 Policy Number: CPP 2771701 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are required by a written contract or agreement,, executed by both parties prior to the date of loss, to add as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for the additional insured and included in the "products -completed operations hazard". But such person or organization is not an additional insured under this policy for any works, claims, losses, damages, acts or omissions of any kind that are unrelated to "your work" for such entity. B. With respect to the insurance afforded to these additional insureds, the following additional limitations and exclusions apply: This insurance does not apply to any "bodily injury" or "property damage" resulting from any act or omission by, or willful n-dsconduct of the additional insured, whether the sole or a contributing cause of the loss. Coverage afforded to the additional insured is limited solely to the additional insured's "vicarious liability" that is a specific and direct result of your conduct. "Vicarious liability" is defined in this endorsement as liability that is imposed on the additional insured solely by virtue of its relationship with you, and not due to any act or omission of the additional insured. 2. The insurance afforded to such additional insured only applies to the extent permitted by law; and 3. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance Shown in the Declarations; whichever is less. D. If you have agreed in a written contract or agreement that this policy will be primary, and without right of contribution from any insurance issued to that additional insured, and the contract or agreement was executed prior to the "bodily injury" or "property IN133 (06-2015) Page 1 of 2 IEndorsement CG 38 mqjmgLew, rgel ml 21• damage"" then this insurance will be primary over, and we will not seek contribution from, such insurance. The primary and noncontrib- utory provision applies only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for the additional insured and included in the "products -completed operations hazard". This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Grange Mutual Casualty Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CPP 2771706 Includes copyrighted material from the Insurance Services Office, Inc. with its permission. IN133 (06-2015) Page 2 of 2 EndorsementA 60 Business Auto Optimum THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. With respect to the coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by the endorsement. NOMA a MAO 91 11 A. Broad Form Insured Paragraph A.1., Who Is An Insured, is amended to include as an insured: d, Any legally incorporated entity of which you own more than 50 percent of the voting stock during the period for which this endorsement is effective, if there is no similar insurance available to that organization. However: (1) The Named Insured does not include any organization: (a)that is a partnership or joint venture, or (b)that is an insured under any other policy, or has exhausted its Limit of Insurance under any other policy. Paragraph d.(1)(i) above does not apply to a policy written to apply specifically in excess of this policy. (2) Coverage for newly acquired or formed organizations is afforded only for 180 days from the date of acquisition or formation. (3) Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired that organization. e. Employees As Insureds - Non -ownership Grange Insurance Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CA 2771709 Any employee of yours is an "insured": (1) While using a covered "auto" you don't own, hire or borrow in your business or personal affairs; or (2) While operating an "auto" hired or rented without a driver under contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. f. Blanket Additional Insureds Any person or organization whom you are required in a written contract or agreement to include as an additional "insured" with respect to your ownership, maintenance or use of a covered "auto'. This provision only applies to written contracts or agreements that are signed prior to any "bodily injury" or "property damage" to which coverage applies. Coverage under this provision (f.) shall be primary and non-contributory with respect to the person or organization included as an "insured" under this provision(f.), but only if the written contract or agreement requires coverage to be primary and non-contributory, B. Increased Supplementary Payments Paragraphs 2.a.(2) and (4) Supplementary Payments are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $500 a day because of time off from work. Contains copyrighted material of ISO Properties, Inc., used with permission CKKI04 (10-2016) continued... Endorsement CA.60 Business Auto Optimum C. Amended Fellow Employee Exclusion Exclusion 5., under Paragraph B., Exclusions, of SECTION II - COVERED AUTOS LIABILITY COVERAGE, does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. The insurance provided under this provision is excess over any other collectible insurance. SECTION III - PHYSICAL DAMAGE COVERAGE The following coverages are added to Paragraph A. Coverage, of`SECTION III - PHYSICAL DAMAGE COVERAGE: 5. Fired Auto Physical Damage Coverage (Other Than "Mobile Equipment") If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss, or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Darnage coverages provided are extended to "autos you hire, subject to the following: a. The most we will pay for "loss to any hired "auto" is the lesser of. (1) $75,000; (2) Actual Cash Value; or (3) Cost of Repair. b. For each hired "auto", our obligation to pay for "loss" will be reduced by the deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. c. The insurance provided under this coverage extension is primary over any other collectible insurance. d. Subject to the above limit, deductible and excess provisions, we will provide coverage Grange Insurance Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CA 2771709 equal to the broadest coverage applicable to any covered "auto" you own. e. Subject to a maximum limit of $500 per "accident", we will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable for, and the lessor incurs an actual financial loss. 6. Air Bag Coverage We will pay up to a maximum of $1,000 per occurrence to have air bags in your covered "auto" replaced for an incurred "loss" resulting from accidental deployment. Collision, Specified Causes of Loss, and Comprehensive deductibles do not apply to this coverage. 7. Additional Living Expense We will pay up to $25 a day, to a maximum of $400 for additional living expenses, meaning food, lodging and telephone costs, incurred by you due to a covered "loss" caused by: a. Comprehensive only if the Declarations indicate that Comprehensive Coverage is provided for that "auto". b. Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for that auto. c. Collision only if the Declarations indicate that Collision Coverage is provided for that auto. This coverage applies only in the event that the "loss": a. Disables a covered "auto"; and b. Occurs more than 100 miles from the insured address shown in the Declarations or the garaging address of your covered "auto", if it is different from the insured address. We will pay the additional living expenses incurred until your covered "auto" is returned to use or we pay for its "loss". CKK104 (10-2016) page 2 Endorsement CA 60 Business Auto Optimum 8. Locked Vehicle Coverage We will pay to have your covered "auto" unlocked if your vehicle's keys are locked inside your covered "auto". Collision, Specified Causes of Loss, and Comprehensive deductibles do not apply to this coverage. 9. Rental Reimbursement Coverage The following coverage is added to SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A. Coverage: a. This coverage applies only to a covered "auto" described in the policy. b. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductible applies to this coverage. c. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending; regardless of the policy's expiration, at a maximum of 30 days. d. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred. (2) A maximum payment of $60 per day. e. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. f. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the PHYSICAL DAMAGE COVERAGE Coverage Extension. Grange Insurance Company P.O. Box 1218 Columbus, Ohio 43216-1218 Policy Number: CA 2771709 10. Loan Lease Gap Coverage In the event of a total "loss" to a covered "auto" shown in the Schedule or Declarations we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. The amount paid under SECTION III - PHYSICAL DAMAGE COVERAGE of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss",- (2) loss';(2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. The following chanes have been niade to SECTION III - PHYSICAL DAMAGE COVERAGE: A. Towing and Labor Paragraph A.2. Towing under SECTION III - PHYSICAL DAMAGE COVERAGE, is deleted and replaced by the following: 2. Towing and Labor We will pay towing and labor costs incurred up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: CKKI04 (10-2096) page 3 Grange Insurance Company P.O. Box 1218 Columbus, Ohio 43216-1218 Endorsement —67A 601 Policy Number: CA 2771709 Business Auto Optimum a. For private passenger type vehicles or "light trucks" we will pay to up $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. b. For "medium trucks" we will pay up to $175 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001-20,000 pounds. However, the labor must be performed at the place of disablement. B. Physical Damage Increased Transportation Expense Coverage Coverage for temporary transportation expense under 4. Coverage Extensions, a. Transportation Expenses, is increased to $50 per day, up to a maximum limit of $1,000, C. Glass Repair - Waiver of Deductible The following is added to Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible applies to glass, damage if the glass is repaired rather than replaced. SECTION IV - BUSINESS AUTO CONDITIONS A. Unintentional Failure to Disclose Hazards Paragraph B, General Conditions, is amended by adding the following: 9. Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose any hazards or exposures existing as of the inception date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard or exposure as soon as practicable after its discovery; and we have the right to collect additional premium for same. B. Waiver Of Transfer Of Rights Of Recovery Against Others To Us - Automatic Status Under An Insured Contract Under SECTION IV, BUSINESS ALTO CONDITIONS, A.5. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following paragraphs: a. We waive any right of recovery we may have against any person or organization described in Paragraph b. below because of payments we make for "bodily injury" or "property damage" caused by an "accident" and resulting from the ownership, maintenance,, or use of a covered "auto" in performance of work being performed under a contract with that person or organization, b. The waiver applies only to a person or organization with whom you have a written contract or agreement in which you are required to waive the rights of recovery under this policy, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CKK104 (10-2016) page 4 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver - Any person or organizationfor whom the Named Insured has agreed by written contract to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Insured Insurance Company Accident Fund Insurance Company of America WC 00 03 13 (Ed. 4-84) ©1983 National Council on Compensation Insurance. Effective Policy No. WCV6168314 Endorsement No. Premium Countersigned by. 0.14 M I Tol-M PERFORMANCEO NO.: a MILTON,CITY OF 1 KNOW ALL MEN BY THESE PRESENTS THAT Tri Scapes, Inc, (as CONTRACTOR, hereinafter referred to as the "Principal"), and Hartford Fire Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of the City, in the sum of Eleven Thousand Nine Hundred Seventy -Five Dollars ($11,975.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Milton Public Works Yard — Driveway Apron (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the "CONTRACT"). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments; changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor's Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions, and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach or default of the Contract; a. The Contractor's Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) calendar days after written notice from the City to the Contractor's Surety; and b. The means, method or procedure by which the Contractor's Surety undertakes to perforin its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor's Surety hereby waives notice of any and all modifications, omissions, additions, changes, and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys -in -fact; as set forth below. CONTRACTOR ("Principal"): Tri Title: Attest: / Date: (signature) 06111vi(print) Title: �4 , go Date: (%//�F1,9-v,�).o t o b eCC c— 1 y 4w -t, v1 ° rixit} ; „ : c • EA •'•e • G E O ,,YYYYYY11111°•� CONTRACTOR'S SURETY: Hartford Fire Insurance Company Lture) Christy Lackey (print) Title: Attorney In Fact (SEAL) Attest: Date: ' ture) Kar Maynard (print) Title: Account Manager Date: (ATTACH SURETY'S POWER OF ATTORNEY) C:'ITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Tri Scapes, Inc. (as CONTRACTOR, hereinafter referred to as the "Principal"), and Hartford Fire Insurance Company (as SURETY COMPANY, hereinafter referred to as the "CONTRACTOR'S SURETY"), are held and firmly bound unto City of Milton, Georgia (as OWNER, hereinafter referred to as the "City"), for the use and benefit of any "Claimant," as hereinafter defined, in the sum of Eleven Thousand Nine Hundred Seventy -Five Dollars ($11,975.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor's Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, finely by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City for the construction of a project known as Milton Public Works Yard Driveway Apron (hereinafter referred to as "the PROJECT"), which agreement is incorporated herein by reference in its entirety (hereinafter referred to as the" CONTRACT"). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services, and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in Rill force and effect. A "Claimant" shall be defined herein as any subcontractor, person, party, partnership, corporation, or other entity furnishing labor, services, or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services, or materials were sold, leased, or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any subcontractor performing work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a lien against the property of the City affected by the Contract, the Contractor's Surety shall either settle or resolve the Claim and shall remove any such lien by bond or otherwise as provided in the Contract. The parties further expressly agree that any action on this bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor's Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers, as set forth below. [SIGNATURES ON FOLLOWING PAGE] CONTRAC :Tri S(capes, itc. By:gnature) kVj-r-vi (printed),,, ��" ` Title: TYeSid&tk+ ICS `"CCC i Date: L91 I -. 8"�o-0 �)-v Attest:Az vl� 4 ' lC- (signature) �eeeeeec` 07 tllaim 6ce (printed) Title:��.� - Date: CONTRACT R' SURETY: Hartford Fire Insurance ompany By: F'' (signature) Christy Lackey (printed) Title: Attorney In Fact (SEAL) Date: Attest: llkb4qalk5�nature) Karin Maynard _ (printed) Title: Account Manager Date: (ATTACH SURETY'S POWER OF ATTORNEY) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: POINTENORTH INSURANCE GROUP LLC Agency Code: 20-262197 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the Taws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Marilyn Brown, Keith H. Dillon, Christy Lackey, John Langsfeld, Fred R. Mitchell, William H. Skeeles, Rita L. Smith, Carolyn F. Smith of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. IYI SfVS—Mi q �M►� : �wa••r Nfr,i a �Q� r' _ f+T� M �' � '�o �_ .� "c°d0Y aMr i 1967 ' s n"S • _ ? ! ��t�r.rrr,rra, • ar1N1► .t• 1910 a ;� 5979,'-e,j9'19 t * �:j..:.;7 �'b+wsN yY,•"�?�`� • y"','hlrra,5 .•t•n� \'`�j�• John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT I ss. Hartford COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut, that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authoritv. 0EH T' �Y Direct Inquiries/Claims to: •� R THE HARTFORD POWER OF ATTORNEY BON My Commission Expires July 31, 3021 HartfOne ord, Con°ectcut06155 Bond.Claims(cDthehartford.com call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: POINTENORTH INSURANCE GROUP LLC Agency Code: 20-262197 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the Taws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Marilyn Brown, Keith H. Dillon, Christy Lackey, John Langsfeld, Fred R. Mitchell, William H. Skeeles, Rita L. Smith, Carolyn F. Smith of ATLANTA, Georgia their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. IYI SfVS—Mi q �M►� : �wa••r Nfr,i a �Q� r' _ f+T� M �' � '�o �_ .� "c°d0Y aMr i 1967 ' s n"S • _ ? ! ��t�r.rrr,rra, • ar1N1► .t• 1910 a ;� 5979,'-e,j9'19 t * �:j..:.;7 �'b+wsN yY,•"�?�`� • y"','hlrra,5 .•t•n� \'`�j�• John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT I ss. Hartford COUNTY OF HARTFORD On this 5th day of January, 2018, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut, that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authoritv. 0EH T' �Y •� R Kathleen T- Maynard Notary Public CERTIFICATE My Commission Expires July 31, 3021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Signed and sealed at the City of Hartford. F'ltrs.dr` ��� .,+^�� � :`aca•.re.,te;i a 0P i a 8— a i 1967 i`o7 r js= • =s- � i '�� y,':`J,rarrr,lr� r�•rinrF :.=: 1979 e V s: 1978:., *' d �. Jae {+ t * �:�. _.�� �b•.asN jYR '� }.�`� �~•al Hv,S �•r•1`� •'..�t?�`• Kevin Heckman, Assistant Vice President 11aoe�m® "EXHIBIT D" CONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(1) STATE OF GEORGIA COUNTY OF FORSYTH 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: 123689 Federal Work Authorization User Identification Number 06/02/2008 Date of Authorization Tri Scapes, Inc. Name of Contractor Public Works Yard — Driveway Apron 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 5 Zg, 201 '� in GA _ (state). or Agent Rebecca Martin, PresidentJCFO Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME THIS THE oDAY OF 2018 9 »i Mill, NOT BLIC >��.�.IssioN,t�qF"'A� My Commission Expires: = h °o -OTgq�_ "EXHIBIT E" SUBCONTRACTOR AFFIDAVIT AND AGREEMENT under O.C.G.A. § 13-10-91(b)(3) STATE OF _ COUNTY OF t? 4 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 Tri Scapes, 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 Public Works Yard — Driveway Apron 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: MItTON*k ESTABLISHED 2006 TO: FROM: AGENDA ITEM MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 Steven Krokoff, City Manager Approval of a Contract between the City of Milton and AT&T for Dedicated Internet Services. Wednesday, February 19, 2020 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: (.AYES () NO CITY ATTORNEY REVIEW REQUIRED: (,.)-YES () NO APPROVAL BY CITY ATTORNEY. U APPROVED NOT APPROVED PLACED ON AGENDA FOR: C'0100ty 2006 Heritage Wolk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltongo.us MILTON' * ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: David Fri tell, IS Manager Date: Submitted on February 10, 2020 for Consent Agenda on the February 19th, 2020 Regular City Council Meeting. Agenda Item: Approval of a Contract between the City of Milton and AT&T for Dedicated Internet Services Department Recommendation: Approval. Executive Summary: This service provides dedicated internet service to the new Public Safety Complex at 13690 Highway 9. This is subject to the AT&T Amended Master Services agreement signed on June 3, 2019, fixing prices for the length of the three-year contract. Procurement Summary: Upon moving into the new Public Safety Complex, this circuit will replace the existing internet bandwidth at 13000 Deerfield Pkwy. Annual costs will be comparable to existing costs. Purchasing method used: Multi Year Contract Account Number: 1/3-100-2650-523200001 1/3 - 100-3210-523200001 1/3 - 100-3510-523200001 Financial Review: Bernadette Harvill, February 11, 2020 Legal Review: Sam VanVolkenburgh, Jarrard & Davis, February 10, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment: AT&T_MANAGED-INTERNET_SERVICE_PRICING_SCHEDULE-CONTRACT_ID_7566503-a.pdf City of Milton - AT&T 2016 Master Agreement.pdf AT&T Master Agreement Amendment # l .pdf 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoOcityOrniltonga.us I www.cityofmiltongo.us 0000 AT&T AT&T DEDICATED INTERNET PRICING SCHEDULE Contract Id: 7566503 AT&T MA Reference No. 153709UA AT&T Contract ID MIS14144908 Customer AT&T CITY OF MILTON AT&T Corp. Street Address: 2006 HERITAGE WALK Name: City: MILTON State/Province: GA Title: Zip Code: 30004-5892 Country: US I Date: Customer Contact for Notices AT&T Contact for Notices Name: Joe Lockwood Name: KRISTEN THALMAN Title: Mayor Street Address: 2180 Lake Blvd Street Address: 2006 HERITAGE WALK City: Atlanta State/Province: GA City: MILTON Zip Code: 30319 Country: US State/Province: GA Telephone: 4045394358 Fax: Zip Code: 30004-5892 Email: kt330g@us.att.com Country: US Sales/Branch Manager: Brad Sapir Telephone: 6782422484 SCVP Name: MELANIE MURPHY Fax: Sales Strata: Retail Sales Region: USA Email: joe.lockwood@cityofmiltonga.us With a copy (for Notices) to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast att.com AT&T Solution Provider or Representative Information (if applicable) ❑ Name: Company Name: Agent Street Address: City: State: Zip Code: Country: Telephone: Fax: Email: Agent Code: This Pdcing Schedule is part of the Agreement between AT&T and Customer referenced above. Customer (by its authorized representative) AT&T b its authorized representative) B: B: Name: Name: Title: Title: Date: I Date: Approved as to Form: By: Name: Title: City Attorney Date: AT&T and Customer Confidential Information ROME ID 1-CHH6MIK Page 1 of 7 PS ADI EXPRESS_PS_OOR_1-IS_7162018 (MA XI or Higher) Rate ID: ADIx-102317-82% no_pcs-processing AT&T 1. SERVICES AT&T DEDICATED INTERNET PRICING SCHEDULE Contract Id: 7566503 AT&T MA Reference No.153709UA AT&T Contract ID MIS14144908 Service Percent of Monthly Service Fees Due Upon Termination Service Publication Location AT&T Dedicated Internet(ADI) http:ilserviceguidenew.att.com/sg flashPlayerPage/MIS (see ADI Express) AT&T Bandwidth Services hftp://servicequidenew.aft.com/sg of 12 months or until the end of flashPlaverPage/BWS AT&T Cloud Web Security Service http://serviceauidenew.aft.00misg Per suet flashPlaverPage/cwss AT&T Business W*1-Fi (fka AT&T WI-Fi - Enterprise) http:l/serviceguidenew.aft.com/sg flashPlaverPage/AWS AT&T Distributed Denial of Service http://serviceguidenew.aft.com/sg flashPlaverPagelSNG AT&T Premises Based Firewall Service http://serviceguidenew.aft.00m/sg flashPlaverPage/MSS AT&T Collaborate'°" http://serviceguidenew.ah.com/sg flashPlaverPagg/COLLAB 2. PRICING SCHEDULE TERM AND EFFECTIVE DATES Pricing Schedule Term 36 months Pricing Schedule Term Start Date Effective Date of this Pricing Schedule Effective Date of Rates and Discounts Effective Date of this Pricing Schedule 3. MINIMUM PAYMENT PERIOD Service Components Percent of Monthly Service Fees Due Upon Termination Minimum Payment Period Prior to Completion of Minimum Payment Period per Service Component All Service Components 50% of 12 months or until the end of the Pricin Schedule Term the Per suet $250" Longer of 12 Months or until the end of Pdcinq Schedule Term tApplies to AT&T Collaborate only. 'This charge applies in lieu of the applicable percentage set forth for termination charges in the Master Agreement. 4. GRANDFATHERING AND WITHDRAWAL Availability of Service Components is subject to grandfathering and withdrawal per the Service Guide. 5. RATES Section I: AT&T Dedicated Internet Table 1: ADI Self - Installation Discount: 93.40% ADI Speed Undiscounted ADI Undiscounted ADI wl Managed Router Undiscounted ADI wl Virtual Router Ethernet $1,500.00 1 $1,500.00" $0.00 "Pdcinq available for ADI speeds of 100 Mbps and below and with electrical interfaces only AT&T and Customer Confidential Information Page 2 of 7 ROME IDI-CHH6MIK PS ADI EXPRESS_ PS_OOR-HS-7162018 (MA XI or Higher) Rate ID: ADIx-102317$2% nc-pcs-processing AT&T AT&T DEDICATED INTERNET PRICING SCHEDULE Table 2: On -Site Installation Discount: 93.40% Contract Id: 7566503 AT&T MA Reference No. 153709UA AT&T Contract ID MIS14144908 ADI S eel Undiscounted ADI wl Managed Router Only Ethernet $1,500.00 Table 3: Flat Rate and Flexible Bandwidth Billing Option - Ethernet (2 Mbps to 1 Gbps) • Group 1, 2, and 3 Available bandwidth levels are subject to qualification at time of each order and may vary for ADI ports/access ordered with or without the Network on Demand option. Bandwidth Discounted Ethernet Access Monthly Fee Group 1 Discounted Ethernet Access Monthly Fee Group 2 Discounted Ethernet Access Monthly Fee Group 3 Minimum Bandwidth Commitment Undiscounted Undiscounted ADI ADI wl wt AT&T Managed Customer Router Router Monthly Monthl Fee Fee Undiscounted Incremental Usage Fee Per Mbps 2 Mbps $400.00 $421.00 $635.00 $260.00 $388.00 $355.00 4 Mbps $400.00 $421.00 $635.00 $262.00 $390.00 $325.00 5 Mbps $400.00 $421.00 $635.00 $263.00 $391.00 $270.00 8 Mbps $400.00 $421.00 $635.00 $266.00 $394.00 $235.00 10 Mbps $400.00 $421.00 $635.00 $268.00 $396.00 $198.00 20 Mbps $420.00 $449.00 $758.00 $449.00 $577.00 $144.25 50 Mbps $524.00 $572.00 $968.00 $813.00 $955.00 $95.50 100 Mbps $604.00 $651.00 $1280.00 $1,400.00 $1,555.00 $77.75 150 Mbps $610.00 $677.00 $1,412.00 $1,800.00 $1,965.00 $65.50 250 Mbps 1 $900.00 $900.00 $1,667.00 $2,150.00 $2,240.00 $44.80 400 Mbps $1,100.00 $1,100.00 $2,201.00 $2,700.00 $3,380.00 $42.25 500Mbps $1,100.00 $1,100.00 $2,239.00 $3,500.00 $4,325.00 $43.25 600 Mbps $1,100.00 $1,100.00 $2,807.00 $4,096.00 $4,840.00 $40.33 1000 Mbps $1,300.00 $1,300.00 $3,184.00 $4,505.00 $5,620.00 $28.10 Discount: 82.00% 82.00% 82.00% Table 4: Flexible Bandwidth Billing Option - Ethernet (2 Gbps to 10 Gbps) - Group 1, 2, 3, and 4 Available bandwidth levels are subject to qualification at time of each order and may vary for ADI portslaccess ordered with or without the ADI on Demand option. AT&T and Customer Confidential Information Page 3 of 7 ROME ID 1-CHH6MIK PS ADI EXPRESS_ PS_OOR_HS_7162018 (MA XI or Higher) Rate ID: ADix-102317-82% no_pcs_processing 10 Gbps 10 Gbps 10 Gbps 10 Gbps Minimum Bandwidth Commitment Undiscoun Undiscounted ADI Undiscounted ADI Discounted Discounted Discounted Discounted ted Bandwidth Ethernet Ethernet Ethernet Ethernet wt Customer wl AT&T Managed Increment Access Access Access Access Router Monthly Router Monthly al Usage Monthly Fee Monthly Fee Monthly Fee Monthly Fee Fee Fee Fee Per Group 1 Group 2 Group 3 Group 4 Mbps 2 Gbps $4,000.00 $6,397.00 $10,151.44 NA $9,091.00 $12,276.00 $30.69 3 Gbps $400000 $6,397.00 $10155144 NA $13,309.00 17,981.00 $29.97 4 Gbps $4,000.00 $10,11. 44 NA $16,015.00 $21,591.00 $26.99 5 Gbps $4,000.00 $6,397.00 $10,151.44 NA $18,196.00 $24,553.00 $24.55 AT&T and Customer Confidential Information Page 3 of 7 ROME ID 1-CHH6MIK PS ADI EXPRESS_ PS_OOR_HS_7162018 (MA XI or Higher) Rate ID: ADix-102317-82% no_pcs_processing •` AT&T AT&T DEDICATED INTERNET PRICING SCHEDULE Contract Id: 7566503 AT&T MA Reference No. 153709UA AT&T Contract ID MIS14144908 Table 5: Flat Rate and Flexible Bandwidth Billing Option - Ethernet (20 Gbps to 100 Gbps) - Group 1 and 4 Available bandwidth levels are subject to qualification at time of each order and may vary for ADI ports/access ordered with or without the ADI on Demand option. 10 Gbps 10 Gbps 10 Gbps 10 Gbps Minimum Bandwidth Commitment Undiscoun Undiscounted ADI Undiscounted ADI Ethernet Access Discounted Discounted Discounted Discounted ted Bandwidth Ethernet Ethernet Ethernet Ethernet wl Customer wl AT&T Managed Increment Access Access Access Access Router Monthly Router Monthly al Usage 40 Gbps Monthly Fee Monthly Fee Monthly Fee Monthly Fee Fee Fee Fee Per $20,103.65 Group 1 Group 2 Group 3 Group 4 40 Gbps 40 Gbps Mb s 6 Gbps $4,000.00 $6,397.00 $10,151.44 NA $21,309.00 $28,768.00 $23.97 7 Gbps $4,000.00 $6,397.00 $10,151.44 NA $24,218.00 $32,727.00 $23.38 8 Gbps $4,000.00 $6,397.00 $10,151.44 NA $26,953.00 $36,387.00 $22.74 9 Gbps $4,000. 397.00 $10,151.44 N $28,931.00 $39,069.00 $21.71 10 Gbps $4,000.00 ,39700 $10,151.44 A $30,909.00 $41,716.00 $20.86 Discount: 1 82.00% 82.00% 82.00% Table 5: Flat Rate and Flexible Bandwidth Billing Option - Ethernet (20 Gbps to 100 Gbps) - Group 1 and 4 Available bandwidth levels are subject to qualification at time of each order and may vary for ADI ports/access ordered with or without the ADI on Demand option. Table 6: Class Of Service Option - Flexible Bandwidth Billing Option - Monthly Fees The Class of Service option is not available for ADI ports/access ordered with the ADI on Demand option. Discount: 100% Speed Undiscounted ADI w/ or w/o Managed Router Monthly Service Fee` Discounted Discounted Minimum Bandwidth Commitment Undiscounted 45.01 -155 Mb s Ethernet Ethernet Access Ethernet Access Undiscounted ADI Undiscounted ADI wl Incremental Bandwidth Access Monthly Fee Monthly Fee wl Customer Router AT&T Managed Usage Fee Per Speed Group 1 Group 4 Monthly Fee Router Monthly Fee Mbps 20 Gbips 40 Gbps $20,103.65 NA $39,766.00 $49,999.00 $2.00 30 Gbps 40 Gbps $20,103.65 NA $49,237.00 $67,242.00 $2.00 40 Gbps 40 Gbps $20,103.65 NA $62,871.00 $84,485.00 $2.00 70 Gbps 100 G $3104 NA $18446040 $1259900 11 Gbps 100Gb s $31,043.5 0100 $,1000 $13,750 $1355 Discount: 82.00% 82.00% 82.00% Table 6: Class Of Service Option - Flexible Bandwidth Billing Option - Monthly Fees The Class of Service option is not available for ADI ports/access ordered with the ADI on Demand option. Discount: 100% Speed Undiscounted ADI w/ or w/o Managed Router Monthly Service Fee` 9.01 to 10.0 Mb s $825.00 15.01 - 20.0 Mb s $1,325.00 45.01 -155 Mb s $5,000.00 200 - 250 Mb s $5,400.00 'Applies to ADI Express Only and Charges waived for Sites with AT&T BVolP Service Table 7: Class Of Service Option - Installation Fees Discount: 100% T BVolP Service Section III: Additional Service Fees AT&T and Customer Confidential Information Page 4 of 7 ROME IDI-CHH6MIK PS ADI EXPRESS_ PS_OOR_HS_7162018 (MA XI or Higher) Rate ID: ADIx-102317-82% no_pcs_processing Nsz AT&T AT&T DEDICATED INTERNET PRICING SCHEDULE Contract Id: 7566503 AT&T MA Reference No. 153709UA AT&T Contract ID MIS14144908 Moving Fee(during hours $1,000 perlocation Additional Moving Fee (outside standard operating hours — Additional $500.00 per location 8:00 a.m. to 5:00 p.m. Monday through Friday) Section IV: AT&T Business in a Box@ AT&T Business in a Box@ is not available for ADI portslaocess ordered with the ADI on Demand option. Discount: 100% Option Undiscounted Monthly Fee` Base Unit NextGen $75.00 Base Unit 12 Port $75.00 8 Port Analog Module Add -On $40.00 Pricing also applies to Service locations in Alaska Discount: 0% Per Site I Per Occurrence during Standard Business Hours (Monday- Friday, Undiscounted Service Charge List Price 8:00 am- 5:00 pm, local time) Move, Addition, Change to Service $260.00 Delete Service $500.00 ' Pricing also applies to Service locations in Alaska Class Of Service Option - when ordered with AT&T BVoIP Services only also applies to Service locations in Alaska Section V: AT&T Cloud Web Security No discounts apply AT&T Cloud Web Security Service per port 10 users Rate $30.00 Section VI: AT&T Wi-Fi Enterprise No discounts apply AT&T Business WI-Fi (ABW) per AP per month Rate $30.00 Section VII: AT&T Distributed Denial of Service — Reactive Service No discounts apply Service Component (Service Level) Monthly Recurring Charge Per Circuit Reactive service supporting from 10Mbps up to but not including 100Mbps circuit $98.00 Reactive service supporting from 100Mbps up to 1 Gbps circuit $301.00 Section VIII: AT&T Distributed Denial of Service — Mitigation Usage Charges No discounts apply Service Component Usage Charge per Occurrence Mitigation $497.00 AT&T and Customer Confidential Information Page 5 of 7 ROME ID 1-CHH6MIK PS ADI EXPRESS _PS_OOR_HS_7162018 (MA XI or Higher) Rate ID: ADIx-102317-82% no_pcs_processing Contract Id: 7566503 AT&T MA Reference No. 153709UA AT&T Contract ID MIS14144908 AT&T AT&T DEDICATED INTERNET PRICING SCHEDULE Section IX: AT&T Premises Based Firewall Service - Small Business - Fortinet No discounts apply Service Component Monthly Recurring Charge Per Seat AT&T Premises -Based Firewall - Small Business - Essential $198.00 AT&T Premises -Based Firewall - Small Business - Standard $330.00 Section X: AT&T Collaborate Table 1: AT&T Collaborate System License Fee No Discounts aooly AT&T Collaborate Feature Name Monthly Recurring Charge Ed eMam 3700 Intelligent Ede Per Seat Basic Voice Seat $22.00 Enhanced Voice Feature Bundle $5.00 Unified Communication Bundle $8.00 Shared Workspace Bundle $8.00 Polycom WX 300 Per Unit Contact Center Bundle 2 Supervisors and 10 Agents) $518.00 Auto Attendant $19.00 Receptionist Web Console $26.00 Pre -alerting Announcement $8.00 Contact Center Agent with Web Clients' $49.00 Contact Center Supervisor with Web Clients' $64.00 'Contact Center Agent with Web Clients and Contact Center Supervisor with Web Clients are add-on features. Customer must purchase Contact Center Bundle to purchase these features. Table 2: AT&T Collaborate Equipment Fee No discounts aoDly Type of Equipment Non-Recuning Charges Per Device Ed eMam 3700 Intelligent Ede $195.00 Adtran NetVanta 1234 24 -port $345.00 Adtran NetVanta 1238P 48 -port $943.00 Polycom SoundStation IP 6000 $669.00 Pal corn SoundSlation IP 7000 $942.00 Polycom WX 300 $136.00 Pol oom WX 301 $136.00 Polycom WX 310 $143.00 Pol oom WX 311 $143.00 Pol oom WX 400 $188.00 Polycom WX 401 $188.00 Polycom WX 410 $195.00 Pol oom WX 411 $195.00 Pol core VVX 500 $266.00 Pol corn VVX 501 $266.00 AT&T and Customer Confidential Information Page 6 of 7 ROME ID 1-CHH6MIK PS ADI EXPRESS_ PS_OOR_HS_7162018 (MA XI or Higher) Rate ID: ADIx-102317-82% no-pcs-processing AT&T AT&T DEDICATED INTERNET PRICING SCHEDULE Contract Id: 7566503 AT&T MA Reference No. 153709UA AT&T Contract ID MIS14144908 Polycom WX 600 $331.00 Polycom WX 601 $331.00 Polycom WX Camera. For use with the WX 500 and WX 600 $143.00 Polycom WX Color Exp Module for WX 300, 310, 400, 410, 500 and 600 $253.50 Pol oom RealPresence Trio 8800 IP conf. phone w built-in Wi-Fi $1,040.00 Yealink-W56P Cordless $130.00 Yealink-W56H Cordless $84.00 Yealink-T40P (Entry level $97.00 Yealink-T46G Mid-level $182.00 Yealink EXP40 (Expansion accessory) $110.00 Table 3: AT&T Collaborate Installation Fee No discounts annly Non -Recurring Billing Element Non -Recurring Charge Per Device E ui ment Installation and Shipping $151.00 AT&T and Customer Confidential Information Page 7 of 7 ROME ID 1-CHH6MIK PS ADI EXPRESS_PS_OOR_HS_7162018 (MA XI or Higher) Rate ID: ADIx-102317-82% no_pcs—processing 20160921-8177 MASTER AGREEMENT AT&T MA Reference No. 153709UA Customer AT&T City of Milton AT&T Corp. Street Address: 13000 Deerfield Parkway, Suite 107 Name: In FlnndAr.,; City: Milton StatelProvince: GA Title: Sr. Contract Manager Zip Code: 30004 Country: US 28 Sep 2016 Dale: Customer Contact for notices AT&T Contact for notices Name: Joe Lockwood Street Address: 754 Peachtree St. NE -15th Mr. Title: Mayor City: Atlanta State/Province: GA Street Address: 13000 Deerfield Parkway, Suite 107 Zip Code: 30308 Country: US City: Milton State/Province: GA Zip Code: 30004 Country: US With a copy to: Telephone: (678) 242-2484 AT&T Corp. Fax: (678) 242-2499 One AT&T Way Email: Jee.Lockwood@cityofmiltonga.us Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast aft.co This Master Agreement ("Master Agreement), between the customer named above ("Customer) and the AT&T entity named above (`AT&T"), is effective when signed by both Customer and AT&T. Customer (by Its authorized resen 've) AT&T (by Its authorized representative), 8: B. d Name: L� (--1c-;C--kx-'Ooc Name: In FlnndAr.,; Title: r Title: Sr. Contract Manager (;] Date: I / ) . c It I � 1 � `� 28 Sep 2016 Dale: ua_ver_iii.doc AT&T and Customer Confidential Information Page 1 of 9 UA VER 111 1111612012 im67933 092916 SR 14TYNGSF NRLR MASTER AGREEMENT 1. INTRODUCTION 1.1 Overview of Documents. This Master Agreement and the following additional documents (collectively, the "Agreement") shall apply to all products and services AT&T provides Customer pursuant to this Agreement ("Services") and shall continue in effect so long as Services are provided under this Agreement: (a) Pricing Schedules. A 'Pricing Schedule" means a pricing schedule (including related attachments) or other document that is attached to or is later executed by the parties and references this Master Agreement. A Pricing Schedule includes the Services, the pricing (including discounts and commitments, if applicable) and the pricing schedule term (°Pricing Schedule Tern"). (b) Tariffs and Guidebooks. "Tariffs" are documents containing the descriptions, pricing and other terms and conditions for a Service that AT&T or its Affiliates file with regulatory authorities. 'Guidebooks" are documents (designated as Guidebooks or Price Lists) containing the descriptions, pdcing and other terms and conditions for a Service that were but no longer are filed with regulatory authorities. Tariffs and Guidebooks can be found at att.com/serviceoublications or other locations AT&T may designate. (c) Acceptable Use Policy. AT&T's Acceptable Use Policy ("AUP') applies to (1) Services provided over or accessing the Internet and (if) wireless (i.e., cellular) data and messaging Services. The AUP can be found at att.com/auo or other locations AT&T may designate. (d) Service Guides. The descriptions, pricing and other terms and conditions for a Service not covered by a Tariff or Guidebook may be contained in a Service Guide, which can be found at att.comiserviceoublications or other locations AT&T may designate. 1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: the applicable Pricing Schedule or Order; this Master Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that Tariffs will be first in priority in any jurisdiction where applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms. 1.3 Revisions to Documents. Subject to Section 8.2(b) (Materially Adverse Impact), AT&T may revise Service Publications at any time. 1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule in its own name, and such Affiliate contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT&T will cause their respective Affiliates to comply with any such separate and associated contract 2. AT&T DELIVERABLES 2.1 Services. AT&T will either provide or arrange to have an AT&T Affiliate provide Services to Customer and Its Users, subject to the availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authored by the appropriate regulatory authority will be the service provider. If an.applicable Service Publication expressly permits placement of an order for a Service under this Master Agreement without the execution of a Pricing Schedule, Customer may place such an order using AT&Ts standard ordering processes (an "Orden, and upon acceptance by AT&T, the Order shall otherwise be deemed a Pricing Schedule under this Master Agreement for the Service ordered. 2.2 AT&T Equipment. Services may be provided using equipment owned by AT&T that is located at the Site (AT&T Equipment"), but title to the AT&T Equipment will remain with AT&T. Customer must provide adequate space and electdc power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or damage to the AT&T Equipment (other than ordinary wear and tear), except to the extent caused by AT&T or its agents. 2.3 Purchased Equipment. Except as specified in a Service Publication, title to and risk of loss of Purchased Equipment shall pass to Customer on delivery to the transport carder for shipment to Customer's designated location. 2.4 License and Other Terms. Software, Purchased Equipment and Third -Party Services may be provided subject to the terms of a separate license or other agreement between Customer and either the licensor, the third -parry service provider or the manufacturer. Customer's execution of the Pricing Schedule for or placement of an Order for Software, Purchased Equipment or Third -Party Services is Customer's agreement to comply with such separate agreement Unless a Service Publication specifies otherwise, AT&T's sola responsibility with respect to Third -Party Services is to place Customer's orders for Third -Party Services, except that AT&T may invoice and collect payment from Customer for the Third -Party Services. 3. CUSTOMER'S COOPERATION 3.1 Access Right. Customer will in a timely manner -allow AT&T access as reasonably required for the Services to property and equipment that Customer controls and will obtain at Customer's expense timely access for AT&T as reasonably required for the Services to property controlled by third parties such as Customer's landlord. AT&T will coordinate with and, except in an emergency, obtain Customers consent to enter upon Customers property and premises, which consent shall not be unreasonably withheld. Access rights mean the right to construct, install, repair, maintain, replace and remove access lines and network facilities and the right to use ancillary equipment space within a building for Customers connection to AT&Ts network. Customer must provide AT&T timely information and access to Customers facilities and equipment as AT&T reasonably requires for the Services, subject to Customers reasonable security policies. Customer will furnish any conduit, holes, w ireways, wiring, plans, equipment, space, powedublities and other items as AT&T reasonably requires for the Services and will obtain any necessary licenses, permits and consents (including easements and rights-of- way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule. ua_ver_Iii.doc UA VER 111 1111612012 AT&T and Customer Confidential Information Page 2 of im67933 082916 SR 1ATYNGSF NRLR MASTER AGREEMENT 3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides Services is a safe working environment, free of Hazardous Materials and reasonably suitable for the Services. 'Hazardous Materials' mean any substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal or release is regulated by any law related to pollution, to protection of air, water or soil or to health and safety. AT&T shall have no obligation to perform work at a location that is not a suitable and safe working environment or to handle, remove or dispose of Hazardous Materials. 3.3 Users. 'User' means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply with this Agreement and is responsible for Users' use of any Service unless expressly provided to the contrary in an applicable Service Publication. 3.4 Resale of Services. Customer may not reseli the Services or rebrand the Services for resale to third parties without AT&T's prior written consent. 4. PRICING AND BILLING 4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. The prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term and will apply In lieu of the corresponding prices set forth in the applicable Service Publication. No promotion, credit, discount or waiver set forth in a Service Publication will apply. Unless the Pricing Schedule states otherwise, at the end of the Pricing Schedule Term, Customer may continue Service (subject to any applicable notice or other requirements in a Service Publication for Customer to terminate a Service Component) under a month-to-month service arrangement at the prices, terms and conditions in effect on the last day of the Pricing Schedule Term. AT&T may change such prices, terms or conditions an 30 days' prior notice to Customer. 4.2 Additional Charges and Taxes. Prices set forth in a Pricing Schedule are exclusive of and Customer will pay all taxes (excluding those on AT&T's net income), surcharges, recovery fees, customs clearances, duties, levies, shipping charges and other similar charges (and any associated interest and penalties resulting from Customers failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides a valid exemption certificate prior to the delivery of Services. To the extent required by law, Customer may withhold or deduct any applicable taxes from payments due to AT&T, provided that Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty and will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. 4.3 Billing. Unless a Service Publication specifies otherwise, Customers obligation to pay for a Service Component begins upon availability of the Service Component to Customer. Customer will pay AT&T without deduction, setoff or delay for any reason (except for withholding taxes as provided in Section 4.2 - Additional Charges and Taxes or in Section 4.5 - Delayed Billing; Disputed Charges). At Customer's request, but subject to AT&T's consent (which may not be unreasonably withheld or withdrawn), Customers Affiliates may be invoiced separately, and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customers Affiliates do not pay charges in accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T determines, in its reasonable judgment, that Customer or its Affiliates are not creditworthy, and AT&T may apply such deposit to any charges owed. 4.4 - Payments. Payment is due within 30 days after the date of the Invoice (unless another date is specified in an applicable Tariff or Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements or other statements on checks are void. Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored payments, including reasonable attorneys' fees. AT&T may charge late payment fees at the lowest of (a) 1.5% per month (18% per annum), (b) for Services contained in a Tariff or Guidebook at the rate specified therein, or (c) the maximum rate allowed by law for overdue payments. 4.5 Delayed Billing; Disputed Charges. Customer will not be required to pay charges for Services initially invoiced more than 6 months after close of the billing period in which the charges were incurred, except for calls assisted by an automated or live operator. If Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charge and the reason it is disputed within 6 months after the date of the invoice in which the disputed charge initially appears, or Customer waives the right to dispute the charge. The portion of charges in dispute may be withheld and will not be considered overdue until AT&T completes its investigation of the dispute, but Customer may incur late payment fees in accordance with Section 4.4 (Payments). Following AT&Ts notice of the results of its investigation to Customer, payment of all properly due charges and property accrued late payment fees must be made within ten (10) business days. AT&T will reverse any late payment fees that were invoiced in error. 4.6 Credit Terms. AT&T retains a lien and purchase money security, interest in each item of Purchased Equipment and Vendor Software until Customer pays all sums due. AT&T is authorized to sign and file a financing statement to perfect such security Interest. 4.7 MARC. Minimum Annual Revenue Commitment ('MARC") means an annual revenue commitment set forth in a Pdcing Schedule that Customer agrees to satisfy during each 12 -consecutive -month period of the Pricing Schedule Tenn. If Customer fails to satisfy the MARC for any such 12 -month period, Customer will pay a shortfall charge in an amount equal to the difference between the MARC and the total of the applicable MARC -Eligible Charges incurred during such 12 -month period, and AT&T may withhold contractual credits unfil Customer pays the shortfall charge. ua ver_Ill.doc UA VER III 1'111612012 AT&T and Customer Confidential Information Page 3 of 9 jme7933 082916 SR 1-4TYNGSF NRLR MASTER AGREEMENT 4.8 Adjustments to MARC. (a) In the event of a business downturn beyond Customers control, or a corporate divestiture, merger, acquisition or significant restructuring or reorganization of Customer's business, or network optimization using other Services, or a reduction of AT&T's prices, or a force majeure event, any of which significantly impairs Customer's ability to meet a MARC, AT&T Will offer to adjust the affected MARC to reflect Customer's reduced usage of Services (with a corresponding adjustment to the prices, credits or discounts available at the reduced MARC level). If the parties reach agreement on a revised MARC, AT&T and Customer will amend the affected Pricing Schedule prospectively. This Section 4.8 will not apply to a change resulting from Customer's decision to use service providers other than AT&T. Customer will provide AT&T notice of the conditions Customer believes will require the application of this provision. This provision does not constitute a waiver of any charges, Including Monthly recurring charges and shortfall charges, Customer incurs prior to amendment of the affected Pricing Schedule. (b) If Customer, through merger, consolidation, acquisition or otherwise, acquires a new business or operation, Customer and AT&T may agree in writing to include the new business or operation under this Agreement. Such agreement will specify the impact, if any, of such addition on Customers MARC or other volume or growth discounts and on Customers attainment thereof. 5. CONFIDENTIAL INFORMATION 5.1 Confidential Information, Confidential Information means: (a) information the parties or their Affiliates share with each other in connection with this Agreement or in anticipation of providing Services under this Agreement (including pricing or other proposals), but only to the extent identified as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, the terns of this Agreement 5.2 Obligations. A disclosing party's Confidential Information will, for a period of 3 years following its disclosure to the other party (except in the case of software, for which the period is indefinite): (a) not be disclosed, except to the receiving party's employees, agents and contractors having a need -to -know (but only if such agents and contractors are not direct competitors of the other party and agree in writing to use and disclosure restrictions as restrictive as this Section 5) or to the extent authorized to be revealed by law, governmental authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing party to the extent practicable and not prohibited by law, governmental authority or legal process); (b) be held in confidence; and (c) be used only for purposes of using the Services, evaluating proposals for new services or performing this Agreement (including in the case of AT&T to detect fraud, to check quality and to operate, maintain and enhance the network and Services). 5.3 Exceptions. The restrictions in this Section 5 will not apply to any information that: (a) is independently developed by the receiving party without use of the disclosing party's Confidential Information; (b) is lawfully received by the receiving party free of any obligation to keep it confidential; or (c) becomes generally available to the public other than by breach of this Agreement. 5.4 Privacy. Each party is responsible for complying with the privacy laws applicable to its business. AT&T shall require its personnel, agents and contractors around the world who process Customer Personal Data to protect Customer Personal Data in accordance with the data protection laws and regulations applicable to AT&Ts business. If Customer does not want AT&T to comprehend Customer data to which It may have access in performing Services, Customer must encrypt such data so that it will be unintelligible. Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customers and AT&T's collection and use of the User, employee or agent Information in connection with a Service. Customer will only make accessible or provide Customer Personal Data to AT&T when it has the legal authority to do so. Unless otherwise directed by Customer in writing, If AT&T designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customers customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. 6. LIMITATIONS OF LIABILITY AND DISCLAIMERS 6.1 Limitation of Liability. (a) EITHER PARTY'S ENTIRE LIABILITY AND THE OTHER PARTY'S EXCLUSIVE REMEDY FOR DAMAGES ON ACCOUNT OF ANY CLAIM ARISING OUT OF AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL BE: (i) FOR BODILY INJURY, DEATH OR DAMAGE TO REAL PROPERTY OR TO TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY A PARTY'S NEGLIGENCE, PROVEN DIRECT DAMAGES; Qi) FOR BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity) OR SECTION 10.2 (Trademarks), PROVEN DIRECT DAMAGES; (Iii) FOR ANY THIRD -PARTY CLAIMS, THE REMEDIES AVAILABLE UNDER SECTION 7 (Third Party Claims); (iv) FOR CLAIMS ARISING FROM THE OTHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVEN DAMAGES; OR (v) FOR CLAIMS OTHER THAN THOSE SET FORTH IN SECTION 6.1(a)() -(iv), PROVEN DIRECT DAMAGES NOT TO EXCEED, ON A PER CLAIM OR AGGREGATE BASIS DURING ANY TWELVE (12) MONTH PERIOD, AN AMOUNT EQUAL TO THE TOTAL NET CHARGES INCURRED BY CUSTOMER FOR THE AFFECTED SERVICE IN THE RELEVANT COUNTRY DURING THE THREE (3) MONTHS PRECEDING THE MONTH IN WHICH THE CLAIM AROSE. ua ver_lii.doc UA VER 111 11/16/2012 AT&T and Customer Confidential Information Page 4 of 9 jm67933 082916 SR 1-4TYNGSF NRLR MASTER AGREEMENT (b) EXCEPT AS SET FORTH IN SECTION 7 (Third Party Claims) OR IN THE CASE OF A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR FOR INCREASED COST OF OPERATIONS. (c) THE LIMITATIONS IN THIS SECTION 6 SHALL NOT LIMIT CUSTOMER'S RESPONSIBILITY FOR THE PAYMENT OF ALL PROPERLY DUE CHARGES UNDER THIS AGREEMENT. 6.2 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR ANY SERVICE ERROR OR INTERRUPTION, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911 OR OTHER EMERGENCY RESPONSE CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR CREDITS EXPLICITLY SET FORTH IN THIS AGREEMENT); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER'S (OR ITS AFFILIATES', USERS' OR THIRD PARTIES') APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS. 6.3 Purchased Equipment and Vendor Software Warranty. AT&T shall pass through to Customer any warranties for Purchased Equipment and Vendor Software available from the manufacturer or licensor. The manufacturer or licensor, and not AT&T, is responsible for any such warranty terms and commitments. ALL SOFTWARE AND PURCHASED EQUIPMENT IS OTHERWISE PROVIDED TO CUSTOMER ON AN "AS IS" BASIS. 6.4 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON -INFRINGEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY ARISING BY USAGE OF TRADE OR BY COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER) AND MAKES NO GUARANTEE REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT TO LOAD BALANCING OR THAT AT&TS SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER'S DATA AND INFORMATION. 6.5 Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a party was advised of the possibility, of such damages and will apply so as to limit the liability of each party and its Affiliates and their respective employees, directors, subcontractors and suppliers. The limitations of liability and disclaimers set out in this Section 6 will survive failure of any exclusive remedies provided in this Agreement. 7. THIRD PARTY CLAIMS 7.1 AT&T's Obligations. AT&T agrees at its expense to defend and either to settle any third -party claim against Customer, its Affiliates and its and their respective employees and directors or to pay all damages that a court finally awards against such parties for a claim alleging that a Service provided to Customer under this Agreement infringes any patent, trademark, copyright or trade secret, but not where the claimed infringement arises out of or results from: (a) Customer's, its Affiliate's or a Users content; (b) modifications to the Service by Customer, its Affiliate or a third party, or combinations of the Service with any non -AT&T services or products by Customer or others; (c) AT&T's adherence to Customers or its Affiliate's written requirements; or (d) use of a Service in violation of this Agreement. 7.2 Customer's Obligations. Customer agrees at its expense to defend and either to settle any third -party claim against AT&T, its Affiliates and its and their respective employees, directors, subcontractors and suppliers or to pay all damages that a court finally awards against such parties for a claim that; (a) arises out of Customer's, its Affiliate's or a User's access to or use of the Services and the claim is not the responsibility of AT&T under Section 7.1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret and falls within the exceptions in Section 7.1; or (c) alleges a breach by Customer, its Affiliate or a User of a Software license agreement 7.3 Infringing Services. Whenever AT&T is liable under Becton 7.1, AT&T may at its option either procure the right for Customer to continue using, or may replace or modify, the Service so that it is non -infringing. 7.4 Notice and Cooperation. The party seeking defense or settlement of a third -party claim under this Section 7 will provide notice to the other party promptly upon seaming of any claim for which defense or settlement may be sought, but failure to do so will have no effect except to the extent the other party Is prejudiced by the delay. The party seeking defense or settlement will allow the other party to control the defense and settlement of the claim and will reasonably cooperate with the defense. The defending party a411 use counsel reasonably experienced in the subject matter at Issue and will not settle a claim without the written consent of the party being defended, which consent will not be unreasonably withheld or delayed, except that no consent will be required to settle a claim where relief against the party being defended is limited to monetary damages that are paid by the defending party under this Section 7. 7.5 AT&T's obligations under Section 7.1 shall not extend to actual or alleged Infringement or misappropriation of intellectual property based on Purchased Equipment, Software, or Third -Party Services. ua ver fli.doc UA VER 111 1111612012 AT&T and Customer Confidential Information Page 5 of 9 Im67933 082916 SR 14TYNGSF NRLR MASTER AGREEMENT 8. SUSPENSION AND TERMINATION 8.1 Termination of Agreement. This Agreement may be terminated immediately upon notice by either party if the other party becomes Insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state insolvency proceeding or makes an assignment for the benefit of its creditors. 8.2 Termination or Suspension. The following additional termination provisions apply: (a) Material Breach. If either party fails to perform or observe any material warranty, representation, term or condition of this Agreement, including non-payment of charges, and such failure continues unremedied for 30 days after receipt of notice, the aggrieved party may terminate (and AT&T may suspend and later terminate) the affected Service Components and, If the breach materially and adversely affects the entire Agreement, terminate (and AT&T may suspend and later terminate) the entire Agreement. (b) Materially Adverse Impact. If AT&T revises a Service Publication, the revision has a materially adverse impact on Customer and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after receipt of notice from Customer, then Customer may, as Customer's sole remedy, elect to terminate the affected Service Components on 30 days' notice to AT&T, given not later than 90 days after Customer first learns of the revision to the Service Publication. 'Materially adverse impacts' do not Include changes to non -stabilized pricing, changes required by governmental authority, or assessment of or changes to additional charges such as surcharges or taxes. (c) Internet Services. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, AT&T may suspend the affected Service Components. AT&T reserves the right, however, to suspend or terminate immediately when: (i) AT&Ts suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that certain conduct must be stopped; or (ii) AT&T reasonably determines that (a) it may be exposed to sanctions, liability, prosecution or other adverse consequences under applicable law if AT&T were to allow the violation to continue; (b) such violation may hams or interfere with the integrity, normal operations or security of AT&T's network or networks with which AT&T Is interconnected or may Interfere with another customer's use of AT&T services or the Internet; or (c) such violation otherwise presents an imminent risk of harm to AT&T, AT&Ts customers or its or their respective employees. (d) Fraud or Abuse. AT&T may terminale or suspend an affected Service or Service Component and, if the activity materially and adversely affects the entire Agreement, terminate or suspend the entire Agreement, Immediately by providing Customer with as much advance notice as is reasonably practicable under the circumstances if Customer, in the course of breaching the Agreement (i) commits a fraud upon AT&T; (it) uses the Service to commit a fraud upon another party; (ii) unlawfully uses the Service; (iv) abuses or misuses AT&T's network or Service; or (v) interferes with another customer's use of AT&T's network or services. (e) Infringing Services. If the options described in Section 7.3 (Infringing Services) are not reasonably available, AT&T may at its option terminate the affected Services or Service Components without liability other than as stated in Section 7.1 (AT&Ts Obligations). (q Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site, AT&T may terminale the affected Services or Service Components or may suspend performance until Customer removes and remediates the Hazardous Materials at Customer's expense in accordance with applicable law. 8.3 Effect of Termination. (a) Termination or suspension by either party of a Service or Service Component does not waive any other rights or remedies a party may have under this Agreement and will not affect the rights and obligations of the parties regarding any other Service or Service Component. (b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of termination. 8.4 Termination Charges. (a) If Customer terminates this Agreement or an affected Service or Service Component for cause in accordance with the Agreement or if AT&T terminates a Service or Service Component other than for cause, Customer will not be liable for the termination charges set forth in this Section 8.4. (b) If Customer or AT&T terminates a Service or Service Component prior to Cutover other than as set forth in Section 8.4(a), Customer () will pay any pre -Cutover termination or cancellation charges set out in a Pricing Schedule or Service Publication, or (i) in the absence of such specified charges, will reimburse AT&T for time and materials incurred prior to the effective date of termination, plus any third party charges resulting from the termination. (c) If Customer or AT&T terminates a Service or Service Component after Cutover other than as set forth in Section 8.4(a), Customer will pay applicable termination charges as follows: () 50% (unless a different amount is specified in the Pricing Schedule) of any unpaid recurring charges for the terminated Service or Service Component attributable to the unexpired portion of an applicable Minimum Payment Period; (ii) if termination occurs before the end of an applicable Minimum Retention Period, any associated credits or waived or unpaid non-recurring charges; and n) any charges incurred by AT&T from a third party (i.e., ua ver lii.doc UA VER 1111111612012 AT&T and Customer Confidential Information Page 6 of 9 jm67933 082916 SR 1.4TYNGSF NRIR MASTER AGREEMENT not an AT&T Affiliate) due to the termination. The charges set forth in Sections 8.4(c)(i) and (ii) will not apply if a terminated Service Component is replaced with an upgraded Service Component at the same Site, but only If the Minimum Payment Period or Minimum Retention Pedod, as applicable, (the "Minimum Period's and associated charge for the replacement Service Component are equal to or greater than the corresponding Minimum Period and associated charge for the terminated Service Component, respectively, and if the upgrade is not restricted in the applicable Service Publication. (d) In addition, if Customer terminates a Pricing Schedule that has a MARC, Customer will pay an amount equal to 50% of the unsatisfied MARC for the balance of the Pricing Schedule Tenn. S. IMPORTIEXPORT CONTROL Neither party will use, distribute, transfer or transmit any equipment, services, software or technical information provided under this Agreement (even if incorporated into other products) except in compliance with all applicable impart and export laws, conventions and regulations. 10. MISCELLANEOUS PROVISIONS 10.1 Publicity. Neither party may issue any public statements or announcements relating to the terms of this Agreement or to the provision of Services without the prior written consent of the other party. 10.2 Trademarks. Each party agrees not to display or use, in advertising or otherwise, any of the other party's trade names, logos, trademarks, service marks or other indicia of origin without the other partys prior written consent, which consent may be revoked at any time by notice. 10.3 Independent Contractor. Each party is an independent contractor. Neither party controls the other, and neither party nor its Affiliates, employees, agents or contractors are Affiliates, employees, agents or contractors of the other party. 10.4 Force Majeure. Except for payment of amounts due, neither party vrill be liable for any delay, failure in performance, loss or damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, ads of civil or military authority, war, terrorism, acts of God, ads of a public enemy, acts or omissions of carriers or suppliers, ads of regulatory or governmental agencies or other causes beyond such party s reasonable control. 10.5 Amendments and Waivers. Any supplement to or modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement will not operate as a waiver of any other breach of this Agreement. 10.6 Assignment and Subcontracting. (a) Customer may, without AT&T's consent but upon notice to AT&T, assign in whole or relevant partite rights.and obligations under this Agreement to a Customer Affiliate. AT&T may, without Customer's consent, assign in whole or relevant part its rights and obligations under this Agreement to an AT&T Affiliate. In no other case may this Agreement be assigned by either party without the prior written consent of the other party (which consent will not be unreasonably withheld or delayed). In the case of any assignment, the assigning party shall remain financially responsible for the performance of the assigned obligations. (b) AT&T may subcontract to an Affiliate or a third party work to be performed under this Agreement but will remain financially responsible for the performance of such obligations. (c) In countries where AT&T does not have an Affiliate to provide a Service, AT&T may assign its rights and obligations related to such Service to a local service provider, but AT&T will remain responsible to Customer for such obligations. In certain countries, Customer may be required to contract directly with the local service provider. 10.7 Severability. If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section 10.11 (Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in effect and the parties will negotiate in good faith to substitute for such invalid, illegal or unenforceable provision a mutually acceptable provision consistent with the original intention of the parties. 10.8 Injunctive Relief. Nothing in this Agreement is intended to or should be construed to prohibit a party from seeking preliminary or permanent injunctive relief in appropriate circumstances from a court of competent jurisdiction. 10.9 Legal Action. Any legal action arising in connection with this Agreement must be filed within two (2) years after the cause of action accrues, or it will be deemed time-barred and waived. The parties waive any statute of limitations to the contrary. 10.10 Notices. Any required notices under this Agreement shall be in writing and shall be deemed validly delivered if made by hand (in which case delivery will be deemed to have been effected immediately), or by overnight mail (in which case delivery will be deemed to have been effected one (1) business day after the date of mailing), or by first class pre -paid post (in which case delivery will be deemed to have been effected live (5) days after the date of posting), or by facsimile or electronic transmission (in which case delivery will be deemed to have been effected on the day the transmission was sent). Any such notice shall be sent to the office of the recipient set forth on the cover page of this Agreement or to such other office or recipient as designated in writing from time to time. 10.11 Governing taw. This Agreement will be governed by the law of the State of Georgia, without regard to its conflict of law principles, unless a regulatory agency with jurisdiction over the applicable Service applies a different law. The United Nations Convention on Contracts for International Sale of Goods will not apply. ua_ver_lii.doc UA VER 111 11/1612012 AT&T and Customer Confidential Information Page 7 of 9 lm67933 082916 SR 1-4TYNGSF NRLR MASTER AGREEMENT 10.12 Compliance with Laws. Each party will comply with all applicable laws and regulations and with all applicable orders issued by courts or other governmental bodies of competent jurisdiction. 10.13 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and AT&T and does not provide any third party (including Users) the right to enforce it or to bring an action for any remedy, claim, liability, reimbursement or cause of action or any other right or privilege. 10.14 Survival. The respective obligations of Customer and AT&T that by their nature would continue beyond the termination or expiration of this Agreement, including the obligations set forth in Section 5 (Confidential Information), Section 6 (Limitations of Liability and Disclaimers) and Section 7 (Third Party Claims), will survive such termination or expiration. 10.15 Agreement Language. The language of this Agreement is English. If there is a conflict between this Agreement and any translation, the English version will take precedence. 10.16 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter. Except as provided in Section 2.4 (License and Other Terms), this Agreement supersedes all other agreements, proposals, representations, statements and understandings, whether written or oral, concerning the Services or the rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This Agreement will not be modified or supplemented by any written or oral statements, proposals, representations, advertisements, service descriptions or purchase order forms not expressly set forth in this Agreement. 11. E -Verify 11.1. Employment of Unauthorized Aliens Prohibited; E -Verify Affidavits Required. (a) Compliance with the requirements of O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 are conditions of this Agreement (b) AT&T agrees that the employee -number category designated below is applicable to AT&T; 500 or more employees. 100 or more employees. Fewer than 100 employees. (c) If AT&T employs or contracts with any suboonlractor(s) in connection with this Agreement, AT&T will secure from the subcontractor(s) such subcontractor(s') indication of the employee -number category applicable to the subcontractor. (d) AT&T's compliance with the requirements of O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 shall be attested by the execution of a Contractor Affidavit and Agreement (a form of which is attached hereto marked Exhibit 1), which document will be attached to, and become a part of, this Agreement. (e) If AT&T employs or contracts with any subcontractors) in connection with this Agreement, AT&T will secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 by the subcontractor's execution of a Subcontractor Affidavit (a form of which is attached hereto marked Exhibit 2), and maintain records of such attestation for inspection by the City at any time. Such Subcontractor Affidavit shall become a part of the AT&T/subcontractor agreement. 11.2. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, AT&T agrees that, during performance of this Agreement, AT&T, 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, AT&T agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 12. DEFINITIONS °Affrllate" of a party means any entity that controls, is controlled by or is under common control with such party. "API" means an application program interface used to make a resources request from a remote implementer program. An API may include coding, specifications for routines, data structures, abject classes, and protocols used to communicate between programs. "AT&T Software" means software, including APIs, and all associated written and electronic documentation and data owned by AT&T and licensed by AT&T to Customer. AT&T Software does not include software that is not furnished to Customer. ua_ver_fli.doc UA VER 111 11116/2012 AT&T and Customer Confidential Information Page a of 9 Im67933 082916 SR 1-4TYNGSF tJRLR MASTER AGREEMENT °Customer Personal Data' means information that Identifies an individual, that Customer directly or indirectly makes accessible to AT&T and that AT&T collects, holds or uses in the course of providing the Services. "Cutover" means the data Customers obligation to pay for Services begins. "Effective Date of a Pricing Schedule means the date on Which the last party signs the Pricing Schedule unless a later date is required by regulation or law. MARC -Eligible Charges" means the recurring and usage charges (including amounts calculated from unpaid charges that are owed under Section 8.4(c)(i)), after deducting applicable discounts and credits (other than outage or SLA credits), that AT&T charges Customer for the Services identified in the applicable Pricing Schedule as MARC -contributing. The following are not MARC -Eligible Charges: (a) charges for or in connection with Customers purchase of equipment; (b) taxes; and (c) charges imposed In connection with governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation, E911 and deaf relay charges). 'Minimum Payment Period" means the Minimum Payment Period Identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to pay recurring charges for the Service Component. 'Minimum Retention Period' means the Minimum Retention Period identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to maintain service to avoid the payment (or repayment) of certain credits, waived charges or amortized charges. 'Purchased Equipment" means equipment or other tangible products Customer purchases under this Agreement, including any replacements of Purchased Equipment provided to Customer. Purchased Equipment also includes any.intemal code required to operate such Equipment. Purchased Equipment does not include Software but does include any physical media provided to Customer on which Software is stored. 'Service Component" means an individual component of a Service provided under this Agreement. 'Service Publications' means Tariffs, Guidebooks, Service Guides and the AUP. 'Site" means a physical location, Including Customer's collocation space on AT&Ts or its Affiliate's or subcontractors property, where AT&T installs or provides a Service. 'Software° means AT&T Software and Vendor Software. `Third -Party, Service' means a service provided directly to Customer by a third party under a separate agreement between Customer and the third party. 'Vendor Software' means software, including APIs, and all associated written and electronic documentation and data AT&T furnishes to Customer, other than AT&T Software. ua verjii.doc UA VER III 11!1612012 AT&T and Customer Confidential Information Page 9 of 9 im67933 082916 SR 1-4TYNGSF NRLR 20190611-4057 at&t MASTER AGREEMENT Amendment 41 153709UA MA Reference No.153709UA Customer _ AT&T AT&T Sales Contact (for notices) CITY OF MILTON AT&T Corp. (or enter the International Name: Street Address: 2008 HERITAGE WALK Affiliate Name) Street Address: City: Milton Slate/Province: GA City. State/Province: Zip Coda: 30004 Country: USA Zip Code: Country. Customer Contact (for notices) AT&T Contact (for notices) AT&T Solution Provider or Representative Information f a IIca61m1 Name: Joe Lockwood Street Address: Street Address: 745 Peachtree at Title; Mayor City: StatetProvince: City: Atlanta Stale/Province: GA Street Address: 2008 HERITAGE WALK Zip Coda; Country: ZIP Code: 30308 Country: USA City: Milton State/Province: Ga Domestic I Intemallonal IZip Code: Zlp Cods:30004 Country; USA With a copy to: 30004 Domestic I Intema8onal IZIP Code 30004 AT&T Corp. Fax: Email: One AT&T Way aloek@cynergytelecom.com Bedminster, NJ 07921-0752 SalesrBranoh Manager: Russ Kane ATTN: Master Agreement Support Team SCVP Name: Chris Jones Emal:mesf attoorn . This Amendment Number 1 ('Amendment) amends the Mester Agreement, dated September 28, 2016, and shall b3 rft?t signature by the parties ('Effective Date'). Except as modified herein, the terms of tate Master Agreementremala ul force and effect This Amendment also applies to all Service Order Attachments, Addenda, Pricing Scheduln related to the Master Agreement. In the event of any conflict or discrepancy among the MasterAgreementanp Ar; #' n descending order of precedence shag be this Amendment and then the Master Agreement 4 AGREED: Customer 81 (by i- is a�th Jredresentafive) 0�&a r (TY (10 n tl e R S�.["{ AGREED: By: Laura Morales (Typed or Printed Name) (Title) Contract Specialist CGI 12 Jun 2019 (Date) (Date) epprov as to form; ; !4 'fl` N`. �i/yt f i (by its authorized repr 'senta{Ove) (Typed or Printed Name) �)jfaf Irk LJ1-\�4t)tlV�j•'1 (Title) (Date) AmandmantN I AT&T and Cuctumor Canadoat/81 1n1orma9an ROME I•AR41ENe WR 1•ALMIANG pogo 1 or 2 VM63 05232019 SB616H Amendment# 1_to MASTER AGREEMENT 1. CUSTOM TERMS AND CONDITIONS The parties agree to modify the terms and conditions of the Master Agreement, upon the date this Amendment is signed by both parties, as follows: 1.1. Article 8 SUSPENSION AND TERMINATION Section 8.5 is added as follows: 8.5. Non -Appropriations of Funding. If Customer is a government agency dependent entirely on government funding, by executing this Agreement, Customer warrants that Customer has funds appropriated and available to pay all amounts due hereunder through the end of Customers current fiscal period. Customer further agrees to use reasonable efforts to obtain all appropriations and funding necessary to pay for the Services for each subsequent fiscal period through the end of the applicable Minimum Payment Period. In the event Customer is unable to obtain the necessary appropriations or funding for the Services provided under this Agreement, Customer may terminate the Services without liability for the Termination Charges set forth in section 8 (Suspension and Termination) upon the following conditions: (1) Customer has taken all actions necessary to obtain adequate appropriations or funding; (i) despite Customer's best efforts funds have not been appropriated and are otherwise unavailable to pay for the Services; and (iii) Customer has negotiated in good faith with AT&T to develop revised terms, an alternative payment schedule or a new agreement to accommodate Customer's budget. Customer must provide AT&T thirty (30) days' written notice m its intent to terminate the Services under this section. Termination of the Services for failure to obtain necessary appropriations or funding shall be effective as of the last day for which funds were appropriated or otherwise made available. If Customer terminates the Services under this Agreement under this section, Customer agrees as follows: (1) it will pay all amounts due for Services Incurred through date of termination, and reimburse all unrecovered non -retuning charges; and (i) it will not contract with any other provider for the same or substantially similar services or equipment for a period equal to the original Minimum Payment Period for such Service(s). AmemlmcntN 1 AT&T and Customer Confidential Information twos ROME I-AHJTF-HO WR I-AL7-r:MHO Page 2 of 2 w916305232019 IT N _N� L ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 12, 2020 FROM: Steven Krokoff, City Manager a) AGENDA ITEM: Approval of a Contract between the City of Milton and AT&T for Switched Ethernet Services. MEETING DATE: Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,jIAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,,KYES () NO CITY ATTORNEY REVIEW REQUIRED: (.1YES () NO APPROVAL BY CITY ATTORNEY: (APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: oLligllz`1 u 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 MILTON' ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: David Frizzell, IT Manager Date: Submitted on February 10, 2020 for Consent Agenda on the February 19th, 2020 Regular City Council Meeting. Agenda Item: Approval of a Contract between the City of Milton and AT&T for Switched Ethernet Services Department Recommendation: The IS department recommends approval. Executive Summary: This service provides switched internet service between the new Public Safety Complex at 13690 Highway 9 and City Hall at 2006 Heritage Walk. This is subject to the AT&T Amended Master Services Agreement signed on June 3, 2019. Funding and Fiscal Impact: This will replace the existing point-to-point circuit that currently connects 13000 Deerfield Pkwy and 2006 Heritage Walk. Annual costs will be comparable. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis (2/10/2020) Concurrent Review: Steve Krokoff, City Manager Attachment(s): AT&T -NETWORK -ON -DEMAND -CONTRACT ID 7566573-a.pdf City of Milton - AT&T 2016 Master Agreement.pdf AT&T Master Agreement Amendment #1.pdf 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I swwi.cifyofmiltonga.us AT&T Please sign by 03/06/2020 Contract Id: 7566573 AT&T MA Reference No. 153709UA AT&T PS Contract ID SONCHOGHEV AT&T SWITCHED ETHERNET SERVICEsa (with NETWORK ON DEMAND) PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS Customer AT&T CITY OF MILTON AT&T Corp. Street Address: 2006 HERITAGE WALK Printed or Typed Name: City: MILTON StatelProvince: GA Title: Zip Cade: 30004-5892 Country: USA Date: Customer Contact (for Notices) AT&T Contact (for Notices) Name: Joe Lockwood Name: KRISTEN THALMAN Title: Mayor Street Address: 2180 Lake Blvd Street Address: 2006 HERITAGE WALK City: Atlanta State/Province: GA City: MILTON Zip Code: 30319 Country: USA GA State/Province: GA Telephone: 4045394358 Email: kt330g@us.att.com Zip Code: Sales/Branch Manager: Brad Sapir Country: USA SCVP Name: M Murphy Telephone: (678) 242-2484 Sales Strata: Retail Sales Region: USA Email: joe.lockwood@cityofmiltonga.us With a copy (for Notices) to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast att.com AT&T Solution Provider or Representative Information (if applicable) ❑ Name: Company Name: Agent Street Address: City: State: Zip Code: Country: USA Telephone: Email: Agent Code This Pricing Schedule for the service(s) identified below ("Service") is part of the Agreement referenced above. Customer requests that its identity be kept confidential and not be publicly disclosed by AT&T or by any regulatory commission, unless required by law. Services purchased under this Pricing Schedule must be ordered and managed using the AT&T Network on Demand functionality in the AT&T Business Center online portal. AT&T Network on Demand is described in the Network on Demand Guide available at: http:ltcpr.att.com/pdf/publications/NOD Guide.pdf, which is subject to change by AT&T from time to time. Customer's use of AT&T Network on Demand is subject to the Network on Demand Guide and Customer's acceptance of any terms and conditions associated with the Business Center online portal, and such terms take precedence over inconsistent terms in this Agreement. Customer (by its authorized representative) AT&T (by its authorized representative) B: B: Printed or Typed Name: Printed or Typed Name: Title: Title: Date: Date: Approved as to Form: By: Name: Title: City Attome Date: For AT&T internal use only: I Contract Ordering and Billing Number (CNUM): UA required AT&T and Customer Confidential Information ASE _NoD_PS_3PA countersign_eTool pcs_processed_cs_approved Page 1 of 7 06.05.19 vi Contract Id: 7566573 AT&T MA Reference No. 153709UA AT&T PS Contract ID SDNCHOGHEV uAT&T AT&T SWITCHED ETHERNET SERVICES"' (with NETWORK ON DEMAND) PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS 1. SERVICE, SERVICE PROVIDER(S) and SERVICE PUBLICATION(S) 1.1 AT&T Switched Ethernets" Service 1.2 Inside Wiring Service I AT&T Inside Wiring' Service Provider Service Publication Service Publication Same as the AT&T Service Provider for the AT&T Switched EthernetsM Service AT&T Inside Wiring Service Guide Service (incorporated by location Service Provider Geographic Location reference AT&T Switched AT&T Switched Ethernet htto:llcor.att.comindflcomm 21 State AT&T 21 State AT&T ILEC onEthServGuide.html. Ethernetlm Service Service Guide ILECs• Footprint AT&T Switched AT&T Switched Ethemetsm https://serviceguidenew.att. Outside 21 State ILEC com/sg flashPlaverPage/A Ethemetsm Service Third Service Third Party (3PA) AT&T Corp** Footprint where available SE3PA Party (3PA) Service Guide *AT&T Alabama, AT&T Arkansas, AT&T California, AT&T Florida, AT&T Georgia, AT&T Illinois, AT&T Indiana, AT&T Kansas, AT&T Kentucky, AT&T Louisiana, AT&T Michigan, AT&T Mississippi, AT&T Missouri, AT&T Nevada, AT&T North Carolina, AT&T Ohio, AT&T Oklahoma, AT&T South Carolina, AT&T Tennessee, AT&T Texas and AT&T Wisconsin Include "BellSouth Telecommunications LLC d/b/a AT&T Southeast" to the list above ONLY WHEN CUSTOMER IS FEDERAL GOVERNMENT IN ANY OF THE FOLLOWING STATES: AL, FL, GA, KY, LA, MS, NC, SC, TN "Intrastate service in New York and Virginia is provided by AT&T Communications of New York, Inc. and AT&T Communications of Virginia, LLC, respectively. 1.2 Inside Wiring Service I AT&T Inside Wiring' Service Provider I Service Publication Service Publication Location Same as the AT&T Service Provider for the AT&T Switched EthernetsM Service AT&T Inside Wiring Service Guide http:llcpr.att.com/pdf/publications/ASE Ins de Wiring Service Guide Attachment.pdf • AT&T Inside Wiring is not available for Sites outside of AT&T's 21 state ILEC footprint 1.3 Entrance Facility Construction Service I AT&T Entrance Facility Construction* Service Provider Service Publication Service Publication Location Same as the AT&T Service Provider for the AT&T Switched Ethemetsm Service AT&T Entrance Facility Construction Attachment http://cpr.att.com/pdflservice publications/EFC Attachment. - AT&T Entrance Facility Construction is not available for Sites outside of AT&T's 21 state ILEC footprint. UA required AT&T and Customer Confidential Information ASE_NoD_PS_3PA countersign_eTool pcs_processed_cs_approved Page 2 of 7 06.05.19 v1 Contract Id: 7566573 AT&T MA Reference No. 153709UA AT&T PS Contract ID SDNCHOGHEV AT&T AT&T SWITCHED ETHERNET SERVICEsm (with NETWORK ON DEMAND) PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS 2. PRICING SCHEDULE TERM, EFFECTIVE DATES Pricing Schedule Term 36 months Start Date of Minimum Payment Period, per Service Later of the Effective Date or installation of the Service Component Component per Service Component Rate Stabilization per Service Component Rates as specified in this Pricing Schedule for each Service Component are 36 months stabilized until the end of its Minimum Payment Period Pricing following the end of Minimum Payment Non -stabilized prices as modified from time to time in applicable Service Publication Period or, if there is no such pacing, the pricing in this Pricing Schedule 3. MINIMUM PAYMENT PERIOD Service ComponentsPercentage of Monthly Recurring Charge Applied for Minimum Payment Period $214.50 Calculation of Early Termination Charges* per Service Component All other Service Components 50% plus any unpaid or waived non-recurring charges 36 months `Early termination charges shall not exceed the total amount of monthly recurring charges for the remainder of the Minimum Payment Period; refer to Network on Demand Guide for details. 4. ADDS AT&T Switched Ethernet Service Customer Port Connections may be purchased (where available using the Network on Demand process) during the Pricing Schedule Tenn at the rates, terms and conditions herein. 5. RATES and CHARGES 5.1 AT&T SWITCHED ETHERNET SERVICE — 21 State AT&T ILEC Footprint 5.1.1 Monthly Recurring Charges (MRC) All Monthly Recurring Charge (MRC) rates are per port. The total MRC for a port is the sum of the Port Connection MRC, the Bandwidth MRC, and any associated Feature MRC(s). Basic Port Connection MRC Basic Port Connection Speed MRC 100 Mbps $214.50 1 Gbps $214.50 UA required AT&T and Customer Confidential Information ASE_NoD_PS_3PA countersign_eTool pos_processed_cs_approved Page 3 of 7 06.05.19 v1 1 AT&T Contract Id: 7566573 AT&T MA Reference No. 153709UA AT&T PS Contract ID SDNCHOGHEV AT&T SWITCHED ETHERNET SERVICEs" (with NETWORK ON DEMAND) PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS Feature MRC Feature MRC Enhanced Multicast $70.00 5.1.2 Non Recurring Charges (NRC) Standard Non Recurring Charges for installation of new Customer Pod Connections, per the applicable Service Publication, will be waived. 5.1.3 Additional Charges Charges for additional Service options may apply per Service Publication. Charges for special construction, if needed, may also apply. 5.2 AT&T SWITCHED ETHERNET sa SERVICE THIRD PARTY (3PA) • Outside 21 State AT&T ILEC Footprint 5.2.1 Monthly Recurring Charges (MRC) All Monthly Recurring Charge (MRC) rates are per port. The total MRC for a port is the sum of the Third -party local access connection, local mileage MRC, the bandwidth MRC, and any associated feature MRC(s). UA required AT&T and Customer Confidential Information ASE_NoD_PS_3PA oountersign_eTool pcs_processed_cs_approved Page 4 of 7 06.05.19 v1 Bandwidth MRC Committed Information Rate CIR Class of Service (CoS) Business Critical Non Critical High Medium Business Critical High Interactive Real Time 2 Mbps $91.09 $94.23 $113.08 $133.49 $144.49 4Mbps $107.34 $110.50 $129.44 $146.80 $157.85 5 Mbps $136.61 $142.97 $158.85 $174.74 $187.44 8 Mbps $180.68 $187.50 $202.84 $216.47 $231.81 10 Mbps $125.50 $135.50 $165.50 $200.50 $220.50 20 Mbps $175.50 $185.50 $215.50 $245.50 $270.50 50 Mbps $323.40 $338.25 $371.25 $404.25 $435.60 100 Mbps $365.50 $380.50 $415.50 $445.50 $480.50 150 Mbps $530.94 $557.29 $582.82 $607.95 $652.53 250 Mbps $604.95 $635.20 $715.86 $796.52 $855.00 Mbps $665.91 $699.50 $778.54 $857.58 $920.82 500 Mbps $707.17 $742.33 $820.47 $898.61 $965.03 r400 600 Mbps $809.63 $849.73 $939.47 $1002.49 $1073.14 1000 Mbps $740.50 $775.50 $855.50 $925.50 $995.50 Feature MRC Feature MRC Enhanced Multicast $70.00 5.1.2 Non Recurring Charges (NRC) Standard Non Recurring Charges for installation of new Customer Pod Connections, per the applicable Service Publication, will be waived. 5.1.3 Additional Charges Charges for additional Service options may apply per Service Publication. Charges for special construction, if needed, may also apply. 5.2 AT&T SWITCHED ETHERNET sa SERVICE THIRD PARTY (3PA) • Outside 21 State AT&T ILEC Footprint 5.2.1 Monthly Recurring Charges (MRC) All Monthly Recurring Charge (MRC) rates are per port. The total MRC for a port is the sum of the Third -party local access connection, local mileage MRC, the bandwidth MRC, and any associated feature MRC(s). UA required AT&T and Customer Confidential Information ASE_NoD_PS_3PA oountersign_eTool pcs_processed_cs_approved Page 4 of 7 06.05.19 v1 AT&T Contract Id: 7566573 AT&T MA Reference No. 153709UA AT&T PS Contract ID SDNCHOGHEV AT&T SWITCHED ETHERNET SERVICES" (with NETWORK ON DEMAND) PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS Third -Party Local Switched Access Connection MRC Third -Party Local Switched Access Connection MRC Price Group 1 -8 Mileage A Mileage B Price Groups Port Connection Speed Price Price Group 1 Group 2 Price Price Group 3 Group 4 Price Price Group 5 Group 6 Price Group 7 Price Group 8 2 Mbps $403.00 $503.00 $403.00 $503.00 $574.18 $711.80 $839.92 $1010.74 4 Mbps $437.36 $521.85 $437.36 $521.85 $595.70 $738.47 $871.40 $1048.63 5 Mbps $468.60 $530.00 $468.60 $530.00 $605.00 $750.00 $885.00 $1065.00 8 Mbps $485.64 $553.80 $485.64 $553.80 $631.52 $777.27 $983.00 $1117.32 10 Mbps $500.55 $570.00 $500.55 $570.00 $650.00 $800.00 $1011.75 $1150.00 20 Mbps $643.26 $700.00 $643.26 $700.00 $900.00 $1136.00 $1285.00 $1670.00 50 Mbps $805.14 $965.00 $805.14 $965.00 $1125.00 $1285.00 $1610.00 $2090.00 100 Mbps $1015.30 $1150.20 $1015.30 $1150.20 $1360.00 $1625.00 $2030.00 $3000.00 150 Mbps $1199.90 $1440.00 $1199.90 $1440.00 $1680.00 $1920.00 $2395.00 $3115.00 250 Mbps $1667.08 $2000.00 $1667.08 $2000.00 $2330.00 $2665.00 $3330.00 $4330.00 400 Mbps $2159.82 $2590.00 $2159.82 $2590.00 $3020.00 $3450.00 $4315.00 $5610.00 ...M $2533.28 $3035.00 $2533.28 $3035.00 $3545.00 $4050.00 $5060.00 $6580.00 600 Mbps $2815.86 $3375.00 $2815.86 $3375.00 $3940.00 $4500.00 $5625.00 $7315.00 1000 Mbps $2999.75 $3595.00 $2999.75 $3595.00 $4195.00 $4795.00 $5995.00 $7790.00 Customer locations may qualify for service but fall outside of the Price Groups in this table. Customer must contact AT&T for custom pricing and si n a se arate contract for service to those locations. Third Party Local Switched Access Mileage MRC Third Party Local Switched Access Mileage MRC Price Groups Mileage A Mileage B Port Connection Speed Fixed Per Mile Fixed Per Mile 2 Mbps -1000 Mbps NIA $110.05 NIA $110.05 Applicability of mileage will be determined during address qualification. Third Party Local Dedicated Access Connection MRC Third Party Local Dedicated Access Connection MRC Price Groups 1 -7 Price Groups Port Connection Speed Price Price Grou 1 Grou 2 Price Grou 3 Price Group 4 Price Group 5 Price Group 6 Price Group 7 2 Mbps - 50 Mbps $885.00 $885.00 $885.00 $1200.00 $1650.00 $2050.00 $2450.00 >50Mbps -100 Mbps $1320.00 $1320.00 $1320.00 $1500.00 $3000.00 $4000.00 $6550.00 >100 Mbps - 250 Mbps $1320.00 $1320.00 $1320.00 $1500.00 $3000.00 $4000.00 $6550.00 >250 Mbps - 500 Mbps $1800.00 $1800.00 $1800.00 $2750.00 $3500.00 $4600.00 $7000.00 >500 Mbps - 600 Mbps $3098.00 1 $3098.00 1 $3098.00 1 $4500.00 $5650.00 $7200.00 1 $7800.00 1000 Mbps $945.00 1 $3438.00 1 $3438.00 1 $5500.00 $7400.00 $9250.00 1 $10250.00 Customer locations may qualify for service but fall outside of the Price and sin a separate contract for service to those locations. Groups in this table. Customer must contact AT&T for custom pricing UA required pcs_processed_cs_approved AT&T and Customer Confidential Information Page 5 of 7 ASE_NoD_PS_3PA countersign_etool 0605.19 v1 .i' AT&T Contract Id: 7566573 AT&T MA Reference No. 153709UA AT&T PS Contract ID SDNCHOGHEV AT&T SWITCHED ETHERNET SERVICEsa (with NETWORK ON DEMAND) PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS Third Party Local Dedicated Access Mileage MRC Third_Party Local Dedicated Access Mileage MRC Price Groups Port Mileage A Mileage B Mileage C Mileage D Mileage E Mileage F Mileage G Connection Fixed Per Fixed P er Fixed Par Fixed Per Fixed Per Fixed Per Fixed Per Speed $77.00 Mile $84.69 Mile 4 Mbps Mile $80.00 Mile $88.00 Mile 5 Mbps Mile $82.50 Mile 2 Mbps - 50 $189. $6.7 $189. $6.75 $315. $29.1 $315. $29. $189. $61. $189. $6.7 $189. $6.7 Mbps 85 5 85 $115.00 95 1 95 11 85 77 85 5 85 5 >50 Mbps - $277. $9.0 $277. $9.02 $397. $36.2 $397. $36. $277. $66. $277. $9.0 $277. $9.0 100 Mbps 97 2 97 $805.00 60 1 60 21 97 74 97 2 97 2 >100 Mbps - $277. $11. $277. $11.2 $397. $51.1 $397. $51. $277. $69. $277. $11. $277. $11. 250 Mbps 97 29 97 9 60 2 60 12 97 58 97 29 97 29 >250 Mbps - $518. $716. $518. $16.9 $727. $94.4 $727. $94. $518. $98. $518. $16. $518. $16. 500 Mbps 66 66 7 75 3 75 43 66 69 66 97 66 97 >500 Mbps - $822. $24. $822. $24.8 $112 $203. $112 $20 $822. $139 $822. $24. $822. $24. 600 Mbps 61 85 61 5 1.80 06 1.80 3.06 61 .87 61 85 61 85 $1296 $35. $202. $102. $240 $348. $240 $34 N/A $155 N/A $39. $129 $35. 1000 Mbps P .11 00 35 95 3.35 61 3.35 8.61 .49 05 6.11 00 Applicability of mileage will be determined during address qualification. Mileage charged may be fixed only, per mile only or both and will be determined by the Third -Party location. Third -Party Class of Service (CoS) MRC 5.2.2 Additional Charges Charges for additional Service options may apply per Service Publication. Charges for special construction, if needed, may also apply. UA required AT&T and Customer Confidential Information ASE_NoD_PS_3PA countersign_eTool pcs_processed_cs_approved Page 6 of 7 06.05.19 v1 Third -Party MRC Class of Service (CoS) Bandwidth MRC Class of Service (CoS) Committed Information Rate CIR Non Critical High Business Critical Medium Business Critical High Interactive Real Time 2 Mbps $74.69 $77.00 $80.84 $84.69 $88.54 4 Mbps $77.60 $80.00 $84.00 $88.00 $92.00 5 Mbps $80.03 $82.50 $86.63 $90.75 $94.88 8 Mbps $82.45 $85.00 $89.25 $93.50 $97.75 10 Mbps $87.30 $90.00 $94.50 $99.00 $103.50 20 Mbps $97.00 $100.00 $105.00 $110.00 $115.00 50 Mbps $155.20 $160.00 $168.00 $176.00 $184.00 100 Mbps $232.80 $240.00 $252.00 $264.00 $276.00 150 Mbps $485.00 $500.00 $525.00 $550.00 $575.00 250 Mbps $582.00 $600.00 $630.00 $660.00 $690.00 400 Mbps $679.00 $700.00 $735.00 $770.00 $805.00 500 Mbps $776.00 $800.00 $840.00 $880.00 $920.00 600 Mbps $873.00 $900.00 $945.00 $990.00 $1035.00 1000 Mbps $2134.00 $2200.00 $2310.00 $2420.00 $2530.00 5.2.2 Additional Charges Charges for additional Service options may apply per Service Publication. Charges for special construction, if needed, may also apply. UA required AT&T and Customer Confidential Information ASE_NoD_PS_3PA countersign_eTool pcs_processed_cs_approved Page 6 of 7 06.05.19 v1 Contract Id: 7566573 AT&T MA Reference No. 153709UA AT&T PS Contract ID SDNCHOGHEV AT&T AT&T SWITCHED ETHERNET SERVICES" (with NETWORK ON DEMAND) PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS End of Document UA required AT&T and Customer Confidential Information ASE_NoD_PS_3PA countersign_eTool pcs_processed_cs_approved Page 7 of 7 06.05.19 v1 20160921-8177 MASTERAGREEMENf AT&T MA Reference No. 153709UA Customer AT&T City of Milton AT&T Corp. Street Address: 13000 Deerfield Parkway, Suite 107 City: Milton State[Province: GA B: Zip Code: 30004 Country: US Name: In Flandpws Customer Contact for notices AT&T Contact for notices Name: Joe Lockwood Street Address: 754 Peachtree St. NE -15th Flt. Title: Mayor City: Atlanta State/Province: GA Street Address: 13000 Deerfield Parkway, Suite 107 Zip Code: 30308 Country: US City: Milton State/Province: GA Zip Code: 30004 Country: US With a copy to: Telephone: (678) 242-2484 AT&T Corp. Fax: (678) 242-2499 One AT&T Way Email: Joe.Lockwcod@cityofmiltonga.us Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast aft.w This Master Agreement ("Master Agreement), between the customer named above ("Customer) and the AT&T entity named above ('AT&T), is effective when signed by both Customer and AT&T. Customer AT&T (by Its authorized resen 've) (by its authorized representative B. B: r Name: Jl'( -E� Lock-�X-`oock Name: In Flandpws Title: C r l�� li Title: Sr. Contract Manager i'j IT 28 Sep 2016 Date: Date: ua_ver_lii.doo AT&T and Customer Confidential Information Page 1 of 9 UA VER III 1117 812 01 2 ime7933 082916 SR 14TYNGSF NRLR MASTER AGREEMENT 1. INTRODUCTION 1.1 Overview of Documents. This Master Agreement and the following additional documents (collectively, the "Agreement) shall apply to all products and services AT&T provides Customer pursuant to this Agreement ("Services`) and shall continue in effect so long as Services are provided under this Agreement: (a) Pricing Schedules. A "Pricing Schedule" means a pricing schedule (including related attachments) or other document that is attached to or is later executed by the parties and references this Master Agreement. A Pricing Schedule includes the Services, the pricing (including discounts and commitments, if applicable) and the pricing schedule term ("Pricing Schedule Term). (b) Tariffs and Guidebooks. 'Tariffs" are documents containing the descriptions, pricing and other terns and conditions for a Service that AT&T or its Affiliates file with regulatory authorities. 'Guidebooks" are documents (designated as Guidebooks or Price Lists) containing the descriptions, pricing and other terms and conditions for a Service that were but no longer are filed with regulatory authorities. Tariffs and Guidebooks can be found at aff.com/serviceoublicatons or other locations AT&T may designate. (c) Acceptable Use Policy. AT&T's Acceptable Use Policy ("AUP') applies to (1) Services provided over or accessing the Internet and (11) wireless (1e., cellular) data and messaging Services. The AUP can be found at aff.com/auo or other locations AT&T may designate. (d) Service Guides. The descriptions, pricing and other terns and conditions for a Service not covered by a Tariff or Guidebook may be contained in a Service Guide, which can be found at att.00m/serviceoublications or other locations AT&T may designate. 1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: the applicable Pricing Schedule or Order; this Master Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that Tariffs will be first in priority in any jurisdiction where applicable law or regulation does not permit contract terms to take precedence over Inconsistent Tariff terms. 1.3 Revisions to Documents. Subject to Section 8.2(b) (Materially Adverse Impact), AT&T may revise Service Publications at any time. 1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule in its own name, and such Affiliate contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT&T will cause their respective Affiliates to comply wth any such separate and associated contract. 2. AT&T DELIVERABLES 2.1 Services. AT&T will either provide or arrange to have an AT&T Affiliate provide Services to Customer and Its Users, subject to the availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider. if an applicable Service Publication expressly permits placement of an order for a Service under this Master Agreement without the execution of a Pricing Schedule, Customer may place such an order using AT&Ts standard ordering processes (an "Order'), and upon acceptance by AT&T, the Order shall otherwise be deemed a Pricing Schedule under this Master Agreement for the Service ordered. 2.2 AT&T Equipment. Services may be provided using equipment owned by AT&T that is located at the Site (AT&T Equipmenn, but title to the AT&T Equipment will remain with AT&T. Customer must provide adequate space and electric power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or damage to the AT&T Equipment (other than ordinary wear and tear), except to the extent caused by AT&T or its agents. 2.3 Purchased Equipment. Except as specified in a Service Publication, title to and risk of loss of Purchased Equipment shall pass to Customer on delivery to the transport carder for shipment to Customer's designated location. 2.4 License and Other Terms. Software, Purchased Equipment and Third -Party Services may be provided subject to the terms of a separate license or other agreement between Customer and either the licensor, the third -party service provider or the manufacturer. Customers execution of the.Pdcing Schedule for or placement of an Order for Software, Purchased Equipment or Third -Party Services is Customer's agreement to comply with such separate agreement Unless a Service Publication specifies otherwise, AT&T's sole responsibility with respect to Third -Party Services Is to place Customer's orders for Third -Party Services, except that AT&T may invoice and collect payment from Customer for the Third -Party Services. 3. CUSTOMER'S COOPERATION 3.1 Access Right. Customer will In a timely manner.allow AT&T access as reasonably required for the Services to property and equipment that Customer controls and will obtain at Customer's expense timely access for AT&T as reasonably required for the Services to property controlled by third parties such as Customer's landlord. AT&T will coordinate with and, except in an emergency, obtain Customer's consent to enter upon Customer's property and premises, which consent shall not be unreasonably withheld. Access rights mean the right to construct, Install, repair, maintain, replace and remove access lines and network facilities and the right to use ancillary equipment space within a building for Customer's connection to AT&Ts network. Customer must provide AT&T timely information and access to Customer's facilities and equipment as AT&T reasonably requires for the Services, subject to Customer's reasonable security policies. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities and other items as AT&T reasonably requires for the Services and will obtain any necessary licenses, permits and consents (including easements and rights -01 - way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule. ua_ver_lii.doc UA VER 111 11/1612012 AT&T and Customer Confidential Information Page 2 of 9 im67933 082916 SR 14TYNGSF NRLR MASTER AGREEMENT 3.2 Safe Working Environment Customer will ensure that the location at which AT&T installs, maintains or provides Services is a safe working environment, free of Hazardous Materials and reasonably suitable for the Services. *Hazardous Materials' mean any substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal or release is regulated by any law related to pollution, to protection of air, water or sail or to health and safety. AT&T shall have no obligation to perform work at a location that is not a suitable and safe working environment or to handle, remove or dispose of Hazardous Materials. 3.3 Users. "User' means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply with this Agreement and is responsible for Users' use of any Service unless expressly provided to the contrary in an applicable Service Publication. 3.4 Resale of Services. Customer may not resell the Services or rebrand the Services for resale to third parties without AT&Ts prior written consent 4, PRICING AND BILLING 4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. The prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term and will apply in lieu of the corresponding prices set forth in the applicable Service Publication. No promotion, credit, discount or waiver set forth in a Service Publication will apply. Unless the Pricing Schedule states otherwise, at the end of the Pricing Schedule Term, Customer may continue Service (subject to any applicable notice or other requirements In a Service Publication for Customer to terminate a Service Component) under a month -lo -month service arrangement at the prices, terms and conditions in effect on the last day of the Pricing Schedule Term. AT&T may change such prices, terms or conditions on 30 days' prior notice to Customer. 4.2 Additional Charges and Taxes. Prices set forth in a Pricing Schedule are exclusive of and Customer will pay all taxes (excluding those on AT&Ts net income), surcharges, recovery fees, customs clearances, duties, levies, shipping charges and other similar charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides a valid exemption certificate prior b the delivery of Services. To the extent required by law, Customer may withhold or deduct any applicable taxes from payments due to AT&T, provided that Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty and will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. 4.3 Billing. Unless a Service Publication specifies otherwise, Customer's obligation to pay for a Service Component begins upon availability of the Service Component to Customer. Customer will pay AT&T without deduction, setoff or delay for any reason (except for withholding taxes as provided in Section 4.2 - Additional Charges and Taxes or in Section 4.5 - Delayed Billing; Disputed Charges). At Customer's request, but subject to AT&Ts consent (which may not be unreasonably withheld or withdrawn), Customer's Affiliates may be invoiced separately, and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customers Affiliates do not pay charges in accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T determines, in its reasonable judgment, that Customer or its Affiliates are not creditworthy, and AT&T may apply such deposit to any charges owed. 4.4 Payments. Payment is due within 30 days after the date of the Invoice (unless another date is specified in an applicable Tariff or Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements or other statements an checks are void. Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored payments, including reasonable attorneys' fees. AT&T may charge late payment fees at the lowest of (a) 1.5% per month (18% per annum), (b) for Services contained in a Tariff or Guidebook at the rate specified therein, or (c) the maximum rate allowed by law for overdue payments. 4.5 Delayed Billing; Disputed Charges. Customer will not be required to pay charges for Services initially invoiced more than 6 months after dose of the billing period in which the charges were incurred, except for calls assisted by an automated or live operator. If Customer disputes a charge, Customer will provide notice to AT&T specifically identitying the charge and the reason it is disputed within 6 months after the date of the invoice in which the disputed charge initially appears, or Customer waives the right to dispute the charge. The portion of charges in dispute may be withheld and will not be considered overdue until AT&T completes its investigation of the dispute, but Customer may incur late payment fees in accordance with Section 4.4 (Payments). Following AT&T's notice of the results of its investigation to Customer, payment of all properly due charges and properly accrued late payment fees must be made within ten (10) business days. AT&T will reverse any late payment fees that were invoiced in error. 4.6 Credit Terms. AT&T retains a lien and purchase money secudty interest in each item of Purchased Equipment and Vendor Software unfit Customer pays all sums due. AT&T is authorized to sign and file a financing statement to perfect such security interest 4.7 MARC. Minimum Annual Revenue Commitment ("MARC') means an annual revenue commitment set forth in a Pricing Schedule that Customer agrees to satisfy during each 12 -consecutive -month period of the Pricing Schedule Tenn. If Customer fails to satisfy the MARC for any such 12 -month period, Customer will pay a shortfall charge in an amount equal to the difference between the MARC and the total of the applicable MARC -Eligible Charges incurred during such 12 -month period, and AT&T may withhold contractual credits unfit Customer pays the shortfall charge. ua ver_Ill.dcc UA VER 111 11116/2012 AT&T and Customer Confidential Information Page 3 of 9 im67933 082916 SR 1-4TYNGSF NRLR MASTER AGREEMENT 4.8 Adjustments to MARC. (a) In the event of a business downturn beyond Customer's control, or a corporate divestiture, merger, acquisition or significant restructuring or reorganization of Customer's business, or network optimization using other Services, or a reduction of AT&T's prices, or a force majeure event, any of which significantly impairs Customer's ability to meet a MARC, AT&T will offer to adjust the affected MARC to reflect Customer's reduced usage of Services (with a corresponding adjustment to the prices, credits or discounts available at the reduced MARC level). If the parties reach agreement on a revised MARC, AT&T and Customer will amend the affected Pricing Schedule prospectively. This Section 4.8 will not apply to a change resulting from Customer's decision to use service providers other than AT&T. Customer will provide AT&T notice of the conditions Customer believes will require the application of this provision. This provision does not constitute a waiver of any charges, including rdonthly recurring charges and shortfall charges, Customer incurs prior to amendment of the affected Pricing Schedule. (b) It Customer, through merger, consolidation, acquisition or otherwise, acquires a new business or operation, Customer and AT&T may agree in writing to include the new business or operation under this Agreement. Such agreement will specify the impact, if any, of such addition on Customer's MARC or other volume or growth discounts and on Customer's attainment thereof. 5. CONFIDENTIAL INFORMATION 5.1 Confidential Information. Confidential Information means: (a) Information the parties or their Affiliates share with each other in connection with this Agreement or in anticipation of providing Services under this Agreement (Including pricing or other proposals), but only to the extent identified as Confidential Information in Vmfing; and (b) except as may be required by applicable law or regulation, the terns of this Agreement. 5.2 Obligations. A disclosing party s Confidential Information will, for a period of 3 years following its disclosure to the other party (except in the case of software, for which the perjod is indefinite): (a) not be disclosed, except to the receiving party's employees, agents and contractors having a need -to -know (but only if such agents and contractors are not direct competitors of the other party and agree in writing to use and disclosure restrictions as restrictive as this Section 5) or to the extent authorized to be revealed by law, governmental authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing party to the extent practicable and not prohibited by law, governments] authority or legal process); (b) be held in confidence; and (c) be used only for purposes of using the Services, evaluating proposals for new services or performing this Agreement (Including in the case of AT&T to detect fraud, to check quality and to operate, maintain and enhance the network and Services). 5.3 Exceptions. The restrictions in this Section 5 will not apply to any information that: (a) is independently developed by the receiving party without use of the disclosing party's Confidential Information; (b) is lawfully received by the receiving party free of any obligation to keep it confidential; or (c) becomes generally available to the public other than by breach of this Agreement. 5.4 Privacy. Each party is responsible for complying with the privacy laws applicable to its business. AT&T shall require its personnel, agents and contractors around the world who process Customer Personal Data to protect Customer Personal Data in accordance with the data protection laws and regulations applicable to AT&Ts business. If Customer does not want AT&T to comprehend Customer data to which It may have access In performing Services, Customer must encrypt such data so that It will be unintelligible. Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customer's and AT&Ts collection and use of the User, employee or agent information in connection with a Service. Customer will only make accessible or provide Customer Personal Data to AT&T when it has the legal authority to do so. Unless otherwise directed by Customer in writing, If AT&T designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customers customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. 6. LIMITATIONS OF LIABILITY AND DISCLAIMERS 6.1 Limitation of Liability. (a) EITHER PARTY'S ENTIRE LIABILITY AND THE OTHER PARTY'S EXCLUSIVE REMEDY FOR DAMAGES ON ACCOUNT OF ANY CLAIM ARISING OUT OF AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL BE: (i) FOR BODILY INJURY, DEATH OR DAMAGE TO REAL PROPERTY OR TO TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY A PARTY'S NEGLIGENCE, PROVEN DIRECT DAMAGES; (ii) FOR BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity) OR SECTION 10.2 (Trademarks), PROVEN DIRECT DAMAGES; (ill) FOR ANY THIRD -PARTY CLAIMS, THE REMEDIES AVAILABLE UNDER SECTION 7 (Third Party Claims); (iv) FOR CLAIMS ARISING FROM THE OTHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVEN DAMAGES; OR (v) FOR CLAIMS OTHER THAN THOSE SET FORTH IN SECTION 6.1(a)(q-(ivj, PROVEN DIRECT DAMAGES NOT TO EXCEED, ON A PER CLAIM OR AGGREGATE BASIS DURING ANY TWELVE (12) MONTH PERIOD, AN AMOUNT EQUAL TO THE TOTAL NET CHARGES INCURRED BY CUSTOMER FOR THE AFFECTED SERVICE IN THE RELEVANT COUNTRY DURING THE THREE (3) MONTHS PRECEDING THE MONTH IN WHICH THE CLAIM AROSE. ua_ver Iil.doc UA VER III 11116/2012 AT&T and Customer Confidential Information Page 4 of 9 Im67933 082916 SR 1-4TYNGSF NRLR MASTER AGREEMENT (b) EXCEPT AS SET FORTH IN SECTION 7 (Third Party Claims) OR IN THE CASE OF A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR FOR INCREASED COST OF OPERATIONS. (c) THE LIMITATIONS IN THIS SECTION 6 SHALL NOT LIMIT CUSTOMER'S RESPONSIBILITY FOR THE PAYMENT OF ALL PROPERLY DUE CHARGES UNDER THIS AGREEMENT. 6.2 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR ANY SERVICE ERROR OR INTERRUPTION, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911 OR OTHER EMERGENCY RESPONSE CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR CREDITS EXPLICITLY SET FORTH IN THIS AGREEMENT); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER'S (OR ITS AFFILIATES', USERS' OR THIRD PARTIES') APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS. 6.3 Purchased Equipment and Vendor Software Warranty. AT&T shall pass through to Customer any warranties for Purchased Equipment and Vendor Software available from the manufacturer or licensor. The manufacturer or licensor, and not AT&T, is responsible for any such warranty terms and commitments. ALL SOFTWARE AND PURCHASED EQUIPMENT IS OTHERWISE PROVIDED TO CUSTOMER ON AN "AS IS° BASIS. 6.4 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON -INFRINGEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY ARISING BY USAGE OF TRADE OR BY COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER) AND MAKES NO GUARANTEE REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT TO LOAD BALANCING OR THAT AT&TS SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER'S DATA AND INFORMATION. 6.5 Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement will apply regardless of the form of action, whether In contract, equity, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a party was advised of the possibility of such damages and will apply so as to limit the liability of each party and its Affiliates and their respective employees, directors, subcontractors and suppliers. The limitations of liability and disclaimers set out in this Section 6 will survive failure of any exclusive remedies provided in this Agreement 7. THIRD PARTY CLAIMS 7.1 AT&T's Obligations. AT&T agrees at its expense to defend and either to settle any third -party claim against Customer, ils Affiliates and its and their respective employees and directors or to pay all damages that a court finally awards against such parties for a claim alleging that a Service provided to Customer under this Agreement infringes any patent, trademark, copyright or trade secret, but not where the claimed infringement arises out of or results from: (a) Customers, its Affiliate's or a Users content; (b) modifications to the Service by Customer, Its Affiliate or a third party, or combinations of the Service with any non -AT&T services or products by Customer or others; (c) AT&Ts adherence to Customers or its Affiliate's wriften requirements; or (d) use of a Service in violation of this Agreement. 7.2 Customer's Obligations. Customer agrees at its expense to defend and either to settle any third -party claim against AT&T, its Affiliates and its and their respective employees, directors, subcontractors and suppliers or to pay all damages that a court finally awards against such parties for a claim that: (a) arises out of Customers, its Atfifiate's or a User's access to or use of the Services and the claim is not the responsibility of AT&T under Section 7.1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret and falls within the exceptions in Section 7.1; or (c) alleges a breach by Customer, its Affiliate or a User of a Software license agreement 7.3 Infringing Services. Whenever AT&T is liable under Section 7.1, AT&T may at its option either procure the right for Customer to continue using, or may replace or modify, the Service so that it is non -infringing. 7.4 Notice and Cooperation. The party seeking defense or settlement of a third -party claim under this Section 7 will provide notice to the other party promptly upon teaming of any claim for which defense or settlement may be sought, but failure to do so will have no effect except to the extent the other party is prejudiced by the delay. The party seeking defense or settlement will allow the other party to control the defense and settlement of the claim and will reasonably cooperate with the defense. The defending party will use counsel reasonably experienced in the subject matter at Issue and will not settle a claim without the written consent of the party being defended, which consent will not be unreasonably withheld or delayed, except that no consent will be required to settle a claim where relief against the party being defended is limited to monetary damages that are paid by the defending party under this Section 7. 7.5 AT&T's obligations under Section 7.1 shall not extend to actual or alleged Infingement or misappropriation of intellectual property based on Purchased Equipment, Software, or Third -Party Services. ua_ver ill.doc LAVER 111 1111612012 AT&T and Customer Confidential Information Page 5 of 9 Jm67933 082916 SR i•4TYNGSF NRLR MASTER AGREEMENT 8. SUSPENSION AND TERMINATION 8.1 Termination of Agreement. This Agreement may be terminated immediately upon notice by either party if the other party becomes Insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state insolvency proceeding or makes an assignment for the benefit of its creditors. 8.2 Termination or Suspension. The following additional termination provisions apply: (a) Material Breach. If either party fails to perform or observe any material warranty, representation, term or condition of this Agreement, including non-payment of charges, and such failure continues unremedied for 30 days after receipt of notice, the aggrieved party may terminate (and AT&T may suspend and later terminate) the affected Service Components and, if the breach materially and adversely affects the entire Agreement, terminate (and AT&T may suspend and later terminate) the entire Agreement (b) Materially Adverse Impact. If AT&T revises a Service Publication, the revision has a materially adverse impact on Customer and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after receipt of notice from Customer, then Customer may, as Customer's sole remedy, elect to terminate the affected Service Components on 30 days' notice to AT&T, given not later than 90 days after Customer first learns of the revision to the Service Publication. 'Materially adverse impacts' do not Include changes to non -stabilized pricing, changes required by governmental authority, or assessment of or changes to additional charges such as surcharges or taxes. (c) Internet Services. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, AT&T may suspend the affected Service Components. AT&T reserves the fight, however, to suspend or terminate immediately when: (i) AT&Ts suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that certain conduct must be stopped; or (ii) AT&T reasonably determines that (a) it may be exposed to sanctions, liability, prosecution or other adverse consequences under applicable law if AT&T were to allow the violation to continue; (b) such violation may harm or interfere with the integrity, normal operations or security of AT&T's network or networks with which AT&T Is interconnected or may interfere with another customer's use of AT&T services or the Internet; or (c) such violation otherwise presents an imminent risk of harm to AT&T, AT&Ts customers or its or their respective employees. (d) Fraud or Abuse. AT&T may terminate or suspend an affected Service or Service Component and, if the activity materially and adversely affects the entire Agreement, terminate or suspend the entire Agreement, Immediately by providing Customer with as much advance notice as is reasonably practicable under the circumstances if Customer, in the course of breaching the Agreement (t) commits a fraud upon AT&T; (it) uses the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses AT&T's network or Service; or (v) interferes with another customer's use of AT&Ts network or services. (e) Infringing Services. If the options described in Section 7.3 (Infringing Services) are not reasonably available, AT&T may at its option terminate the affected Services or Service Components without liability other than as stated in Section 7.1 (AT&Ts Obligations). (1) Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site, AT&T may terminale the affected Services or Service Components or may suspend performance until Customer removes and remediates the Hazardous Materials at Customers expense in accordancewith applicable law. 8.3 Effect of Termination. (a) Termination or suspension by either party of a Service or Service Component does not waive any other rights or remedies a party may have under this Agreement and will not affect the rights and obligations of the parties regarding any other Service or Service Component. (b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of termination. 8.4 Termination Charges. (a) If Customer terminates this Agreement or an affected Service or Service Component for cause in accordance with the Agreement or if AT&T terminates a Service or Service Component other than for cause, Customer will not be liable for the termination charges set forth in this Section 8.4. (b) If Customer or AT&T terminates a Service or Service Component prior to Cutover other than as set forth in Section 8.4(a), Customer (i) will pay any pre -Cutover termination or cancellation charges set out in a Pricing Schedule or Service Publication, or (ii) in the absence of such specified charges, will reimburse AT&T for time and materials incurred prior to the effective date of termination, plus any third party charges resulting from the termination. (c) If Customer or AT&T terminates a Service or Service Component after Cutover other than as set forth in Section 8.4(a), Customer will pay applicable termination charges as follows: (i) 50% (unless a different amount Is specified in the Pricing Schedule) of any unpaid recurring charges for the terminated Service or Service Component attributable to the unexpired portion of an applicable Minimum Payment Period; (ii) if termination occurs before the end of an applicable Minimum Retention Period, any associated credits or waived or unpaid non-recurring charges; and (iii) any charges incurred by AT&T from a third party (i.e., ua_ver ili.doc UA VER 111 11/1612012 AT&T and Customer Confidential Information Page 6 of 9 Im67933 082916 SR 1-4TYNGSF NRLR MASTER AGREEMENT not an AT&T Affiliate) due to the termination. The charges set forth in Sections 8.4(c)(i) and (ii) will not apply if a terminated Service Component is replaced with an upgraded Service Component at the same Site, but only If the Minimum Payment Period or Minimum Retention Pedod, as applicable, (the 'Minimum Period") and associated charge for the replacement Service Component am equal to or greater than the corresponding Minimum Pedod and associated charge for the terminated Service Component, respectively, and if the upgrade is not restricted in the applicable Service Publication. (d) In addition, if Customer terminates a Pricing Schedule that has a MARC, Customer will pay an amount equal to 50% of the unsatisfied MARC for the balance of the Pricing Schedule Term. 9. IMPORTIEXPORT CONTROL Neither party will use, distribute, transfer or transmit any equipment, services, software or technical information provided under this Agreement (even if incorporated into other products) except In compliance with all applicable import and export laws, conventions and regulations. 10. MISCELLANEOUS PROVISIONS 10.1 Publicity. Neither party may issue any public statements or announcements relating to the terms of this Agreement or to the provision of Services without the prior written consent of the other party. 10.2 Trademarks. Each party agrees not to display or use, in advertising or otherwise, any of the other party's trade names, logos, trademarks, service marks or other indicia of origin without the other partys prior written consent, which consent may be revoked at any time by notice. 10.3 Independent Contractor. Each party is an independent contractor. Neither party controls the other, and neither party nor its Affiliates, employees, agents or contractors are Affiliates, employees, agents or contractors of the other party. 10.4 Force Majeure. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies or other causes beyond such partys reasonable control. 10.5 Amendments and Waivers. Any supplement to or modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement will not operate as a waiver of any other breach of this Agreement. 10.6 Assignment and Subcontracting. (a) Customer may, without AT&T's consent but upon notice to AT&T, assign in whole or relevant part its rights and obligations under this Agreement to a Customer Affiliate. AT&T may, without Customer's consent, assign in whole or relevant part its rights and obligations under this Agreement to an AT&T Affiliate. In no other case may this Agreemeni be assigned by either party without the prior written consent of the other party (which consent will not be unreasonably withheld or delayed). In the case of any assignment, the assigning party shall remain financially responsible for the performance of the assigned obligations. (b) AT&T may subcontract to an Affiliate or a third party work to be performed under this Agreement but will remain financially responsible for the performance of such obligations. (c) In countries where AT&T does not have an Affiliate to provide a Service, AT&T may assign its rights and obligations related to such Service to a local service provider, but AT&T will remain responsible to Customer for such obligations. in certain countries, Customer may be required to contract directly with the local service provider. 10.7 Severability. If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section 10.11 (Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in effect and the parties will negotiate in goad faith to substitute for such invalid, illegal or unenforceable provision a mutually acceptable provision consistent with the original intention of the parties. 10.8 Injunctive Relief. Nothing in this Agreement is Intended to or should be construed to prohibit a party from seeking preliminary or permanent injunctive relief in appropriate circumstances from a court of competent jurisdiction. 10.9 Legal Action. Any legal action arising in connection with this Agreement must be filed within two (2) years after the cause of action accrues, or it will be deemed time-barred and waived. The parties waive any statute of limitations to the contrary. 10.10 Notices. Any required notices under this Agreement shall be in writing and shall be deemed validly delivered If made by hand (in which case delivery will be deemed to have been effected immediately), or by overnight mail (in which case delivery will be deemed to have been effected one (1) business day after the date of mailing), or by first class pre -paid post (in which case delivery will be deemed to have been effected five (5) days after the date of posting), or by facsimile or electronic transmission (in which case delivery will be deemed to have been effected on the day the transmission was sent). Any such notice shall be sent to the office of the recipient set forth on the cover page of this Agreement or to such other office or recipient as designated in writing from time to time. 10.11 Governing Law. This Agreement will be governed by the law of the State of Georgia, without regard to its conflict of law principles, unless a regulatory agency with jurisdiction over the applicable Service applies a different law. The United Nations Convention on Contracts for International Sale of Goods will not apply. ua_ver_lii.doc UA VER 111 11116/2012 AT&T and Customer Confidential Information Page 7 of 9 jm67933 082916 SR 1-4TYNGSF NRLR MASTER AGREEMENT 10.12 Compliance with Laws. Each party w111 comply with all applicable laws and regulations and with all applicable orders issued by courts or other governmental bodies of competent jurisdiction. 10.13 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and AT&T and does not provide any third party (including Users) the right to enforce it or to bring an action for any remedy, claim, liability, reimbursement or rause of action or any other right or privilege. 10.14 Survival. The respective obligations of Customer and AT&T that by their nature would continue beyond the termination or expiration of this Agreement, including the obligations set forth In Section 5 (Confidential Information), Section 6 (Limitations of Liability and Disclaimers) and Section 7 (Third Party Claims), will survive such termination or expiration. 10.15 Agreement Language. The language of this Agreement is English. If there is a conflict between this Agreement and any translation, the English version will take precedence. 10.16 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to Its subject matter. Except as provided In Section 2.4 (License and Other Terms), this Agreement supersedes all other agreements, proposals, representations, statements and understandings, whether written or oral, concerning the Services or the rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This Agreement will not be modified or supplemented by any written or oral statements, proposals, representations, advertisements, service descriptions or purchase order forms not expressly set forth in this Agreement. 11. E•Verify 11.1. Employment of Unauthorized Aliens Prohibited; E -Verify Affidavits Required. (a) Compliance with the requirements of O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 are conditions of this Agreement (b) AT&T agrees that the employee -number category designated below is applicable to AT&T: 500 or more employees. Ido or more employees. Fewer than 100 employees. (c) If AT&T employs or contracts with any subcontractor(s) in connection with this Agreement, AT&T will secure from the subcontractor(s) such suboontractor(s') indication of the employee -number category applicable to the subcontractor. (d) AT&T's compliance with the requirements of O.C.G.A. § 13-10.91 and Georgia Department of Labor Rule 300-10-1-.02 shall be attested by the execution of a Contractor Affidavit and Agreement (a form of which Is attached hereto marked Exhibit 1), which document will be attached to, and become a part of, this Agreement. (e) If AT&T employs or contracts with any suboontractor(s) in connection with this Agreement, AT&T will secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.GA. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02 by the subcontractor's execution of a Subcontractor Affidavit (a form of which Is attached hereto marked Exhibit 2), and maintain records of such attestation for inspection by the City at any time. Such Subcontractor Affidavit shall become a part of the AT&Tlsubcontractor agreement. 11.2. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as emended, 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, AT&T agrees that, during performance of this Agreement. AT&T, 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, AT&T agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 12. DEFINITIONS "Affillate" of a party means any entity that controls, is controlled by or is under common control with such party. "API" means an application program interface used to make a resources request from a remote implementer program. An API may include coding, specifications for routines, data structures, object classes, and protocols used to communicate between programs. "AT&T Software' means software, including APIs, and all associated written and electronic documentation and data owned by AT&T and licensed by AT&T to Customer. AT&T Software does not include software that is not furnished to Customer. ua ver_ill.doc UA VER 111 1111612012 AT&T and Customer Confidential Information Page 8 of 9 fm67933 082916 SR 1-4TYNGSF NRLR MASTER AGREEMENT "Customer Personal Data' means information that identifies an individual, that Customer directly or indirectly makes accessible to AT&T and that AT&T collects, holds or uses in the course of providing the Services. "Cutover" means the date Customers obligation to pay for Services begins. "Effective Date of a Pricing Schedule means the data on which the last party signs the Pricing Schedule unless a later date is required by regulation or law. 'MARC•Eliglble Charges" means the recurring and usage charges (including amounts calculated from unpaid charges that are owed under Section 8.4(c)(i)), after deducting applicable discounts and credits (other than outage or SLA credits), that AT&T charges Customer for the Services identified in the applicable Pricing Schedule as MARC -contributing. The following are not MARC -Eligible Charges: (a) charges for or in connection with Customers purchase of equipment (b) taxes; and (c) charges imposed in connection with governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation, E911 and deaf relay charges). "Minimum Payment Period" means the Minimum Payment Period Identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to pay recurring charges for the Service Component. 'Minimum Retention Period' means the Minimum Retention Period identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to maintain service to avoid the payment (or repayment) of certain credits, waived charges or amortized charges. 'Purchased Equipment" means equipment or other tangible products Customer purchases under this Agreement including any replacements of Purchased Equipment provided to Customer. Purchased Equipment also includes any internal code required to operate such Equipment. Purchased Equipment does not include Software but does include any physical media provided to Customer on which Software is stored. 'Service Component" means an individual component of a Service provided under this Agreement 'Service Publications" means Tariffs, Guidebooks, Service Guides and the AUP. 'Site" means a physical location, Including Customers collocation space on AT&Ts or its Affiliate's or subcontractors property, where AT&T installs or provides a Service. "Software" means AT&T Software and Vendor Software. 'Third -Party Service' means a service provided directly to Customer by a third party under a separate agreement between Customer and the third party. 'Vendor Software" means software, including APIs, and all associated written and electronic documentation and data AT&T furnishes to Customer, other than AT&T Software. ua_ver iii.doc UA VER 11111/16/2012 AT&T and Customer Confidential Information Page 9 of 9 Im67933 082916 SR 1-4TYNGSF NRLR 20190611-4057 TAW MASTER AGREEMENT Amendment # 1 153709UA MA Reference No.153709UA Customer AT&T AT&T Sales Contact (tor notices) CITY OF MILTON AT&T Corp. (or enter the International Name: Skeet Address: 2006 HERITAGE WALK Affiliate Name) Street Address: City: Milion SlatelProvince: GA City: StdtelProvince: Zip Code: 30004 Country: USA Zip Code: Country: Customer Contact (for notices) AT&T Contact (for notices) AT&T Solution Provider or Representative Information f a llcahle) Name: Joe Lockwood _ Street Address: Street Address: 745 Peachtree st Title: Mayor City: State/Province: City: Atlanta State/Province: GA Street Address: 2006 HERITAGE WALK Zip code: Country: Zip Code: 30308 Country. USA City: Milton Stale/Province: Ga Domesticl International l Zip Code: Zip Code:30004 Country: USA With a copy to: 30004 Domestic I International IZip Code 30004 AT&T Corp. Fax: Email: One AT&T Way alook@cyn-rgytelecom.com Bedminster, NJ 07921-0752 Sales/Branch Manager. Russ Kane ATTN: Master Agreement Support Team SCUP Name: Chris Jones Email: m a This Amendment Number 1 ('Amendment's amends the Mester Agreement, dated September 28, 2016, and shall be grace "r signature by the parties ('Effective Date°). Except as modified herein, the terms of the Master Agreement remain di ih force and effect. This Amendment also applies to all Service Order Attachments, Addenda, Prtcmg Schedules; related to the Master Agreement. In the event of any conflict or discrepancy among the Master Agreement Lind descending order of precedence shall be this Amendment and then The Master Agreement. AGREED: Customer,,, AGREED: TB.T BY' By: —,, (by its 2341 representative) _ y its authorized reprosentat ve) (74, T Laura do&nkdlt &ei7 (L.�,.(' ' 1 (Typed or Printed Name) Morales I, (Tills `10 ` 0 (Title) Contract Specialist CGI (Date) (Date) 12 Jun 2019 SB616H Approv as to form: (by its authorized reprsent five) 50�VA V0,-AV6WvAP') (Typed or Printed Name) J C,'41 ,�i� vV" (Title) 6-5-19 (Date) Amendmaata I AT&T and Cuatomor Cnnfldondal lnrmmaean twos ROME I•ARMWO WR 1•ALZKMNG Paso 1 of 2 V)91630523201? Amendment # _7_ to MASTER AGREEMENT 1. CUSTOM TERMS AND CONDITIONS The parties agree to modify the terms and conditions of the Master Agreement, upon the date this Amendment is signed by both parties, as follows: 1.1. Article 8 SUSPENSION AND TERMINATION Section 8.5 is added as follows: 8.5. Non- Appropriations of Funding. If Customer is a government agency dependent entirely on government funding, by executing this Agreement, Customer warrants that Customer has funds appropriated and available to pay all amounts due hereunder through the end of Customer's current fiscal period. Customer further agrees to use reasonable efforts to obtain all appropriations and funding necessary to pay for the Services for each subsequent fiscal period through the end of the applicable Minimum Payment Period. In the event Customer is unable to obtain the necessary appropriations or funding for the Services provided under this Agreement, Customer may terminate the Services without liability for the Termination Charges set forth in section 8 (Suspension and Termination) upon the following conditions: (1) Customer has taken all actions necessary to obtain adequate appropriations or funding; (i) despite Customer's best efforts funds have not been appropriated and are otherwise unavailable to pay for the Services; and (iii) Customer has negotiated In good faith with AT&T to develop revised terms, an alternative payment schedule or a new agreement to accommodate Customer's budget. Customer must provide AT&T thirty (30) days' written notice of its intent to terminate the Services under this section. Termination of the Services for failure to obtain necessary appropriations or funding shall be effective as of the last day for which funds were appropriated or otherwise made available. If Customer terminates the Services under this Agreement under this section, Customer agrees as follows: () it will pay all amounts due for Services Incurred through date of termination, and reimburse all unrecovered non-recurring charges; and (i) it will not contract with any other provider for the same or substantially similar services or equipment for a period equal to the original Minimum Payment Period for such Service(s). Amendmc A 1 AT&T and Customer Conndonlial information lotca ROME 1-AMTEN0 Wit 1-AL7.r:MNO Page 2 of 2 VJ9163 05232019 MILTON* ESTABLISHED 2006 TO: City Council DATE: February 12, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Approval of Subdivision Plats and Revisions MEETING DATE: Wednesday, February 19, 2020 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 (AO CITY ATTORNEY REVIEW REQUIRED: () YES (aAO APPROVAL BY CITY ATTORNEY: (J APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 19 I 1-41 u 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 MILTON'S ES[MLISHED 2006 To: Honorable Mayor and City Council Members From: Parag Agrawal, Community Development Director Date: Submitted on February 6, 2020 for the February 19, 2020 Regular Council Meeting Agenda Item: Approval of Subdivision Plats and Revisions Approval Department Recommendation: To approve the subdivision related plat 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. The Susan Lesley Chandlee minor plat described herein consists of a 14.48 parcel located at 13540 Bethany Road to be subdivided into two separate lots. The size of the lots ranges from 1.1 to 13.2 acres. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None - not required. Concurrent Review: Steven Krokoff, City Manager Affachment(s): 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cifyofmiltonga.us I www.cityofmilfongo.us 0000 Consent Agenda Plats Staff Memo Plat List, Location Map, Plats Name of Development / Location Action Comments / # lots Total Acres Density 1. Susan Lesley Chandlee Minor Create 2 .13 Lots / LL 913, 914 Plat Lots 14.48 acre 13540 Bethany Road Page 2 of 5 Consent Agenda Plats Staff Memo Page 3 of 5 I `IIr pD o �- a.� L' { , r G 1\ 1 r'T !!l��Lttt dl S,�oLr�IrY LIW +`m'rtoa� L.I �.... �� '4Slx i 14 CO 9owwui 372 o' Troph/CXt -... GSI J�i`, TClpdaE %- ReyrtationalyC _ _ �,'--r'Creex aX CIA, I` - Road i I ,� •� .-9RY o e?'I.9eYd� __ � 4 o°y ,. o Appharenu -. PSrxp6o s, �X �MIoC �/.. Ro � f. eel _��- � '.�. .. �� � •L� A� Plat Site Map City Council Meeting p Minor Plat 02/19/2020 Rivers Ir City of Milton Waterbodies .�y February 2020 "!' C:- Counties 0 0.5 1 2 3 XRks C.IeNAaantl.a:2/SI2020 Page 3 of 5 IR nur[««®cul owrro Q .+p+rrvwawelr..✓a�.v+lwoe.�...e ivRw.nlva � V alm.e.wun.o-rraevxw FIRM Mox.wor lcr�orMuro.waNwM]wTumn�Nu¢ aaumwam Muro.wrw]wwnrouw.aarwnooan `a]+�OO�mu]n N� rvr�mr rw �uy rvv Mw.1D,Nor Y IIPy, w.�wB�A�+ Ic]wrnw:wnrwcam.rnuoulnmunmww.nuu NMV ...-..x... 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I .xww NWCfMP WO.Ortf .. /L1E9 NWVOM tFPYWFMa nxn /.OP9 C wu4x.�'u1�ynY mrud NOLRNa9tlDfLFK4 _pg�.aa:f e.NovnoR.i.o-unearwm w.FVE.4xr.n w.xn. um.DDowwn] ow.u:nn --_ _��„� O�MR,]VmV«li aumieor� .i.e/r..W �wm eosvcvawxwr mNmEn ..o.o.mn..n.Nvawn MIE NW�LLO� .rn.,6 MONus a v:�s ,.acm`e�. `m"'R' wo.`. liirvr w'°„ranwo f4MwlllE]�EN.NR(Mtl K4MuwnfY,.t9r MIrxZNpf Q .+p+rrvwawelr..✓a�.v+lwoe.�...e V alm.e.wun.o-rraevxw S Y IIPy, w.�wB�A�+ NMV [rya] I � �xm6WiNvaluv I �]� _l SSd IIM.tlIDYwY rv� gS � _ f x. -.pow �E�'alca-�s.a .xww Consent Agenda Plats Staff Memo �"^"^'� ucwimora..am aam wwo�wve� 'SNI' �OiSY ONY 3533tl�M0'138Nf IHB Lr:q\e Y[jjjJ/y�{ �RRr t i Y+p6/i JM //j /Y�K f i xoan ouo ma:.z.:w 3.TI4NtlN� A:I'ISfI ea �wmrnn 4y� _ 41 wa I aa.���wnw (,.yS. �au.a.emnas.oaa " � +f w.n.mmr.w•wn savma+uvnewn �. �"^"^'� ucwimora..am aam wwo�wve� 'SNI' �OiSY ONY 3533tl�M0'138Nf IHB Lr:q\e Y[jjjJ/y�{ �RRr t i Y+p6/i JM //j /Y�K f i xoan ouo ma:.z.:w 3.TI4NtlN� A:I'ISfI ea �wmrnn 4y� _ 41 wa Page 5 of 5 I o� � � V f r ' F a�'o- �f�4�:{ ► p�i� €ge i�96fieae0S�1� •ittil�ee���€bt� `yl r i�4�°t�g Oil 3r�Ptf�ll3e .� �77 r iy iii �I�cj Fr°iEei FFFGGGG£�FE♦ a Page 5 of 5 MILTON'k ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 Steven Krokoff, City Manager 40 Proclamation Recognizing Arbor Day 2020 Wednesday, February 19, 2020 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 (.%ANO CITY ATTORNEY REVIEW REQUIRED: () YES (,INO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0Z he, ( cow 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info(Rcityofmiltonga.us I www.cityofmiltonga.us ARBOR DAY 2020 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, beautify our community, and are a source of joy and spiritual renewal; and WHEREAS, the City of Milton has been recognized as a Tree City USA Community each year since 2009; and WHEREAS, the City of Milton and our citizens are committed to the stewardship of our natural resources; NOW, THEREFORE, we, the Mayor and City Council of the City of Milton hereby recognize and proclaim for the year 2020, February 21St as Arbor Day and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands to make Milton an even greater place to live, work, and raise a family, and FURTHER, we urge all citizens to plant trees to promote the well-being of future generations. Given under my hand and Seal of the City of Milton, Georgia on this 19th day of February 2020. Joe Lockwood, Mayor TO: FROM: MILTON'lt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 Steven Krokoff, City Manager AGENDA ITEM: Consideration of ZM20-02/VC20-02 at 15260 Hopewell Road by Chris Sedgwick to revise conditions 2a, 3a, 3g and to request to delete conditions 3b and 3c [H (Historic) RZ12- 15] to construct additional parking on the site. Concurrent variance to Sec. 64-2455 - To allow application for a Certificate of Appropriateness to be considered by the Design Review Board instead of the Historic Preservation Commission. MEETING DATE: Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,IAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES ("NO CITY ATTORNEY REVIEW REQUIRED: () YES (4440 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0t)141?Vz6 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cifyofmiltongo.us 0000 MILTON 'r FSTABI.ISHPD 200<, ZONING MODIFICATION STAFF REPORT 15260 Hopewell Road L07_F941.IrLL1•14 A CURRENT ZONING: ACREAGE: DISTRICT/SECTION/LAND LOT(S): ZM20-02/VC20-02 H (Historic) RZ12-15 0.52 acres 2ND District, 2nd Section, Land Lot 534 OWNER: Jeff Levitan 1865 Bethany Way Milton, GA 30004 APPLICANT: APPLICANT'S REQUEST: Chris Sedgwick 13050 Bethany Road Milton, GA 30004 To modify conditions of rezoning application RZ12-15: 2) To the owner's agreement to abide by the following: a) To the revised site plan received by the Community Development Department on December 23, 2019 293. Said site plan is site specific and 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 or Certificate of Occupancy. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. 3) To the owner's agreement to the following site development considerations: a) Provide a 10 foot landscape strip along Thompson Road ond n g) All improvements to the site, structure and signs shall be reviewed and granted a Certificate of Appropriateness by the City of Milton Design Review Board. Concurrent Variance: Sec. 64-2455 - To allow application for a Certificate of Appropriateness to be considered by the Design Review Board instead of the Historic Preservation Commission. (VC20-02) ZM20-02/VC20-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 First Presentation on February 19, 2020 Page 2 of 20 2/13/2020 LOCATION MAP ZM20-02/VC20-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First Presentation on February 19, 2020) Page 3 of 20 2/13/2020 0 RPse t��P� plimPlons Ctor-_..-�— P opts Q Club of e CUP Fin station aa2 Hopewell AP.e SKPmp,,,,, 0 RPse t��P� Current Zoning ZM20-02 C= Subjeasite Rnom Zoning Penxa Weterbodes "Ohm"ulel(AG-1) \ FmeemyMigHway C=, M4on Cey Llmlts 7a Hatem(H) i -- Romp Community U nit Pun (CUP) City of Milton mapr Menelcoeedor Mirror MenouLonl FeMuary 2020 �r�- ion r Feet cn,a lnsa:2a== EXISTING ZONING MAP ZM20-02/VC20-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First Presentation on February 19, 2020( Page 4 c'20 2/13/2020 plimPlons Ctor-_..-�— opts Club of ulaaa Current Zoning ZM20-02 C= Subjeasite Rnom Zoning Penxa Weterbodes "Ohm"ulel(AG-1) \ FmeemyMigHway C=, M4on Cey Llmlts 7a Hatem(H) i -- Romp Community U nit Pun (CUP) City of Milton mapr Menelcoeedor Mirror MenouLonl FeMuary 2020 �r�- ion r Feet cn,a lnsa:2a== EXISTING ZONING MAP ZM20-02/VC20-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First Presentation on February 19, 2020( Page 4 c'20 2/13/2020 Y V 1 app�21y47 41mnPq:.—tel M e N9y�Et U AG -1 Out pillrfl fit![ REVISED SITE PLAN SUBMITTED - DECEMBER 23, 2019 ZM20-02/ VC20-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First Presentation on February 19, 2020) Puge 5 cf 20 2/13/2020 REVISED SITE PLAN SUBMITTED - JANUARY 9, 2013 - RZ12-15 ZM20-02/VC20-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (first Presentation on February 19, 2020( Page 6 of 20 2/13/2020 HISTORY AND BACKGROUND The structure on the subject site was constructed in the early 1950's as a general store with gas pumps serving the local community. Adjacent to the south was a single-family residence on the same property which has since been demolished. The store was known in the community as the Hardeman Country Store. Prior to the incorporation of Milton in December 2006, the building (store) was not occupied. The owner at that time renovated the store which included electrical, plumbing and septic systems and pine flooring. The porch was also added during the renovation. The gasoline tanks were removed in September 2006. The owner applied for a business license from the City of Milton in March 2007 which was denied based on the lack of evidence that the last business operation obtained a valid business license from Fulton County and operated less than 6 months from the date of the City's incorporation. The property owner applied for a rezoning from AG -1 to C-1 in 2007 (RZ07- 03) to operate a general store, which was subsequently withdrawn at the City Council meeting because of opposition to rezoning to C-1. The City of Milton Historic Preservation Ordinance was adopted on June 21, 2010 by the Mayor and City Council. Subsequently, the Historic Preservation Commission was created to fulfil the requirements of the Ordinance. ZM20-02/VC20-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First Presentation on February 19, 2020) Page 7 of 20 2/13/2020 The H (Historic) District was created and adopted by the City Council on December 19, 2011. In order to request a rezoning to H (Historic) District, "The proposed historic use shall be limited to those historic structures identified on the subject property and may not be expanded", pursuant to Sec 64-953 (c). Another requirement for H (Historic) is "Any structure for which a non -conforming historic use is proposed must first be designated as historic by the City of Milton Historic Preservation Commission.", pursuant to Sec. 64-953 (d). The property owner applied once again for a rezoning from AG -1 to C-1 and AG -1 (there was a single-family home on the property) to operate the general store (RZ11-19) in which the applicant requested withdrawal at the January 2012 City Council Meeting in order to apply for the newly created H (Historic) District mentioned above. The subject property/structure was designated as historic on August 20, 2012. This was the next step prior to applying for the H (Historic) District. RZ12-15—H (Historic) District The property owner applied for the rezoning from AG -1 to H (Historic) District to operate a general store in September 2012. Subsequently, the Mayor and City Council approved the request on February 20, 2013 with very specific conditions regarding the use of the property which is provided below: 1) To the owner's agreement to restrict the use of the subject property as follows: a) Country store and associated accessory uses on a .5240 acre including the existing 1,179 square foot structure and allowing only those uses that are specific to the previous historic use: catering, carryout and delivery, delicatessen, retail store or shop selling groceries, hardware, seed and feed, sundry items, homemade food, beverages. Also permitted are seasonal items such as pumpkins, hay bales, pine straw, wreaths and Christmas trees so long as they are sold and displayed within the building or on the covered porch. The following uses shall be excluded, garage, automobile repair or automotive specialty shop, gas station, landscaping business or garden center, financial establishment, drive through, commercial amusements, liquor sales and package stores, motels, hotels, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment establishments as defined in Article 3.3.3., check cashing stores, coin operated laundries, video arcades, pool halls, ZM20.02/VC20.02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First Presentation on February 19, 2020( Page 8 of 20 2/13/2020 nail salons, beauty salons, barber shops, flea markets, secondhand surplus retail shops, roadside vending, roadside produce stands, precious metal sales, and billboards. Since the time of the approval of RZ12-15, the applicant sold the property to the current owner and Staff received many inquiries into potential new business operations for the property, but none were initiated until early in 2019 when a general store was opened. Within a few months of the opening, the business closed. ZM20-02/VC20-02 - Current Reauest by Chris Sedgwick The applicant, Mr. Sedgwick as proposed in his letter of intent, requested the zoning modifications and concurrent variance in order to operate a general store that serves gourmet coffee, doughnuts, and gelato with a focus on all natural, local farm ingredients. The business will also offer a selection of nostalgic goods and merchandise as would be found in a traditional general store as well as handmade items such as pottery, flower arrangements and, art and crafts produced by local artisans. Local newspapers and magazines would be available as well as a community bulletin board. The exterior of the building will not be altered in any fashion as required by the H (Historic) District. Also, no additional buildings are permitted to be constructed on the site per the H (Historic) District. There are currently five (5) parking space on the site of which one is a handicapped space. The applicant is requesting the zoning modifications and concurrent variance to construct 23 additional parking spaces located on the site primarily to be located parallel to Thompson Road located west of the building. The proposed parking area would be constructed of gravel If the request is approved, there will be a total of 28 parking spaces. Public Involvement Community Zoning Information Meetina On January 28, 2020 the applicant was 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. In general, the public wanted to gain a better understanding of what was being proposed for the site. Once Mr. ZM20-02/VC20.02 -Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (Frst Presentation on February 19, 2020) Page 9 of 20 2/13/2020 Sedgwick and Staff explained the request and the process, there was an overall positive reaction to the project. Analysis and Recommendation of Zoning Modifications and Concurrent Variance Zoning Condition Modification Request #1 2) To the owner's agreement to abide by the following: a) To the revised site plan received by the Community Development Department on December 23, 2019 daaasr�-4 2943. Said site plan is site specific and 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 or Certificate of Occupancy. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. Analysis of Reauest # 1 The applicant has requested that the current approved revised site plan received on January 9, 2013 be replaced with a revised site plan that shows 23 additional parking spaces of which 19 are located to the west of the building and south of Thompson Road. An additional 10 -foot landscape island will be required on the east end of the parking row. There are four additional parking spaces along the south property line near Hopewell Road. These proposed parking spaces will need to be improved with gravel instead of grass. In addition, the applicant is requesting to delete the 10 -foot landscape strip along the south property line adjacent to the property zoned AG -1 as well as the buffer where the proposed new 19 spaces are located. Lastly, the applicant is requesting that parking be allowed along the south property line deleting the required 10 -foot setback (which is in the same location as the 10 -foot landscape strip). These specific changes will be discussed in more detail below. ZM20.02/VC20-02 -Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First Presentation on February 19, 2020) Page 10 of 20 2/13/2020 Recommendation of Request #1 As discussed above in the history and background, the property since its rezoning to the H (Historic) District, has remained unoccupied except for a few months. It is in the City's and the community's best interest to help ensure the viability and physical condition of one of only two designated historic buildings within the City. Although, the applicant is requesting the deletion of the 10 -foot landscape strip and 10 -foot parking setback in order to construct additional gravel parking, the property zoned AG -1 to the south is owned by the some property owner and will be sold along with the .52 -acre general store site. The applicant is preserving the 10 -foot landscape strip along Thompson Road that will soften the view from Thompson into the parking area. Staff notes that the 20 -foot drive aisle between the parking spaces and the landscape strip along Thompson Road will only accommodate a one-way drive aisle with the 90 -degree parking configuration. The City of Milton will be constructing a new round - a -bout at the intersection of Hopewell and Thompson Roads that will be more aligned with the eastern leg of Thompson Road. The design of the round -a -bout will allow the easterly entrance/exit on Thompson Road to access the round -a -bout. (See round -a -bout exhibit below.) Based on these issues relating to preserving the historic designated building and applicant providing a sensible land plan to assist in the successful operation of a new general store, Staff recommends that Condition 2.a. be APPROVED CONDITIONAL as requested by the applicant. ZM20.02/VC20.02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First Presentation on February 19, 2020) Page 11 of 20 2/13/2020 ZM20-02/VC20.02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 )First Presentation on February 19, 2020) Page 12 of 20 2/13/2020 O lil�j.. u i �\�_•" .,...,wig'+•��� v ZM20-02/VC20.02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 )First Presentation on February 19, 2020) Page 12 of 20 2/13/2020 a w. MODIFICATION REQUESTS ZM20-02/VC20-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First Presentation on February 19, 2020 Page 13 of 20 2/13/2020 Zoning Condition Modification Request #2 3) To the owner's agreement to the following site development considerations: :W) Provide a 10 foot landscape strip along Thompson Road and G Analysis of Request #2 In order to provide additional parking to serve the general store, the applicant is requesting to delete the minimum 36 -foot buffer within the western area down to 40 feet closer to the building to the east. As discussed within the history and background, the store has been vacant with one short-lived business. The applicant has proposed a new general store that is in keeping with the zoning requirements for use, but with additional parking to accommodate customers that will visit the store. Recommendation of Request #2 As discussed above in the history and background, the property since its rezoning to the H (Historic) District, has remained unoccupied except for a few months. It is in the City's and the community's best interest to help ensure the viability and physical condition of one of only two designated historic buildings within the City. Although, the applicant is requesting the deletion of the buffer located between Thompson Road and the south, the property zoned AG -1 to the south is owned by the same property owner and will be sold along with the .52 -acre general store site. Based on these issues relating to preserving the historic designated building and applicant providing a sensible land plan to assist in the successful operation of a new general store, Staff recommends that Condition 3.a. be APPROVED CONDITIONAL as requested by the applicant. ZM20.02/VC20.02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 First Presentation on February 19, 2020 Page 14 of 20 2/13/2020 Zoning Condition Modification Request #3 3) To the owner's agreement to the following site development considerations: Analysis of Request #3 The applicant is requesting to delete the 10 -foot landscape strip along the south property line adjacent to the property zoned AG -1 where the proposed new 19 spaces are located as well as the four additional parking spaces shown in the grass. As discussed within the history and background, the store has been vacant with one short-lived business. The applicant has proposed a new general store that is in keeping with the zoning requirements for use, but with additional parking to accommodate customers that will visit the store. Recommendation of Request #3 As discussed above in the history and background, the property since its rezoning to the H (Historic) District, has remained unoccupied except for a few months. It is in the City's and the community's best interest to help ensure the viability and physical condition of one of only two designated historic buildings within the City. Although, the applicant is requesting the deletion of the 10 -foot landscape strip, the property zoned AG -1 to the south is owned by the same property owner and will be sold along with the .52 -acre general store site. Based on these issues relating to preserving the historic designated building and applicant providing a sensible land plan to assist in the successful operation of a new general store, Staff recommends that Condition 3.b. be APPROVED CONDITIONAL as requested by the applicant. ZM20-02/VC20.02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First Presentation on February 19, 2020) Page 15 of 20 2/13/2020 Zoning Condition Modification Request #4 3) To the owner's agreement to the following site development considerations: Analysis of Reauest #4 The applicant is requesting to delete the 10 -foot setback adjacent to residentially used property along the south property line adjacent to the property zoned AG -1 where the proposed new 19 gravel parking spaces are located as well as the four additional parking spaces shown in the grass. Staff notes that the residence that was located on the AG -1 property to the south in 2012 has since been demolished. The store has been vacant with one short-lived business. The applicant has proposed a new general store that is in keeping with the zoning requirements for use, but with additional parking to accommodate customers that will visit the store. Recommendation of Request #4 As discussed above in the history and background, the property since its rezoning to the H (Historic) District, has remained unoccupied except for a few months. It is in the City's and the community's best interest to help ensure the viability and physical condition of one of only two designated historic buildings within the City. Although, the applicant is requesting the deletion of the 10 -foot setback for gravel parking, the property zoned AG - 1 to the south no longer has a residence on the property. Staff notes that it is necessary, if this request is approved, to install an equestrian four board style fence at a maximum height of five feet adjacent to the south property lines in order to keep parking and other activities wholly within the H (Historic) District. In addition, wheel stops shall be installed in front of the newly created perpendicular parking spaces. These improvements will be included in the Conditions of Zoning. Based on these issues relating to preserving the historic designated building and applicant providing a sensible land plan to assist in the successful operation of a new general store, Staff recommends that Condition 3.c. be APPROVED CONDITIONAL as requested by the applicant. ZM20-02/VC20-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First Presentation on February 19, 2020) Page 16 of 20 2/13/2020 Zoning Condition Modification Request #5 3) To the owner's agreement to the following site development considerations: g) All improvements to the site, structure and signs shall be reviewed and granted a Certificate of Appropriateness by the City of Milton Design Review Board. Analysis of Reauest #5 The applicant is requesting this change in the review of the site, structure, and signs from the Historic Preservation Commission (HPC) to the Design Review Board (DRB). The reason for this request is that the HPC is no longer active and is not able to conduct the required review. Although the exterior of the building will not be altered, if approved, the site will be reconfigured to provide additional parking and therefore, a Certificate of Appropriateness will be required prior to construction of the site. Recommendation of Request #5 Based on the fact that the HPC is no longer active, the proposed changes will still need to be approved. Since the DRB's purpose is consistent with the HPC's purpose to review the built environment, Staff recommends that proposed modification be approved to require the DRB to review the Certificate of Appropriateness. Staff recommends that Condition 3.g. be APPROVED CONDITIONAL as requested by the applicant. Concurrent Variance VC20-02 The applicant is requesting the following Concurrent Variance: Sec. 64-2455 - To allow application for a Certificate of Appropriateness to be considered by the Design Review Board (DRB) instead of the Historic Preservation Commission (HPC). A variance must be based upon credible evidence submitted at a public hearing demonstrating compliance with items 1 through 4. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance ZM20-02/VC20-02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2. 2020 )First Presentation on February 19, 2020) Page 17 of 20 2/13/2020 By allowing the DRB to consider a Certificate of Appropriateness instead of the HPC would not offend the spirit or intent of this zoning ordinance based on the fact that both bodies were established to review for compliance of the zoning ordinance as it relates to buildings and development plans as outlined in their respective codes. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of prooerty that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topoaraphy or other extraordinary and exceptional situations or conditions not caused by the variance aoolicant. Since creation of the Historic Preservation Ordinance and HPC in 2010, and the approval of RZ12-15, the HPC is no longer a working Commission. By allowing the DRB to review the Certificate of Appropriateness, the proposed changes to the site can be achieved. With the abandonment of the HPC, 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. By allowing the DRB to review the Certificate of Appropriateness instead of the HPC 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 iustice is done. By allowing the DRB to review the Certificate of Appropriateness instead of the HPC the public safety, health and welfare are secured, and that substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL of VC20-02 by the applicant. CONCLUSION Based on the evaluation of the requested Zoning Modifications and Concurrent Variance, Staff recommends APPROVAL CONDITIONAL of ZM20-02, requests 1 through 5 and VC20-02. ZM20.02/VC20.02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First Presentation on February 19, 2020) Page 18 of 20 2/13/2020 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition ZM20-02 and VC20-02, the recommended conditions and concurrent variance should be read as follows: 3) To the owner's agreement to abide by the following: a) To the revised site plan received by the Community Development Department on December 23, 2019 1-1m-rT,9= 2833. Said site plan is site specific and 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 or Certificate of Occupancy. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. . Provide a 10.. .. p along Thompson•...e EjFivewey Worth„190 42 ” Z-- g) All improvements to the site, structure and signs shall be reviewed and granted a Certificate of Appropriateness by the City of Milton Design Review Board. i) To allow application for a Certificate of Appropriateness to be considered by the Design Review Board instead of the Historic Preservation Commission. (VC20-02) ZM20-02/VC20.02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 )First Presentation on February 19, 2020) Page 19 of 20 2/13/2020 To install an equestrian four -board style fence at a maximum height of five (5) feet adjacent to property zoned AG -1 (Agricultural) along the south property lines of the subject site zoned H (Historic) district. k) To install wheel stops for all newly constructed perpendicular parking spaces adjacent to the south property lines of the subject site zoned H (Historic) district. ZM20.02/VC20.02 - Prepared for the City of Milton Mayor and City Council Meeting on March 2, 2020 (First Presentation on February 19, 2020( Page 20 of 20 2/13/2020 ON' E S IUW To: Robyn MacDonald, Zoning Manager From: Sara Leaders, PE, Transportation Engineer Date: February 7, 2020 Zoning Item: ZM20-02/VC 20-02 12560 Hopewell Road Departmental Recommendation: Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit 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. Departmental Comments: Site improvements including driveway locations and pedestrian walkway are to be coordinated with planned Hopewell Road at Thompson Road intersection improvement project. Proposed parking to be located a minimum of 40' from edge of travel lane Attachment(s): Hopewell Road at Thompson Road Improvement Plan 2006 Hentoge Walk Milton, GA P: 678.242.25001 F: 67&242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us I r v J an �e.nm / ' 1 CD F� 1. ix4r,1 IpI _IP alto' �. l 1 l '''�\ p 159 )[Wp rill 4 SLIF6f015 OQ%tl Z .\11\ RwERSIT / LLC SLfY ! 60SlIXCJ 1, \ ,\ •/ "J }\ .Y! ~ AA99�916 j ` t / t Cb a, ............... rwPLYELL RR U t YTT� CD m wlr. N:cm Sir SEE }l tl scam \ �4 WI NIOwPIr W EZISTIR Nw LIR --P-- I gw zc Rw LIE EASEWIC(IRI _y_;__ BGIN LIMIT 6 ACCESS...........& LIM LINrr CC LIMITW GLIMCCESS NIL N LIMIT a• ACCESS ^� PROPOSED ROUNDABOUT LAYOUT HOPEWELL ROAD AT THOMPSON ROAD CUMLIMITS F& COIFS ® MILTON'�P ornww roA4YiowY ROUNDABOUT MEAT NI YAIREIML ST SLWFG EASONIT lw CINSTR w © WAV ORAIGi BAARILR RRE ESA - EW. SENSITIVE AREA uw�uneR WIVES [REIEIT TO CWS(R IF WIVES ® (SEE FRIT TABIEI a PJ LST"LISHLD M To: Robyn MacDonald, Zoning Manager From: Sandra DeWitt, City Arborist Date: February 10, 2020 Zoning Item: ZM20-02 - Hopewell Road Departmental Comments/ Recommendation: The site currently has no existing trees. The property will not be required to plant trees for canopy coverage requirements, but should follow the parking lot requirements per Section 64-1142 for the Rural Milton Overlay. Attachment(s): 2006 Heritage Wolk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityotmiBonga.us 0000 ORDINANCE NO. PETITION NO. ZM20-02/VC20-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITIONS 2.a., 3.a., 3.b.,3.c. AND 3.a. OF AN ORDINANCE OF THE CITY OF MILTON, RZ12-15 PROPERTY LOCATED AT 15260 HOPEWELL ROAD WITHIN LAND LOT 534 OF THE 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 0.52 ACRE. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 2, 2020 at 6:00 p.m. as follows: SECTION 1. That the condition of an Ordinance, approved on February 20, 2013, for petition RZ12-15 that approved a Rezoning to the H (Historic) District for a general store, property located at 15260 Hopewell Road consisting of a total of approximately 0.52 acre, attached hereto and made a part herein; SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance (ZM20-02/VC20-02). Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 2nd day of March, 2020. Approved: Joe Lockwood, Mayor Attest: Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition ZM20-02 and VC20-02, the recommended conditions and concurrent variance should be read as follows: 2) To the owner's agreement to abide by the following: a) To the revised site plan received by the Community Development Department on December 23, 2019 darUary 9-2913. Said site plan is site specific and 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 or Certificate of Occupancy. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. :F) Provide a 10 foot landscape strip along Thompson Road n-nd o- minimum 4.0 190.43 feet fe the westerly pre-PeFtY liRe. g) All improvements to the site, structure and signs shall be reviewed and granted a Certificate of Appropriateness by the City of Milton Design Review Board. To allow application for a Certificate of Appropriateness to be considered by the Design Review Board instead of the Historic Preservation Commission. (VC20-02) j) To install an equestrian four -board style fence at a maximum height of five (5) feet adjacent to property zoned AG -1 (Agricultural) along the south property lines of the subject site zoned H (Historic) district. k) To construct the new parking area west of the building with gravel or other pervious parking material approved by the Community Development Director. 1) To install wheel stops for all newly constructed perpendicular parking spaces adjacent to the south property lines of the subject site zoned H (Historic) district. noo s.�nna� Ibe:. �erv� .., �...K 1 1.. ,� r. r_gq..�twyery WYI��I.r�Nmtl �wuFtS WrV g• All that tractor parcel of land lying and heing in I and of 534 of the 2itl District, 2 5ection of Fulton County, Georgia a tic being more particularly described as follows: Commence at the intersection of the Snutherty right of way line of Thompson Road 160' R/'WI and the westerly lght of way line of I upcwcll Road ;60' RFFW) and run along the westerly right of way line of Hopewell flood South 24 degrees 16 minutes 09 seconds Wes,. a distance of 105 feet to the Point of Beginning; thence continue along the vresterly right of way IIne of Hopewell load South 24 degrees 16 minutes 09 seconds West dlStance Of 94.53 feel lea point; thence continuing along the westerly right of way line of Hopewell Road South 25 degrees 28 minutes 18 seconds West a distance of 10.5 feet to a point; thence North 68 degrees 10 minutes 12 seconds west 89.69 feet 10d point; thence North 2: degrees 34 minutes 48 secunds'West a distanre of 35.46 feet to a point; thence North 61 degrees 23 min rites 23 seconds West a distance of 29.56 feet to a point; thence North 80 degrees 44 minutes 17 sec0110 West a distance of 190.43 feet; thence Nonh09 deg mes l5 mini nes 13 secants East adistance of 76.00 teat to a point on the southerly right of way line of -hompson road; thence along the southerly right of way line of Thompscn Road Souch 82 degrees o6 minutes 34 seconds East a distance of 135.30 feet to a point; thence continuing along said southMy light of way line South 82 degrees o6 minutes 35 secord5 East a distance o° 138.48 feet to a puim; tnence South 80 degrees 11 minutes D5 seconds East a distance of 69.97 reel. lu a point; thence South 27 degrees 57 rninutes 28 secnnds tag' a dlstonee of V .8b feet to the Point of Beg'n ning. Said it act cuntains 0.522 Acres. RECEIVED .'AN 19 2020 City of Mihon LUmmunity pyyetopmer t Pf-NVISFD REVISED z AZO- OZI VCS- a Z ORDINANCE NO. PETITION NO. ZM20-02/VC20-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITIONS 2.a., 3.a., 3.b..3.c. AND 3.a. OF AN ORDINANCE OF THE CITY OF MILTON, RZ12-15 PROPERTY LOCATED AT 15260 HOPEWELL ROAD WITHIN LAND LOT 534 OF THE 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 0.52 ACRE. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 2, 2020 at 6:00 p.m. as follows: SECTION 1. That the condition of an Ordinance, approved on February 20, 2013, for petition RZ12-15 that approved a Rezoning to the H (Historic) District for a general store, property located at 15260 Hopewell Road consisting of a total of approximately 0.52 acre, attached hereto and made a part herein; SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance (ZM20-02/VC20-02). Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 2nd day of March, 2020. Approved: Joe Lockwood, Mayor Attest: Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition ZM20-02 and VC20-02, the recommended conditions and concurrent variance should be read as follows: 2) To the owner's agreement to abide by the following: a) To the revised site plan received by the Community Development Department on December 23, 2019 iGRUGFY 9, 2913. Said site plan is site specific and 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 or Certificate of Occupancy. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the Certificate of Occupancy. g) All improvements to the site, structure and signs shall be reviewed and granted a Certificate of Appropriateness by the City of Milton H;StGr,- PFeSeFVG1ti R G,,.,,,.,„SS;G44 Design Review Board. To allow application for a Certificate of Appropriateness to be considered by the Design Review Board instead of the Historic Preservation Commission. (VC20-02) j) To install an equestrian four -board style fence at a maximum height of five (5) feet adjacent to property zoned AG -1 (Agricultural) along the south property lines of the subject site zoned H (Historic) district. k) To construct the new parking area west of the building with gravel or other pervious parking material approved by the Community Development Director. 1) To install wheel stops for all newly constructed perpendicular parking spaces adjacent to the south property lines of the subject site zoned H (Historic) district. (ZO-Z)n/ZO-OZWZ) 6 }OZ "£Z jagwaoa(3 uo pania:)aJ uoId 941S paSinaa slam ' Z080 -LLL LOCO tit � Imp r } fill 9 :.}y s "' + $ a s!ii�37!P Y- :I �t flip s '•�'I RIMP if �9 34 ►,11�9t �E#1{htll`r? I! pj'Isi! till asiei!�}fa:}}! it IMP f + } al s s t• i r a Ifi3$ilii!►}i sa as a assail i + ' tr !lei" 1 9 'fit I All that tract or oarrel of land lying and being in I and got 534 of the 2a District, 21' Section at Fulton County, Georgia a nc being mare particularly described as follows: Commeice at the intersection of the southerly right of way line of Thompson Road 160' R7W I and the Westerly .fight of way but of F cpewell Road ;60' R/W) and run along the westerly right of way line of Hopew'eIf Road South 24 degrees 16 minutes 09 anconds Wes- a distance of 10.5 feet to the point of Reginning; thence continue along the westerly right of way Ilex of Hopewell load S ixh 24 degrees 16 minutes 09 seconds West a distance of 94,53 feel Ida point; thence Contin Uing along the westerly Light of way line of Hopewell Road South 25 degrees 2g minutes 18 seconds West a distance of 10.5 Ret to a point::heroe North 66 degrees 10 minutes 12 seconds west 89.69 feet to a quint.; lh•_nce North 2: degrees 34 minutes 48 seconds'West a distanre of 75.46 feet to a point; thence North 61 degrees 23 min ates 23 seconds West a distanre of 29.56 feet to a point; thence Nnrth q0 degrees 44 minutes 17 setons 69es1 d distance of 190.43 feet; thence North 09 degrees 15 mimde533 seconcs East adistance of 46.00 Leet to a point on the southerly right of way line of -hompaon road; thence along the southerly right of way line of Thornpscn Road Souch 82 degree5 U6 rniuules 34 seconds East a distance of 135.30 fent to a polnC thence cotninuing along said southerly right of way line South 82 degrees 06 minutes 35 5ecords East a distance o-138.48 feet to a point; tie nce South 80 degrees 11 minutes 05 seconds Ea5t a distanre at 69.97 feel to a paint, thence Solth 27 degrees 57 minutes 28.sarnnds last a dl<_to nee ut 1) 86 feet to the point of Beg'nning. Said Lr act cuntains0.522 Acres. RECEIVED .'Ah 13 2020 City of fvlrnon CUtnnlunity DevefoPmenf F VISED REVISED Z. AZO - oZ) vcz-o-ai TO: FROM: MILTON'Ir ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 Steven Krokoff, City Manager AGENDA ITEM: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. MEETING DATE: Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (, -NO CITY ATTORNEY REVIEW REQUIRED: () YES (^0 APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: r- zlw )2Lzc 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 MILTON% ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on February 13, 2020 for First Presentation on the February 19, 2020 Regular City Council Meeting Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. Department Recommendation: Approval Executive Summary: As part of the Chapter 4 -Alcoholic Beverages rewrite, we are recommending text amendments to Chapter 64 - Zoning to allow usage of the licenses/permits that are available through Chapter 4. These amendments were unanimously approved at the January 29, 2020 Planning Commission meeting. • August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming • August - Brainstorming Session with key City staff, developers, and leasing agents • September 16 - Work Session • September 26 - Article in Milton Herald "Milton considers economic impact of updating alcohol ordinance" • October 1 - Two public input sessions at City Hall • October 1 - Engaged Taylor English Duma, LLC for Phase II - Drafting • October 8 - Article in Milton Herald "Residents express support for Milton's alcohol ordinance updates" • November 13 - Work Session • December 17 - CZIM • January 29, 2020 - Planning Commission RZ20-01 Sec. 641 Definitions RZ20-02 Sec. 64-395 Uses Prohibited in All Districts RZ20-03 Sec. 64752 (1) Mixed Use District Permitted Uses 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoOcifyofmiltongo.us I www.cityOrnittonga.us RZ20-04 Sec. 64-775 (1) Permitted Uses in C-1 Community Business District Sec. 64-755 (2) Accessory Uses in C-1 Community Business District RZ20-05 Sec. 64-798 (1) Permitted Uses in C-2 Community Business District Sec. 64-798 (2) Accessory Uses in C-2 Community Business District RZ20-06 Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District RZ20-07 Sec. 64-1121 Allowed Use Chart RZ20-08 Sec. 64 -Article XIX Crabapple Form Based Code Table 9 Article 6-1 Definitions RZ20-09 Sec. 64 -Article XX Deerfield Form Based Code Table 10 Article 6-1 Definitions Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis - January 29, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): RZ20-01 Text Amendments STATE OF GEORGIA COUNTY OF FULTON ORDINANCE_ RZ20-01 AN ORDINANCE TO AMEND SEC. 64-1 OF CHAPTER 64 ZONING ORDINANCE - DEFINITIONS BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 2, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Sec. 64-1, provide for additional definitions as they relate to Chapter 4 (Alcohol) of the City Code within the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 2nd day of March, 2020. Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk STATE OF GEORGIA COUNTY OF FULTON RZ20-01 Sec. 64-1. Definitions. ORDINANCE_ RZ20-01 Bar shall have the same definition as set forth in Chapter 4 of the Milton Code of Ordinances. Brewery means a domestic manufacturing facility for malt beverages that is licensed by the state. Brewpub means any restaurant that also qualifies as an eating establishment in which beer, wine and/or distilled spirits are licensed to be sold for consumption on the premises and beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36 for retail consumption in draft form on the premises. City Food Market shall have the same definition as set forth in Chapter 4 of the Milton Code of Ordinances. Courtyard Market shall have the same definition as set forth in Chapter 4 of the Milton Code of Ordinances. Craft Beer and/or Wine Market shall have the same definition as set forth in Chapter 4 of the Milton Code of Ordinances. Distillery shall have the same definition as set forth in Chapter 4 of the Milton Code of Ordinances. Draft Form is beer served from a cask or pressurized keg rather than from a bottle or can. Eating Establishment shall have the same definition as set forth in Chapter 4 of the Milton Code of Ordinances. Farm Winery shall have the some definition as set forth in Chapter 4 of the Milton Code of Ordinances. Food Hall Cafe shall have the some definition as set forth in Chapter 4 of the Milton Code of Ordinances. Growler Shop shall have the same definition as set forth in Chapter 4 of the Milton Code of Ordinances. STATE OF GEORGIA COUNTY OF FULTON ORDINANCE RZ20-01 Micro -Brewery shall have the same definition as set forth in Chapter 4 of the Milton Code of Ordinances. Micro -Distillery shall have the some definition as set forth in Chapter 4 of the Milton Code of Ordinances. Nightclub shall have the same definition as set forth in Chapter 4 of the Milton Code of Ordinances. Off -Premise Beer/Wine Retailer or Store means any person or entity that sells or provides to the public unbroken packages or growlers, only to consumers and not for resell. Off -Premise Distilled Spirits Retailer or Store means any person or entity that sells or provides to the public distilled spirits and malt beverages and/or wine in unbroken packages, not for consumption on the premises; and which derives from such retail sale of alcoholic beverages in unbroken packages at least 75 percent of its total annual gross sales from the sale of a combination of distilled spirits, malt beverages, and wine. On -Premise Consumption Retailer or Store means any person or entity that sells or provides to the public alcoholic beverages for consumption on the premises, only to consumers and not for resale. Private Club shall have the some definition as set forth in Chapter 4 of the Milton Code of Ordinances. Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served to patrons, without sleeping accommodations, such place being provided with an adequate and sanitary full service kitchen and dining room equipment, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its patrons. At least one meal per day shall be served at least six days per week, with the exception of holidays, vacations and periods of redecorating, and the serving of those meals shall be a principal portion of the business conducted, with the serving of alcoholic beverages as only incidental thereto. The restaurant seating area must be at least 40 percent of the gross square footage of the restaurant facility. Seating space located outside of the main structure (i.e. patios, decks, etc.) shall not be included in calculating seating space. The term "restaurant' includes cafeteria. Specialty Shop shall have the same definition as set forth in Chapter 4 of the Milton Code of Ordinances. STATE OF GEORGIA ORDINANCE_ COUNTY OF FULTON RZ20-01 Sports Club shall have the same definition as set forth in Chapter 4 of the Milton Code of Ordinances. Tasting Room shall have the same definition as set forth in Chapter 4 of the Milton Code of Ordinances. TO: MILTON'k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 FROM: Steven Krokoff, City Manager 0) AGENDA ITEM: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. MEETING DATE: Wednesday, February 19, 2020 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 (,JINO CITY ATTORNEY REVIEW REQUIRED: () YES (4VNO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 07I Hyl Bozo 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltonga.us I www.cityofmiltonga.us MILTON*t ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on February 13, 2020 for First Presentation on the February 19, 2020 Regular City Council Meeting Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. Department Recommendation: Approval Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are recommending text amendments to Chapter 64 - Zoning to allow usage of the licenses/permits that are available through Chapter 4. These amendments were unanimously approved at the January 29, 2020 Planning Commission meeting. • August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming • August - Brainstorming Session with key City staff, developers, and leasing agents • September 16 - Work Session • September 26 - Article in Milton Herald "Milton considers economic impact of updating alcohol ordinance" • October 1 - Two public input sessions at City Hall • October 1 - Engaged Taylor English Duma, LLC for Phase II - Drafting • October 8 - Article in Milton Herald "Residents express support for Milton's alcohol ordinance updates" • November 13 -Work Session • December 17 - CZIM • January 29, 2020 - Planning Commission RZ20-01 Sec. 64-1 Definitions RZ20-02 Sec. 64-395 Uses Prohibited in All Districts RZ20-03 Sec. 64-752 (1) Mixed Use District Permitted Uses 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 info@cityofnniltonga.us I www.cityofnniltonga.us R720-04 Sec. 64-775 (1) Permitted Uses in C-1 Community Business District Sec. 64-755 (2) Accessory Uses in C-1 Community Business District RZ20-05 Sec. 64-798 (1) Permitted Uses in C-2 Community Business District Sec. 64-798 (2) Accessory Uses in C-2 Community Business District Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District RZ20-07 Sec. 64-1121 Allowed Use Chart RZ20-08 Sec. 64 -Article XIX Crabapple Form Based Code Table 9 Article 6-1 Definitions RZ20-09 Sec. 64 -Article XX Deerfield Form Based Code Table 10 Article 6-1 Definitions Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis — January 29, 2020 Concurrent Review: Steve Krokoff, City Manager Atfachment(s): RZ20-02 Text Amendments STATE OF GEORGIA COUNTY OF FULTON ORDINANCE_ RZ20-02 AN ORDINANCE TO AMEND SEC. 64-395 OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE) - USES PROHIBITED IN ALL DISTRICTS BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 2, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Sec. 64-395, to add "bars and night clubs" as prohibited uses hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 2nd day of March, 2020. Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk RZ20-02 Sec. 64395. - Uses prohibited in all zoning districts. In all zoning districts the following uses are considered objectionable and are prohibited: bars and nightclubs, fortune telling establishment, massage parlor, pool hall, escort and dating services, vape shops, and tattoo and body art or piercing establishment. Receipt for Courtney Beai Spriggs Account ID: 125212185 Invoice/Payment Date Jan 31, 2020, 2:46 PM Payment Method Visa -2396 Reference Number. BXWK3PEA92 Transaction ID 2454360808009088.5314812 Product Type Facebook Campaigns 91 Paid $20.98 USD Remaining ad costs at the end of the month. Post:'There are still some spaces left for the 2020..." From Dec 31, 2019, 12:00 AM to Jen 20, 2020, 11:59 PM $20.98 Facebook, Inc. City of Milton. GA 1601 Willow Road 2008 Heritage Walk Menlo Park, CA 94025-1452 Milton 30004 United States United States MILTON*t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 12, 2020 FROM: Steven Krokoff, City Manager AGENDA ITEM: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. MEETING DATE: Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (, 4PPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (%YNO CITY ATTORNEY REVIEW REQUIRED: () YES (-j�'NO APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: &Z'094.16 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us 0000 MILTON'k ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on February 13, 2020 for First Presentation on the February 19, 2020 Regular City Council Meeting Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. Department Recommendation: Approval Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are recommending text amendments to Chapter 64 - Zoning to allow usage of the licenses/permits that are available through Chapter 4. These amendments were unanimously approved at the January 29, 2020 Planning Commission meeting. • August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming • August - Brainstorming Session with key City staff, developers, and leasing agents • September 16 - Work Session • September 26 - Article in Milton Herald "Milton considers economic impact of updating alcohol ordinance" • October 1 - Two public input sessions at City Hall • October 1 - Engaged Taylor English Duma, LLC for Phase II - Drafting • October 8 - Article in Milton Herald "Residents express support for Milton's alcohol ordinance updates" • November l3 -Work Session • December 17 - CZIM • January 29, 2020 - Planning Commission RZ20-01 Sec. 64-1 Definitions RZ20-02 Sec. 64-395 Uses Prohibited in All Districts RZ20-03 Sec. 64-752 (1) Mixed Use District Permitted Uses 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infofcityofmiltonga.us I www.cityofmiltongo.us 0000 RZ20-04 Sec. 64-775 (1) Permitted Uses in C-1 Community Business District Sec. 64-755 (2) Accessory Uses in C-1 Community Business District RZ20-05 Sec. 64-798 (1) Permitted Uses in C-2 Community Business District Sec. 64-798 (2) Accessory Uses in C-2 Community Business District RZ20-06 Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District RZ20-07 Sec. 64-1121 Allowed Use Chart RZ20-08 Sec. 64 -Article XIX Crabapple Form Based Code Table 9 Article 6-1 Definitions RZ20-09 Sec. 64 -Article XX Deerfield Form Based Code Table 10 Article 6-1 Definitions Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis — January 29, 2020 Concurrent Review: Steve Krokoff, City Manager Affachment(s): RZ20-03 Text Amendments STATE OF GEORGIA COUNTY OF FULTON ORDINANCE_ RZ20-03 AN ORDINANCE TO AMEND SEC. 64-752 (1) OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE) - MIXED USE DISTRICT PERMITTED USES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 2, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Sec. 64-752 (1), to include event facilities and uses permitted in Chapter 4 (Alcohol) as permitted uses is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 2nd day of March 2020. Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk RZ20-03 Sec. 64-752. - Use regulations. (1 ) Permitted uses. Structures and land may be used for the following purposes: i Assembly hall or event facility kk. All uses licensed and/or permitted under Chapter 4. TO: FROM: MILTON'* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 Steven Krokoff, City Manager 0 AGENDA ITEM: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. MEETING DATE: Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (J/APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES kto CITY ATTORNEY REVIEW REQUIRED: () YES (^0 APPROVAL BY CITY ATTORNEY: CkAPPROVED NOT APPROVED PLACED ON AGENDA FOR: o01440"o 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cifyofmiltongo.us I www.cityofmiltonga.us MILTON*t ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on February 13, 2020 for First Presentation on the February 19, 2020 Regular City Council Meeting Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. Department Recommendation: Approval Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are recommending text amendments to Chapter 64 - Zoning to allow usage of the licenses/permits that are available through Chapter 4. These amendments were unanimously approved at the January 29, 2020 Planning Commission meeting. • August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming • August - Brainstorming Session with key City staff, developers, and leasing agents • September 16 -Work Session • September 26 - Article in Milton Herald "Milton considers economic impact of updating alcohol ordinance" • October 1 - Two public input sessions at City Hail • October 1 - Engaged Taylor English Duma, LLC for Phase II - Drafting • October 8 - Article in Milton Herald "Residents express support for Milton's alcohol ordinance updates" • November 13 - Work Session • December 17 - CZIM • January 29, 2020 - Planning Commission RZ20-01 Sec. 64-1 Definitions RZ20-02 Sec. 64-395 Uses Prohibited in All Districts RZ20-03 Sec. 64-752 (1) Mixed Use District Permitted Uses 2006 Heritage Walk Milton, GA P: 678.242.25001 f: 678.242.2499 0000 info®cityofmiltongo.us I www.cityofmiltonga.us RZ20-04 Sec. 64-775 (1) Permitted Uses in C-1 Community Business District Sec. 64-755 (2) Accessory Uses in C-1 Community Business District RZ20-05 Sec. 64-798 (1) Permitted Uses in C-2 Community Business District Sec. 64-798 (2) Accessory Uses in C-2 Community Business District RZ20-06 Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District RZ20-07 Sec. 64-1121 Allowed Use Chart RZ20-08 Sec. 64 -Article XIX Crabapple Form Based Code Table 9 Article 6-1 Definitions RZ20-09 Sec. 64 -Article XX Deerfield Form Based Code Table 10 Article 6-1 Definitions Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis - January 29, 2020 Concurrent Review: Steve Krokoff, City Manager Affachment(s): RZ20-04 Text Amendments STATE OF GEORGIA COUNTY OF FULTON ORDINANCE_ RZ20-04 AN ORDINANCE TO AMEND SEC. 64-775 (1) AND 64-775 (2) OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE) — C-1 (COMMUNITY BUSINESS) DISTRICT PERMITTED USES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 2, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Sec. 64-775 (1) and 64-775 (2), to include event facilities and uses permitted in Chapter 4 (Alcohol) as permitted uses is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 2nd day of March 2020. Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk RZ20-04 Sec. 64-775. (1), Sec. 64-775 (2), Permitted and Accessory Uses in C-1 (Community Business) District (1) Permitted uses. Structures and land may be used for only the following purposes: c. Assembly hall or event facility ss. All uses licensed and/or permitted under Chapter 4. (2) Accessory uses. Structures and land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Automobile and/or moving truck rental may be used in accessory to a permitted use. All uses licensed and/or permitted under Chapter 4 are permitted accessory uses. Not more than 45 percent of the floor area of a building or land may be devoted to storage incidental to primary uses. T N 1V� I L ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: /F�eebruary 12, 2020 FROM: Steven Krokoff, City Manager &-* AGENDA ITEM: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. MEETING DATE: Wednesday, February 19, 2020 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 (il NO CITY ATTORNEY REVIEW REQUIRED: () YES (, -NO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: CL) to, I wIf' 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltongo.us MILTON"t ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on February 13, 2020 for First Presentation on the February 19, 2020 Regular City Council Meeting Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. Department Recommendation: Approval Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are recommending text amendments to Chapter 64 - Zoning to allow usage of the licenses/permits that are available through Chapter 4. These amendments were unanimously approved at the January 29, 2020 Planning Commission meeting. • August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming • August - Brainstorming Session with key City staff, developers, and leasing agents • September 16 - Work Session • September 26 - Article in Milton Herald "Milton considers economic impact of updating alcohol ordinance" • October 1 - Two public input sessions at City Hall • October 1 - Engaged Taylor English Duma, LLC for Phase II - Drafting • October 8 - Article in Milton Herald "Residents express support for Milton's alcohol ordinance updates" • November 13 - Work Session • December 17 - CZIM • January 29, 2020 - Planning Commission RZ20-01 Sec. 64-1 Definitions RZ20-02 Sec. 64-395 Uses Prohibited in All Districts RZ20-03 Sec. 64-752 (1) Mixed Use District Permitted Uses 2006 Heritage Walk Milton, GA 0000 P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.usI wwwafyofmiltonga.us RZ20-04 Sec. 64-775 (1) Permitted Uses in C-1 Community Business District Sec. 64-755 (2) Accessory Uses in C-1 Community Business District RZ20-05 Sec. 64-798 (1) Permitted Uses in C-2 Community Business District Sec. 64-798 (2) Accessory Uses in C-2 Community Business District RZ20-06 Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District RZ20-07 Sec. 64-1121 Allowed Use Chart RZ20-08 Sec. 64 -Article XIX Crabapple Form Based Code Table 9 Article 6-1 Definitions RZ20-09 Sec. 64 -Article XX Deerfield Form Based Code Table 10 Article 6-1 Definitions Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis — January 29, 2020 Concurrent Review: Steve Krokoff, City Manager AHachment(s): RZ20-05 Text Amendments STATE OF GEORGIA COUNTY OF FULTON ORDINANCE_ RZ20-05 AN ORDINANCE TO AMEND SEC. 64-798 (1) AND 64-798 (2) OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE) - C-2 (COMMUNITY BUSINESS) DISTRICT PERMITTED USES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 2, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Sec. 64-798 (1) and 64-798 (2), to include uses permitted in Chapter 4 (Alcohol) as permitted uses is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 2nd day of March, 2020. Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk RZ20-05 Sec. 64-798. (1), Sec. 64-798 (2), Permitted and Accessory Uses in C-2 (Commercial) District (1) Permitted uses. Structures and land may be used for only the following purposes: z. All uses licensed and/or permitted under Chapter 4. (2) Accessory uses. Structures and land may be used for uses customarily incidental to any permitted use and dwellings may be used for a home occupation. All uses licensed and/or permitted under Chapter 4 are permitted accessory uses. TO: FROM: MILTON*�* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 Steven Krokoff, City Manager 0 AGENDA ITEM: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. MEETING DATE: Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: t1APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES WAO CITY ATTORNEY REVIEW REQUIRED: () YES (4-1�0 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: of l t9lldic 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 0000 MILTON*t ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on February 13, 2020 for First Presentation on the February 19, 2020 Regular City Council Meeting Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. Department Recommendation: Approval Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are recommending text amendments to Chapter 64 - Zoning to allow usage of the licenses/permits that are available through Chapter 4. These amendments were unanimously approved at the January 29, 2020 Planning Commission meeting. • August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming • August - Brainstorming Session with key City staff, developers, and leasing agents • September 16 - Work Session • September 26 - Article in Milton Herald "Milton considers economic impact of updating alcohol ordinance" • October 1 - Two public input sessions at City Hall • October 1 - Engaged Taylor English Duma, LLC for Phase II - Drafting • October 8 - Article in Milton Herald "Residents express support for Milton's alcohol ordinance updates" • November 13 - Work Session • December 17 - CZIM • January 29, 2020 - Planning Commission RZ20-01 Sec. 64-1 Definitions RZ20-02 Sec. 64-395 Uses Prohibited in All Districts RZ20-03 Sec. 64-752 (1) Mixed Use District Permitted Uses 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us Cfl-1141,31 RZ20-04 Sec. 64-775 (1) Permitted Uses in C-1 Community Business District Sec. 64-755 (2) Accessory Uses in C-1 Community Business District Sec. 64-798 (1) Permitted Uses in C-2 Community Business District Sec. 64-798 (2) Accessory Uses in C-2 Community Business District RZ20-06 Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District RZ20-07 Sec. 64-1121 Allowed Use Chart RZ20-08 Sec. 64 -Article XIX Crabapple Form Based Code Table 9 Article 6-1 Definitions RZ20-09 Sec. 64 -Article XX Deerfield Form Based Code Table 10 Article 6-1 Definitions Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis - January 29, 2020 Concurrent Review: Steve Krokoff, City Manager Affachment(s): RZ20-06 Text Amendments STATE OF GEORGIA COUNTY OF FULTON ORDINANCE_ RZ20-06 AN ORDINANCE TO AMEND SEC. 64-895 (1) AND 64-895 (2) OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE) — COMMUNITY UNIT PLAN (CUP) DISTRICT PERMITTED USES BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 2, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Sec. 64-895 (1) and 64-895 (2), to include some uses permitted in Chapter 4 (Alcohol) as permitted uses is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 2nd day of March, 2020. Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk RZ20-06 Sec. 64-895. (1), Sec. 64-895 (2), Permitted and Accessory Uses in Community Unit Plan (CUP) (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Golf course, country club, pool and recreation court. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Retail and service uses, and clubs accessory to recreation facilities are allowed subject to the following conditions: a. Accessory retail and service uses shall be located wholly within a building with a majority of the floor area designed for recreation uses. No outdoor advertising is allowed. b. Retail and service uses shall be limited to convenience retail and service establishments such as pro shops and personal services. Restaurants, Specialty Shops, and Incidental Licenses accessory to a club are allowed. TO: MILTON'11N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 Steven Krokoff, City Manager d) AGENDA ITEM: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. MEETING DATE: Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: („JIAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (�'XO CITY ATTORNEY REVIEW REQUIRED: () YES w"(40 APPROVAL BY CITY ATTORNEY: () APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: Vc I �j 1 zo20 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityafmiltonga.us I www.cityofmiltonga.us 0000 T N 1V1�I L ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on February 13, 2020 for First Presentation on the February 19, 2020 Regular City Council Meeting Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. Department Recommendation: Approval Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are recommending text amendments to Chapter 64 - Zoning to allow usage of the licenses/permits that are available through Chapter 4. These amendments were unanimously approved at the January 29, 2020 Planning Commission meeting. • August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming • August - Brainstorming Session with key City staff, developers, and leasing agents • September 16 - Work Session • September 26 - Article in Milton Herald "Milton considers economic impact of updating alcohol ordinance" • October 1 - Two public input sessions at City Hall • October 1 - Engaged Taylor English Duma, LLC for Phase II - Drafting • October 8 - Article in Milton Herald "Residents express support for Milton's alcohol ordinance updates" • November 13 -Work Session • December 17 - CZIM • January 29, 2020 - Planning Commission RZ20-01 Sec. 64-1 Definitions RZ20-02 Sec. 64-395 Uses Prohibited in All Districts RZ20-03 Sec. 64-752 (1) Mixed Use District Permitted Uses 2006 Hedtage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 intoa^cRyofmiltonga.us I www.cityofmiltonga.us 010010 RZ20-04 Sec. 64-775 (1) Permitted Uses in C-1 Community Business District Sec. 64-755 (2) Accessory Uses in C-1 Community Business District RZ20-05 Sec. 64-798 (1) Permitted Uses in C-2 Community Business District Sec. 64-798 (2) Accessory Uses in C-2 Community Business District RZ20-06 Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District RZ20-07 Sec. 64-1121 Allowed Use Chart RZ20-08 Sec. 64 -Article XIX Crabapple Form Based Code Table 9 Article 6-1 Definitions RZ20-09 Sec. 64 -Article XX Deerfield Form Based Code Table 10 Article 6-1 Definitions Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis - January 29, 2020 Concurrent Review: Steve Krokoff, City Manager Aftachment(s): RZ20-07 Text Amendments STATE OF GEORGIA COUNTY OF FULTON ORDINANCE_ RZ20-07 AN ORDINANCE TO AMEND SEC. 64-1121 ALLOWED USE CHART OF THE RURAL MILTON OVERLAY OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 2, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Sec. 64-1121 Use Chart for Rural Milton Overlay, to include some uses permitted in Chapter 4 (Alcohol) as permitted uses is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 2nd day of March, 2020. Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk RZ20-07 Sec. 64-1121. - Allowed use chart. The following chart identifies uses and their assigned categories. These uses are allowed by right (with asterisks) or required by use permit. It is the intent that some types of uses must comply with certain development standards outlined in the Rural Milton Overlay District. Commercial Type Agricultural Institutional Non -Single - SinglUsFamily Uses Type Type Family Uses Uses Uses Uses Aircraft landing Agricultural Assisted living, Single-family area related personal care Apartments homes activities** home Daycares Accessory Amphitheatre** Artist studio related to Country inn** structures to church/school the SFR* Bed and Barns or riding Medical lodging, group Townhouses/two- Senior breakfast** areas* residences family housing (SFR) Mobile homes, accessory dwelling Driving range** Cemetery and Museums** Senior housing (To be used mausoleum (MFR) as temporary dwelling while permanent structure is built) Exotic or wild Places of Group animals Composting worship residence for 5-8 children Festivals or events, Equine garment Schools, outdoor/indoor** fabrication private/special Greenhouses— Hydroponic, larger Greenhouses* STATE OF GEORGIA COUNTY OF FULTON ORDINANCE_ RZ20-07 ithan 0005 square feet* Group residence Lodge, retreat, for 9-15 children or campground** Kennel* Quarries and surface mining Landfill, inert Roadside waste disposal stands* Landfill, solid Rural or waste Agricultural event facility** Landscape business Medical related lodging Race track** Recreational fields Self storage/multi Sky walk Stadium (off-site) associated with private school Uses within the C- 1, C-2, 0-1 zoning districts*, ** Veterinary, veterinary hospital* *Allowed by right within zoning district. **Where qualified, all uses licensed and/or permitted under Chapter 4. TO: FROM: MILTON' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 Steven Krokoff, City Manager Ja AGENDA ITEM: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. MEETING DATE: Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (/APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (-'NO CITY ATTORNEY REVIEW REQUIRED: () YES (k10 APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: o z h it zozo 2006 Heritage Walk Milton, GA P: 678.24225001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltonga.us 0000 MILTON'k ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on February 13, 2020 for First Presentation on the February 19, 2020 Regular City Council Meeting Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. Department Recommendation: Approval Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are recommending text amendments to Chapter 64 - Zoning to allow usage of the licenses/permits that are available through Chapter 4. These amendments were unanimously approved at the January 29, 2020 Planning Commission meeting. • August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming • August - Brainstorming Session with key City staff, developers, and leasing agents • September 16 - Work Session • September 26 - Article in Milton Herald "Milton considers economic impact of updating alcohol ordinance" • October 1 - Two public input sessions at City Hall • October 1 - Engaged Taylor English Duma, LLC for Phase II - Drafting • October 8 - Article in Milton Herald "Residents express support for Milton's alcohol ordinance updates" • November 13 - Work Session • December 17 - CZIM • January 29, 2020 - Planning Commission RZ20-01 Sec. 64-1 Definitions RZ20-02 Sec. 64-395 Uses Prohibited in All Districts RZ20-03 Sec. 64-752 (1) Mixed Use District Permitted Uses 2006 Heritage Walk Milton, GA 0000 P: 678.242.2500IF:678.242.2499 info®cityofrniltonga.usI www.cityofmiltonga.us 1W1 Sec. 64-775 (1) Permitted Uses in C-1 Community Business District Sec. 64-755 (2) Accessory Uses in C-1 Community Business District RZ20-05 Sec. 64-798 (1) Permitted Uses in C-2 Community Business District Sec. 64-798 (2) Accessory Uses in C-2 Community Business District RZ20-06 Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District RZ20-07 Sec. 64-1121 Allowed Use Chart RZ20-08 Sec. 64 -Article XIX Crabapple Form Based Code Table 9 Article 6-1 Definitions RZ20-09 Sec. 64 -Article XX Deerfield Form Based Code Table 10 Article 6-1 Definitions Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis — January 29, 2020 Concurrent Review: Steve Krokoff, City Manager Affachment(s): RZ20-08 Text Amendments STATE OF GEORGIA COUNTY OF FULTON ORDINANCE_ RZ20-08 AN ORDINANCE TO AMEND SEC. 64 -ARTICLE XIX CRABAPPLE FORM BASED CODE OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 2, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Sec. 64 -Article XIX -Table 9, and 6-1 Definitions, to include uses permitted in Chapter 4 (Alcohol) as permitted uses is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 2nd day of March, 2020. Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk RZ20-08 Section 64 -Article XIX Crabapple Form Based Code, 6-1 Definitions, Table 9 TABLE 9: - Specific Function and Use. This table expands the categories of Table 8 to delegate specific Functions and uses within Transect Zones. R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT d. RETAIL T2 T3 T4 -R T4 T4-0 T5 Where qualified, all uses licensed and/or permitted under Chapter 4 R R R 6.1 - DEFINITIONS Any terms not specifically defined herein shall have the same definitions as otherwise set forth in any other chapter of this ordinance. TO: FROM: MILTON'* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 Steven Krokoff, City Manager AGENDA ITEM: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. MEETING DATE: Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.�-AIPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (t i,NO CITY ATTORNEY REVIEW REQUIRED: () YES (4440 APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: oz/l4/azo 2006 Heritage Walk Milton, GA P: 678.242.2500 1 F: 678.242.2499 0000 info@cifyofmiltonga.us I www.cityofmiltonga.us MILTON* ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on February 13, 2020 for First Presentation on the February 19, 2020 Regular City Council Meeting Agenda Item: Consideration of Text Amendments - RZ20-01, RZ20-02, RZ20-03, RZ20-04, RZ20-05, RZ20-06, RZ20-07, RZ20-08, RZ20-09 regarding Chapter 64 Zoning of the Code of the City of Milton, Georgia. Department Recommendation: Approval Executive Summary: As part of the Chapter 4 - Alcoholic Beverages rewrite, we are recommending text amendments to Chapter 64 - Zoning to allow usage of the licenses/permits that are available through Chapter 4. These amendments were unanimously approved at the January 29, 2020 Planning Commission meeting. • August 2019 - Engaged Taylor English Duma, LLC for Phase I - Brainstorming • August - Brainstorming Session with key City staff, developers, and leasing agents • September 16 - Work Session • September 26 - Article in Milton Herald "Milton considers economic impact of updating alcohol ordinance" • October 1 - Two public input sessions at City Hall • October 1 - Engaged Taylor English Duma, LLC for Phase II - Drafting • October 8 - Article in Milton Herald "Residents express support for Milton's alcohol ordinance updates" • November 13 -Work Session • December 17 - CZIM • January 29, 2020 - Planning Commission RZ20-01 Sec. 64-1 Definitions RZ20-02 Sec. 64-395 Uses Prohibited in All Districts RZ20-03 Sec. 64-752 (1) Mixed Use District Permitted Uses 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info8cityofmiltonga.us I www.cityofmiltongo.us =1n,u RZ20-04 Sec. 64-775 (1) Permitted Uses in C-1 Community Business District Sec. 64-755 (2) Accessory Uses in C-1 Community Business District RZ20-05 Sec. 64-798 (1) Permitted Uses in C-2 Community Business District Sec. 64-798 (2) Accessory Uses in C-2 Community Business District RZ20-06 Sec. 64-895 (1) Permitted Uses in Community Unit Plan (CUP) District Sec. 64-895 (2) Accessory Uses in Community Unit Plan (CUP) District RZ20-07 Sec. 64-1121 Allowed Use Chart RZ20-08 Sec. 64 -Article XIX Crabapple Form Based Code Table 9 Article 6-1 Definitions RZ20-09 Sec. 64 -Article XX Deerfield Form Based Code Table 10 Article 6-1 Definitions Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Sam VanVolkenburgh, Jarrard & Davis - January 29, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): RZ20-09 Text Amendments STATE OF GEORGIA COUNTY OF FULTON ORDINANCE_ RZ20-09 AN ORDINANCE TO AMEND SEC. 64 -ARTICLE XX DEERFIELD FORM BASED CODE OF THE ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 2, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Sec. 64 -Article XIX -Table 10 and 6-1 Definitions, to include uses permitted in Chapter 4 (Alcohol) as permitted uses is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 2nd day of March, 2020. Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk Section 64 -Article XX Deerfield Form Based Code, 6-1 Definitions, Table 10 Table 10: -Specific Function and Use. This table expands the categories of Table 9 to delegate specific Functions and uses within Transect Zones. R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT d. RETAIL T2 T3 T4 T4 -P 4-0 1 TS I T6 Where qualified, all uses licensed and/or R R R R R permitted under Chapter 4 6.1 - DEFINITIONS Any terms not specifically defined herein shall have the same definitions as otherwise set forth in any other chapter of this ordinance. MILTON%r ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 12, 2020 FROM: Steven Krokoff, City Manager (1) AGENDA ITEM: Consideration of An Ordinance to Amend Chapter 4 - Alcoholic Beverages, of the Code of the City of Milton, Georgia. MEETING DATE: Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1PPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.tIYES () NO CITY ATTORNEY REVIEW REQUIRED: (YYES () NO APPROVAL BY CITY ATTORNEY: (,}APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: a'�Igl4°10 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: Sarah LaDart, Economic Development Manager Date: Submitted on February 13, 2020 for First Presentation on the February 19, 2020 Regular City Council Meeting Agenda Item: Consideration of An Ordinance to Amend Chapter 4 - Alcoholic Beverages, of the Code of the City of Milton, Georgia. _____________________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Together with City Management, the Finance Department, and Public Safety, we have been engaging Council, the community, and key staff on redrafting Chapter 4 – Alcoholic Beverages and the appropriate adjustments to Chapter 64 – Zoning. The City engaged Taylor English Duma, LLC for the rewrite. The purpose is to help make Milton a place where people with “cool” ideas can do things they cannot do anywhere else. This is designed to spur economic development and define what Milton wants to be and attract for the next five years. This project satisfies two of our department’s core values: Play Offense and Challenge the Book. In addition to making the current ordinance more cohesive, a highlight of the revisions that were made are: • Stating a purpose for the ordinance • Additional definitions for clarification purposes • Revision of “good moral character” definition • Addition of temporary license fee, Sunday sales fee • Increase to for-profit Special Event Permit • Addition of breweries, micro-breweries, distillery, micro-distilleries, food halls, courtyard markets, craft beer and/or wine markets, city food markets, growler shop • Adjusting alcohol to food ration from 50:50 to 70:30 • Expanding “special districts” to include the entire licensed establishment • Revising time of day sales Below is a timeline of our process: • August 2019 – Engaged Taylor English Duma, LLC for Phase I - Brainstorming • August - Brainstorming Session with key City staff, developers, and leasing agents • September 16 - Work Session • September 26 – Article in Milton Herald “Milton considers economic impact of updating alcohol ordinance” • October 1 - Two public input sessions at City Hall • October 1 – Engaged Taylor English Duma, LLC for Phase II - Drafting • October 8 – Article in Milton Herald “Residents express support for Milton’s alcohol ordinance updates” • November 13 – Work Session • December 17 – CZIM • January 29, 2020 - Planning Commission Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Ken Jarrard, Jarrard & Davis – February 10, 2020 Concurrent Review: Steve Krokoff, City Manager Attachment(s): Proposed Chapter 4 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 4 – ALCOHOLIC BEVERAGES, OF THE CODE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 2, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Chapter 4 - Alcoholic Beverages, of the Code of the City of Milton, Georgia is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 2nd day of March 2020. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk Notes: At some point, probably after review by the City Attorney, the references to the prior ordinance sections should be inserted as appropriate. In an effort to facilitate that, you’ll see several notes where I’ve included the phrase “modeled after xxxx” to reflect the prior section number that the new provision relates best to. Chapter 4 - ALCOHOLIC BEVERAGES Footnotes: --- (1) --- Editor's note— Ord. No. , adopted =======, 2020, amended the Code by repealing ch. 4 in its entirety and enacting new provisions to read as herein set out. Former ch. 4, §§ 4-1—4-5, 4-25—4-27, 4-47—4-53, 4-73—4-75, 4-96—4-102, 4-122— 4-125, 4-145—4-147, 4-167, 4-168, 4-188—4-192, 4-211—4-213, 4-232—4-234, 4- 254—4-257, 4-277, 4-297, 4-317—4-319, 4-339, 4-359—4-361, 4-417, 4-437, 4-457, 4- 477, 4-497—4-500, 4-520—4-545, and pertained to similar subject matter. See the Code Comparative Table for a complete derivation. State Law reference— — Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq. Georgia Alcoholic Beverage Code, O.C.G.A. § 3-1-1 et seq.; regulation of alcoholic beverages generally, O.C.G.A. § 3-3-1 et seq.; authority of local authorities to license and regulate alcoholic beverage sales, O.C.G.A. § 3-3-2; local regulation of sales on Sundays, O.C.G.A. § 3-3- 7; prohibited acts on licensed premises, O.C.G.A. § 3-3-40 et seq.; malt beverages, O.C.G.A. § 3-5-1 et seq.; wine, O.C.G.A. § 3-6-1 et seq.; local licensing requirements for sale of malt beverages, O.C.G.A. § 3-5-40 et seq.; requirements for sale of wine, O.C.G.A. § 3-6-40; 3-4-49, 3-4-50, 3-4-80 et seq., 3-5-80 et seq., 3-6-60, 3-7-40 et seq.; Georgia Department of Revenue Regulations, Ga. Comp. R. & Reg. § 560-2-1 et seq. ARTICLE I. - IN GENERAL Sec. 4-1. – Purpose and title. (a) Purposes. This ordinance is entered as part of a comprehensive plan designed for the purposes, among others of: (1) promoting the health and general welfare of the community; (2) to establish reasonable and ascertainable standards for the regulation and control of the licensing and sales of alcoholic beverages to protect and preserve schools and churches; (3) and to give effect to land use and to preserve certain residential areas, with reasonable considerations, among others, to the character of the areas and their peculiar suitability for particular uses, the congestion in the roads and streets and with a general view of promoting desirable living conditions and sustaining stability of neighborhoods and property values. (b) The purposes of this Chapter are not advanced when alcoholic beverages are provided to the general public under the guise that such alcoholic beverages are not being sold but are being given away as part of a business operation or other activity. As such, any person or entity providing alcoholic beverages to the general public, whether for sale or otherwise, must be licensed by the City under this Chapter. Sec. 4-2. - Definitions. (a) Unless a contrary intention is clearly apparent from the context, any term used in this Chapter shall have the same meaning as when used in a comparable provision of the Georgia Alcoholic Beverage Code (O.C.G.A. § 3-1-1 et seq.) or the Georgia Department of Revenue Regulations. Any terms used in this Chapter not specifically defined herein shall be defined as set for by state law or the Department of Revenue Regulations. Any use not expressly prohibited herein and allowed by state law and the Department of Revenue Regulations shall be allowed. To the extent that any definition herein is in conflict with definitions set forth in state law or the Georgia Department of Revenue Regulations, the state law and Department of Revenue terms shall govern. (b) As used in this Chapter, the singular and the plural shall each include the other, the masculine and feminine shall each include the other, and any verb tense may include any other verb tense. (c) As used in this Chapter the term "may" is permissive and the term "shall" is mandatory. (d) The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adult Entertainment Establishment shall have the same definition as set forth in Chapter 64-1. Adult entertainment establishments are specifically prohibited from holding an alcoholic beverage license in the City of Milton. Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. Alcoholic Consumable means any product intended for human consumption that contains any measurable amount of alcohol as defined in this section. Alcohol consumables will be regulated by the City as any alcoholic beverage. Alcoholic Beverage means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine intended for human consumption. Throughout this Chapter, any reference to alcoholic beverage shall be deemed to include alcoholic consumables, regardless of whether such consumables are in liquid or solid form. Alcoholic Beverage Caterer means any on-premise consumption retailer licensed by the City of Milton who provides alcohol for consumption at private functions on private property, special events or special events facilities. Applicant means the person, partner, firm or corporation, as owner, or other entity (individually or collectively) making the application for the alcohol license, whether compensated or not. Ancillary License means a license that is available to the holder of a beer and/or wine retail package license and allows for tastings on the premises under limited conditions as provided for in this Chapter. Assembly Hall or Events Facility means a room or building typically accommodating the gathering of persons for deliberation, legislation, worship or entertainment. Establishments that operate as an “assembly hall” or "events facility" shall not provide adult entertainment, as that term is defined and used in section 64-1, either regularly or occasionally, nor shall any such establishment operate as a bar or nightclub. Bar means an establishment whose primary business is the provision of alcoholic beverages and not the consumption of food. A place that derives 75 percent or more total annual gross revenue from the sale of alcoholic beverages for consumption on the premises and does not meet the definition of any other establishment qualified to hold a license under this ordinance will be presumed to be a bar. Bars are specifically prohibited in the City of Milton. This provision does not preclude a business that otherwise qualifies as an eating establishment or restaurant from including the word “bar” in its name provided that the name must also be indicative of food service, such as “Joe’s Sports Bar & Grille”. Barrel with respect to a brewery means a vessel that is used to age/condition/ferment beer which is 31 gallons or such other size authorized by the U.S. Alcohol and Tobacco Tax and Trade Bureau (“TTB”). (O.C.G.A. § 3-5-1) Barrel with respect to a distillery means a vessel that is used to age/condition/ferment distilled spirits; a standard unit of measure is 53 gallons. State Law Reference O.C.G.A. § 3-5-1; Federal Law Reference 27 CFR §25.11 Beer or Malt Beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine, which shares a similar manufacturing process to beer but has a higher percent of alcohol by volume. The term "beer" is used interchangeably with "malt beverage." Throughout this Chapter, any reference to beer or malt beverages shall be deemed to include alcoholic consumables that contain beer or malt beverage alcohol. State Law reference - O.C.G.A. §3-1-2; Ga. Comp. R. & Reg. § 560-2-2-.01. Brewer means a manufacturer of malt beverages and/or beer. Brewery means a domestic manufacturing facility for beer that is licensed by the state. Provided a license is issued as required by the state and this Chapter, a brewery is authorized to sell beer by the package, by the drink and operate flight tastings on the premises of the brewery pursuant to appropriate state law, without additional license requirements, except as is required in Chapter 64. Brewpub means any restaurant that also qualifies as an eating establishment in which beer, wine and/or distilled spirits are licensed to be sold for consumption on the premises and beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36 for retail consumption in and on the premises. In calculating the total annual gross food and beverage sales for any such establishment for the purpose of determining whether the establishment constitutes an 'eating establishment' as defined herein and by state law, neither barrels of beer sold to licensed wholesale dealers for distribution to retailers, as authorized pursuant to O.C.G.A. § 3-5-36(2)(D), or retail sales by the package or growler, shall be included. As used herein, the term "eating establishment" shall have the same definition as provided for by state law. Moreover, a brewpub licensed under this Chapter may secure an additional and separate license for the retail sale of beer for off-premises consumption, so long as the beers that are sold by the package by the brewpub are manufactured on site, and subject to the limitations of state law. Bring Your Own Beverage (BYOB) License means a license issued for any place of business open to the public or any private club that allows guests, patrons or members to bring their own wine and/or beer onto the premises for the guests’ consumption, sometimes also referred to as “brown-bagging.” This license is limited to wine and beer only. Off-premise retailers are not permitted to allow patrons to bring alcoholic beverages onto the premises for consumption and are not eligible to obtain a BYOB license. A BYOB license may be issued to eating establishments that hold on-premise consumption licenses as well as to other establishments that do not sell or serve alcoholic beverages. Establishments that also hold an on-premise consumption license shall pay the same BYOB license fee as other BYOB establishments, but will not receive a separate BYOB license. Instead, the BYOB approval will be noted on their on-premise license. Establishments that do not otherwise serve or sell alcohol will receive a separate BYOB license. BYOB licenses may only be issued to businesses in a zoning district that allows such use. Building Code means and includes all building, plumbing and electrical codes and any similar technical code of the city. Chief of Police means the Chief of Police of the City of Milton. Church means any permanent place of public religious worship. City means the City of Milton and when used in a geographical sense means the territorial limits of the City of Milton. City Food Market means a retail market which (a) does not sell or offer for sale any of the following: gasoline, diesel fuel, tires, distilled spirits, tobacco products, lottery tickets or related games of chance or beer by the keg; (b) does not provide for the on- premises use of coin operated amusements; (c) maintains at all times that it is open to the public, has an inventory of saleable food products, including meat, dairy, vegetable, fruit, dry goods and beverages, with a minimum cumulative cost of goods sold of such food products of at least $125,000.00; (d) has an interior floor area of at least 4,500 square feet and not more than 20,000 square feet, of which more than 50 percent of such interior floor area is devoted to the display for sale of non-alcoholic beverage products; (e) employs not less than 4 individuals who work at least 35 hours per week on the premises, and (f) derives less than 20 percent of its gross receipts from the sale of beer and wine. City Manager means the individual who is the City Manager handling alcoholic beverage licenses, as such position presently exists, or by whatever name the position may be designated in the future. The term City Manager will also be deemed to include any designee of the City Manager. College means only those state, county, city, church or other colleges that teach the subjects commonly taught in the common colleges of this state and shall not include private colleges where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations and other special subjects are taught. Conviction means adjudication of guilt, plea of guilty, plea of nolo contendere or the forfeiture of a bond when charged with a crime, but shall not include a discharge under provisions of what is commonly called the State of Georgia First Offender Act, being O.C.G.A. § 42-8-60 et seq. Courtyard Market shall mean a commercial or retail center consisting of one or more structures on one or more contiguous tracts or parcels of land, having a minimum of at least ten acres and at least 400,000 square feet of structures and having a minimum of 40,000 square feet of retail uses and not less than 45,000 square feet of outdoor areas used for public and private events, entertainment, farmer's markets, exhibitions, performances, shows, events, concerts and community events occurring on plazas, lawns, parks, rooftops, and streets (when not open to vehicular traffic) and sidewalks that are in the dominion and physical control of the owner of the courtyard market, the owner's agent or the owner's lessee. No adult entertainment as that term is defined and used in Chapter 64 of this Code shall be permitted. The applicant for a Courtyard Market license shall show by plat or survey submitted with the license application, the physical delineation of the area in which alcoholic beverages will be sold, consumed and stored and such area shall be included as part of the premises as defined in this section. Licenses to sell alcoholic beverages for consumption on the premises as a Courtyard Market may be issued to the owner or property manager of the Courtyard Market. Craft Beer means a beer brewed by an independent brewer with annual production not exceeding six million barrels. Craft Beer and/or Wine Market means a retail establishment whose primary purpose is the sale of craft beers and/or wine for consumption off the premises. A Craft Beer and/or Wine Market shall offer a minimum of fifty (50) different beer/wine selections. Sales of craft beers and wines may be for consumption on the premises and/or package (including growlers), provided however, the sale and/or consumption of distilled spirits is strictly prohibited at such locations. Craft Beer and/or Wine Markets shall be permitted in areas currently zoned to allow for consumption on the premises and shall meet all distance requirements for a consumption on-premise license as well as an off-premise beer and/or wine package license. Distance means the measurement in linear feet from the front door of the structure from which alcoholic beverages are sold or offered for sale in a straight line to the nearest public sidewalk, walkway, street, road or highway by the nearest route to the front door of the building or to the nearest portion of the ground, whichever is applicable. For the purposes of this Chapter, distances shall be measured along the most direct pedestrian route of travel to and from the premises in the manner described herein. State Law reference - O.C.G.A. §3-3-21. Distilled Spirits, Liquor or Spirituous Liquor means any alcoholic beverage obtained by distillation or containing more than 24 percent (24%) alcohol by volume including, but not limited to, all fortified wines. Throughout this Chapter, any reference to distilled spirits, liquor or spirituous liquor shall be deemed to include alcoholic consumables that contain distilled spirits or spirituous liquors. State Law reference – O.C.G.A. §3-1-2; 27 CFR §24.10. Distiller means a manufacturer of distilled spirits or spirituous liquors. Distillery means a domestic manufacturing facility for distilled spirits or spirituous liquors that is licensed by the state. Provided that a license is issued as required by this Chapter, a distiller/distillery is authorized to sell spirituous liquors by the package, by the drink and operate flight tastings on the premises of the distillery as provided for and subject to the limitations set forth by state law, without additional license requirements. Domestic Wine means any and all wines produced by a farm winery within this state. Throughout this Chapter, any reference to wine shall be deemed to include alcoholic consumables that contain wine. Eating Establishment shall have the same meaning as set forth by state law (currently O.C.G.A. § 3-3-7). These establishments may be licensed to sell distilled spirits, beer and/or wines but must derive a minimum percent of their total annual gross food and beverage sales from the sale of prepared meals or food as required by state law. For brewpubs or other eating establishments that also sell beer and wine by the package, neither barrels of beer sold to licensed wholesale, as authorized pursuant to O.C.G.A. § 3-5-36(2)(c), nor package sales of wine and/or beer shall be used when determining the total annual gross food and beverage sales. Entertainment means the live performance by any person, whether such person be a musician, dancer, DJ or otherwise, which occurs upon the premises of a licensed establishment. Events Facility. This term shall have the same meaning as that provided for "assembly hall" or "rural or agricultural event facility" provided in section 64-1. Any establishment licensed as an "events facility" shall not provide adult entertainment, as that term is defined and used in section 64-1, either regularly or occasionally; nor shall any such establishment operate as a bar or nightclub. Farm Winery or Georgia Farm Winery shall have the same meaning as set forth by state law. Provided that a license is issued as required by the state and further under this Chapter, a Farm Winery licensed by the City of Milton is authorized to sell wine at its premises by the package or for consumption on the premises as authorized by Georgia law. Moreover, any duly licensed farm winery may offer wine samples and make retail sales of its wine and the wine of any other Georgia Farm Winery in a tasting room on the premises of the farm winery without additional license requirements. Nothing in this section shall be deemed to prohibit a farm winery from obtaining appropriate licenses or permits to allow special events on its premises and provide alcohol in conjunction with such licenses as permitted by state law and City of Milton Ordinances. State law reference O.C.G.A. §3-6-21.1 Fixed Salary means the amount of compensation paid to any member, officer, agent, or employee of a bona fide private club as may be fixed for him or her by its members at a prior annual meeting or by the governing body out of the general revenue of the club and shall not include a commission on any profits from the sale of alcoholic beverages. For the purpose of this definition, tips or gratuities which are added to the bills under club regulation shall not be considered as profits from the sale of alcoholic beverages. Food Caterer means any person that prepares food for consumption off the premises. Food Hall means a retail area that contains more than two (2) food hall cafes, where a minimum of 65% of the area is dedicated to food hall cafes that provide prepared meals for consumption on the premises during the entire time that alcohol is sold and that share a common area with at least 40 seats at tables for the food hall café customers collectively within a building, courtyard or other contiguous space. Food Hall Café means a food and/or beverage vendor located within a Food Hall. A Food Hall Café licensed under this Chapter for on-premise consumption of alcohol may enter into an agreement with one or more food vendors within the same Food Hall to satisfy the requirements of meal service and the alcohol/food sales ratio required to be deemed an eating establishment. However, any food sales utilized by one establishment to meet the ratio cannot be used by another establishment for the same purpose. In order to qualify, any utilized food vendors must be (a) located in the same Food Hall as the licensed establishment; (b) generally incorporated into the operation of the licensed establishment; and (c) available, open and prepared to serve food every hour that alcoholic beverages are offered for sale from any portion of the premises. Fortified Wine means any alcoholic beverage containing more than 24 percent (24%) alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. "Fortified wine" includes, but is not limited to, brandy. Throughout this Chapter, any reference to fortified wine shall be deemed to include alcoholic consumables that contain fortified wine. For purposes of this regulation, fortified wine shall be deemed a Distilled Spirit. State Law reference - O.C.G.A. §3-1-2 Free-standing Vendor means any person or entity that is permitted to sell alcoholic beverages from a cart, kiosk, or temporary structure for retail sales within an open container area or a licensed special event. Full-Service Kitchen means a kitchen that consists of a commercial sink; a permanently installed stove, grill or other similar heating device that adequately and completely cooks prepared meals; and a refrigerator. Said kitchen must be approved by the health and fire departments. Golf Course means a golf facility consisting of a clubhouse or a professional golf shop and a regulation or executive length golf course of at least nine holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, and the Georgia State Golf Association. The term “golf course” does not include miniature golf. Good Moral Character means the propensity of the person to serve the public in the licensed area in a fair, honest and open manner. A judgment of guilt in a criminal prosecution or a judgment in a civil action shall not be used in and of itself as proof of a person's lack of good moral character. It may be used as evidence in the determination and, when so used, the person shall be notified and shall be permitted to rebut the evidence by showing that: (1) At the current time he or she has the ability to, and is likely to, serve the public in a fair, honest and open manner; and (2) He or she is rehabilitated or, that due to the substance, nature, timing or other circumstances of the former offense, it is not reasonably related to the occupation or profession for which he seeks a license or permit. (3) The following criminal records shall not be used, examined or requested by the City in a determination of good moral character when used as a requirement to obtain a license or permit under this Chapter: a) Records of an arrest not followed by a conviction. b) Records of a conviction which have been reversed or vacated, including the arrest records relevant to that conviction. c) Records of an arrest or conviction for a misdemeanor or a felony unrelated to the person's likelihood to serve the public in a fair, honest and open manner. d) Records of an arrest or conviction for a misdemeanor for the conviction of which a person may not be incarcerated in a jail or prison. Growler means a glass or ceramic container not to exceed 64 ounces that is filled by a licensee or employee of a licensee with craft beer from a keg and securely sealed for off-premises consumption. Growler Shop means a retail establishment that only sells craft beer in growlers for off-premise consumption and no other alcoholic beverages. Establishments licensed as a Growler Shop are not authorized to sell wine or distilled spirits and may not sell beer for consumption on the premises. Growler shops shall be no larger than 2500 square feet and have no more than 40 different beers available at any given time. Provided that all distance and zoning requirements are met, Growler Shops are eligible to also apply for an Ancillary License. Hotel means any building or other structure in which boarding or lodging is provided for fewer than 30 days. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. Hard Cider means an alcoholic beverage obtained by the fermentation of the juice of apples, containing not more than six percent (6%) of alcohol by volume, including, but not limited to flavored or carbonated cider. For purposes of this Chapter, hard cider shall be deemed a beer. Incidental License is a type of on-premise alcoholic beverage license for an establishment that does not sell food that was prepared on the premises and does not charge for any alcoholic beverage. An establishment that holds an Incidental license is limited to wine and beer; and is prohibited from allowing any individual to consume any more than 16 ounces of wine or 24 ounces of beer on the premises within a calendar day. The amount of money spent on alcoholic beverages by such establishment shall not exceed two percent of gross receipts (gross receipts shall have the same meaning as provided in Chapter 12 of this ordinance). Interest includes any pecuniary interest and any ownership interest, whether present or future, whole or partial, legal or beneficial, contingent or vested, direct or indirect, and any right, power, or authority of control. Legal Alien means a person who possesses a valid United States government- issued I-551 card. An application for I-551 status does not meet the legal alien definition. Any other status, which allows a person to enter the United States, does not comply with this definition. License means the authorization by the governing authority of the City of Milton to engage in the sale, consumption, or provision of alcoholic beverages as provided for in this Chapter. Licensee means a person, real or artificial to whom a license is issued or, in the case of a partnership or corporation, includes both the partnership or the corporation and the individual designated by such legal entity to serve as its license representative. Licensee Agent means an individual person designated by a partnership or corporation to act as its representative and on its behalf on all matters related to the alcohol license. A Licensee Agent must have sufficient involvement with the partnership or corporation to have supervisory authority over the day to day operations of the licensed premises. Limited Tap License means an on-premise alcoholic beverage license for an establishment that does not sell food that was prepared on the premises and provides a limited selection of craft beers on tap for consumption on the premises only. An establishment with a Limited Tap License is limited to having five or fewer beer taps. Establishments with a Limited Tap License must limit consumption for any individual to a maximum of 48 ounces within a calendar day and must obtain approval from the fire marshal and building official in accordance with applicable codes. Liter means the metric measurement currently used by the United States. Liquor. For purposes of this Chapter, the term “liquor” may be used interchangeably with the terms distilled spirits and spirituous liquors and will be deemed to have the same meaning. Live Entertainment means music, comedy, readings, dancing, acting or other entertainment, excluding adult entertainment, performed on the site. This classification includes dancing by patrons to live or recorded music. Major Shareholder means an individual or entity that owns or controls a twenty percent (20%) or more interest in a business establishment. Malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops or any other similar product or any combination of such products in water, containing not more than 14 percent (14%) alcohol by volume and including ale, porter, brown, stout, lager beer, small beer and strong beer. The term does not include sake, known as Japanese rice wine, which shares a similar manufacturing process to beer and malt beverages but which typically has more than 14 percent of alcohol by volume. The term "malt beverage” is used interchangeably with "malt beverage." Throughout this Chapter, any reference to malt beverage shall be deemed to include alcoholic consumables that contain malt beverages. State Law reference - O.C.G.A. §3-1-2; Ga. Comp. R. & Reg. § 560-2-2-.01. Manufacturer means any maker, producer, or bottler of an alcoholic beverage. The term "manufacturer" also means: (1) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; provided that a vintner that blends wine and distilled spirits to produce a fortified wine shall not be considered a manufacturer of distilled spirits; but will be considered a vintner; (2) In the case of beer, any brewer; and (3) In the case of wine, any vintner. Micro-Brewery means a small-scale establishment in which not more than15,000 barrels of craft beer are manufactured or brewed in a calendar year. Microbreweries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tap-room or tasting room sales. Microbreweries must abide by the restrictions set forth by state law related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. State Law reference O.C.G.A. § 3- 5-24.1 Micro-Distillery means a small-scale establishment in which not more than15,000 barrels of distilled spirits are manufactured in a calendar year. Micro-distilleries sell to the public through wholesalers or directly to the consumer through carry-out package and/or on-site tasting room sales. Micro-distilleries must abide by the restrictions set forth by state law related to the quantities of alcoholic beverages that may be sold directly to the consumer at retail. State Law reference O.C.G.A. § 3-4-24.2 Nightclub means an establishment whose primary business is the provision of alcoholic beverages and live entertainment or customer dancing and not the consumption of food. A place that derives 75 percent or more total annual gross revenue from the sale of alcoholic beverages for consumption on the premises and cover charges or entry fees will be presumed to be a nightclub. Nightclubs are specifically prohibited in the City of Milton. Nonprofit Civic Organization means an organization which is an exempt organization under Section 501(c) or (d) of the Internal Revenue Code of 1986, as amended. Off-Premise Beer/Wine Retailer or Store means any person or entity that sells or provides to the public unbroken packages or growlers, only to consumers and not for resale. Off-premise Distilled Spirits Retailer or Store means any person or entity that sells or provides to the public distilled spirits and beer and/or wine in unbroken packages, not for consumption on the premises; and which derives from such retail sale of alcoholic beverages in unbroken packages at least 75 percent of its total annual gross sales from the sale of a combination of distilled spirits, beer, and wine. On-premise Consumption Retailer means any person or entity that sells or provides to the public alcoholic beverages for consumption on the premises, only to consumers and not for resale. Open Container Area means a specified area adjacent to and designated for common use by multiple eating establishments, food vendors or restaurants for their patrons. Patrons would be permitted to carry an open container of alcohol into said area provided that it was purchased from one of the adjacent licensed establishments. However, such areas would not be considered as part of the “premises” of an alcoholic beverage licensee and said licensees would not be permitted to deliver alcoholic beverages into the Open Container Area. Outdoor Dining Area means an outdoor dining space in which an on-premise licensee serves food and beverages as part of the operation of the licensed premises. An Outdoor Dining Area may include a patio, City approved sidewalk seating or a designated dining area within the exclusive control of the licensee but separated from the licensee’s premises only by a sidewalk. Except as otherwise provided for herein, the Outdoor Dining Area must be located immediately adjacent to the licensed premises. No part of an Outdoor Dining Area shall be located within any public right-of-way without permission of the City. The width of an Outdoor Dining Area shall not exceed the width of the licensed premises. Package means a bottle, can, keg, barrel, or other original consumer container. The term "retail package alcoholic beverages" includes all alcoholic beverages in their original container, sold at retail to the final consumer, and not for resale. Park means any public lands owned, controlled or operated by the City, the state, or any county of the state, in and upon which play facilities are provided for the recreation and enjoyment of the general public. Pharmacy or Drugstore means any place of business of a pharmacist, which also sells cosmetics, stationary and other such products. Premises means the definite closed or partitioned-in location, whether room, shop, or building, wherein alcoholic beverages are sold, provided or consumed pursuant to this Chapter. Premises also includes any area (such as a sidewalk café, outdoor dining area, courtyard or patio) immediately adjacent to the main licensed facility and located on property owned or leased by such licensee. Private Club means any nonprofit association organized and existing under state law and exempt from federal income taxes pursuant to section 501(c) of the Internal Revenue Code, as amended and which: (1) Has been in existence at least one year prior to the filing of the application for a license to be issued pursuant to this Chapter; (2) Has at least 75 regular dues-paying members; (3) Owns, hires or leases a building or space within a building for the reasonable use of its members with: a) A suitable kitchen and dining room space and equipment; and b) A sufficient number of employees for cooking, preparing and serving meals for its members and guests; (4) Has no member, officer, agent or employee directly or indirectly receiving, in the form of salary or other compensation, any profits from the sale of alcoholic beverages beyond a fixed salary. Registered Agent means a natural person age 21 years or older and residing in the City or the county who is designated by a licensed establishment to receive process. Notice or demand required or permitted by law or under this Chapter may be served upon the licensee, registered agent or owner. Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served to patrons, without sleeping accommodations, such place being provided with an adequate and sanitary full service kitchen and dining room equipment, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its patrons. At least one meal per day shall be served at least six days per week, with the exception of holidays, vacations and periods of redecorating, and the serving of those meals shall be a principal portion of the business conducted, with the serving of alcoholic beverages as only incidental thereto. The restaurant seating area must be at least 40 percent of the gross square footage of the restaurant facility. Seating space located outside of the main structure (i.e. patios, decks, etc.) shall not be included in calculating seating space. The term “restaurant” includes cafeteria. In order to be considered a “full service” restaurant, the business must also meet the requirements of an eating establishment. A restaurant that does not meet the requirements of an eating establishment under state law may be licensed as a “limited service” restaurant but must still derive at least 30 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. Unless otherwise permitted by state law, limited service restaurants do not qualify to sell alcoholic beverages on Sundays. School, School Building or Educational Building for the purposes of determining distance requirements for the sale of alcoholic beverages shall means a state, county, City or church school building or such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of the state and which are public schools and private schools as defined in O.C.G.A. § 20-2-690(b). The term "school building" includes only those structures in which instruction is offered. Server Pouring Permit means an authorization granted to an individual by the City to cork, dispense, sell, serve, take orders, or mix alcoholic beverages in the City of Milton. Service Area means the portion of an indoor recreational establishment located within the same building or structure and adjacent to an eating establishment, private club or restaurant. To the extent that such eating establishment, private club or restaurant holds an on-premise consumption alcoholic beverage license, the consumption of alcoholic beverages within the service area is permitted. Shopping Center means a collection of multiple commercial establishments planned and developed as a unit for which common parking facilities are provided on the site. This shall also include a mall or strip center. Special Event. This term shall have the same meaning as provided in sections 64-1 and 64-1596. A Special Event License means an alcoholic beverage license issued for a specific location for a limited amount of time and a limited number of days. A non- profit organization may obtain an on-premise special event license for beer, wine and/or distilled spirits as well as an off-premise Special Event License for sale of beer and/or wine by the package. An establishment that holds a current on-premise consumption license may apply for an on-premise Special Event License but not for an off-premise package license. Specialty Shop means any retail shop that deals in the sale of foods, specialty foods and gifts that derives not more than 15 percent of its gross sales from the sale of packaged gift baskets containing non-alcohol related items such as flowers, plants, food or similar items which also contain unbroken containers of wine or beers. In order to qualify for an off-premise alcohol license, a Specialty Shop must have an interior floor area of not more than 5,000 square feet (inclusive of storage), of which more than 60 percent of interior floor area is devoted to the display for sale of non-alcoholic beverages; and that does not offer check cashing services; does not maintain a drive-thru window; and does not maintain on the premises for sale any of the following: distilled spirits, beers containing more than six percent alcohol by volume, gasoline, diesel fuel, tires, lottery tickets or related games of chance, or tobacco. Sports Club means an association or corporation organized and existing under state law, organized and operated primarily to provide a location for the patrons thereof to engage in sporting events. 1) To qualify for an on-premise consumption retailer’s license, a sports club must have been actively in operation within the City at least two years prior to an application for license under this Chapter; provided, however, that the two-year operational requirement shall not apply to golf courses or golf club corporations where the selling or the serving of alcoholic beverages is to take place on the golf course premises. 2) A Sports Club organized or operated primarily for serving alcoholic beverages shall not qualify for licensing under this Chapter, and accordingly shall not be permitted to serve alcoholic beverages at any time. 3) Unless otherwise indicated, a sports club licensee shall comply with all other requirements imposed upon on-premise consumption retailers. Tasting Room means an outlet for the promotion of wine produced by a Georgia Farm Winery by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine may be given complimentary or for a fee. Tax. When used in this Chapter, the term “tax” means the tax imposed by the City of Milton upon any dealer in alcoholic beverages for each calendar month of the year. Temporary Alcoholic Beverage License is a license provided to an applicant that applies for a permanent alcoholic beverage license, complies with the requirements set forth in this Chapter and who, according to the City Manager’s discretion, appears to meet the criteria for receiving a permanent license. Temporary licenses are intended to aid the applicant in opening for business within a short time after passing all required inspections. A temporary license is only valid for 90 days and may be revoked at any time. Underage Person means an individual who is less than 21 years of age. Vendor means any establishment licensed to provide or sell alcoholic beverages at retail under this Chapter. Wholesaler or Wholesale Dealer means any person, entity, firm or corporation that sells alcoholic beverages to other wholesale dealers, off-premise retail dealers, or on- premise consumption retailers. Wine or Vinous Beverages means any alcoholic beverage containing not more than 24 percent (24%) alcohol by volume made from fruits, berries, grapes or honey either by natural fermentation or by natural fermentation with brandy added. These terms include, but are not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, and special natural wines, rectified wines, other like products, and Sake, which is an alcoholic beverage often manufactured through a process similar to that of beer but produced from rice and often containing greater than 14% alcohol by volume. These terms do not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at the point in the manufacturing process when it conforms to this definition. Throughout this Chapter, any reference to wine shall be deemed to include alcoholic consumables that contain wine. State and Federal Law reference - O.C.G.A. §3-1-2; 27 CFR §24.10. Wine Market shall have the same definition as set forth in the definition for Craft Beer and/or Wine Market. State Law reference— Definitions generally, O.C.G.A. § 3-1-1. Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 16-01-267, § 1, 1-4-2016; Ord. No. 17-05-316 , § 1, 5-15-2017) Sec. 4-3. – Jurisdiction. This Chapter shall apply to the corporate limits of the City and outside the City limits in all territory to which the jurisdiction of the City extends. Sec. 4-4. – Severability. If any provision, clause, sentence or paragraph of this Chapter, or the application thereof to any person or circumstances, shall be held invalid and unconstitutional, such invalidity shall not affect the other provisions or application of the provisions of this Chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this Chapter are hereby declared to be severable. Sec. 4-5. – License required. (a) It shall be a violation of this Chapter for any individual, entity or establishment that performs or undertakes any type of operation or activity for which an occupation tax certificate is required to keep, possess, store, sell (at wholesale or retail), provide or allow alcoholic beverages or consumables on the premises without appropriate, valid and current state and local licenses for such alcoholic beverages and/or consumables. This prohibition shall apply without regard to whether the alcoholic beverages or consumables are provided free of charge, as a part of any promotion by the owner of the premises or operator of the business, given as prizes in connection with any type of contests or raffles (which is prohibited under state law), or given as bonuses or inducements offered in connection with the purchase of goods and/or services. Further, it shall be unlawful to make deliveries beyond the boundaries of the premises covered by any alcoholic beverage license or to sell alcohol beyond the area on or about the premises covered by an alcoholic beverage license. (b) It shall be unlawful for any person to provide alcoholic beverages or consumables to the general public under the guise that such alcoholic beverages or consumables are not being sold but are being given away as part of a ticket. The sale to any member of the public of any ticket or the charging of any cover charge or fee, for admission to any event or premises where alcoholic beverages are available without further charge, as well as the sale of any ticket, stamp, token or similar item which may be redeemed or exchanged for alcoholic beverages or consumables is considered a “retail sale” of alcohol under this Chapter and requires an alcoholic beverage license. (c) Any owner or tenant of a location or business, as well as any individual employed by such owner, tenant or business who is present at the time when alcoholic beverages or consumables are being provided by a non-licensed premises or location as described in this section may be charged with the offense of violating the provisions of this Chapter. (d) Where there is a pending application for a new licensee or a change of ownership for a business that is to be located in premises that have been licensed within a year prior to the pending application, the new applicant may continue to sell alcohol in the same capacity as previously licensed pursuant to a management agreement with the existing licensee for a maximum period of 30 days beyond the sale or transfer of the licensed premises. However, the 30 days of operation under the management agreement shall be counted as the first month of sales for the purposes of calculating the alcohol license fees that are due. If a violation of this Chapter occurs during the 30 days that the business is operating under a management agreement pursuant to this section, both the prior licensee and the new applicant can be charged and held liable. Moreover, any such violation may serve as grounds for denial of the new license. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017); State Law reference— Display of license, O.C.G.A. § 3-3-3 Sec. 4-6. - Outstanding licenses; compliance assumed. All licensees holding a valid license for the manufacture, sale or provision of alcoholic beverages issued by the City at the time of the enactment of the ordinance from which this Chapter derives shall be deemed to have complied with all requirements as to application and issuance of licenses under this Chapter. The licensees shall, however, meet all other requirements as to regulation and control as set forth in this Chapter. Sec. 4-7. - Drinking in public places. It shall be unlawful for any individual to drink or consume any vinous, malt or other alcoholic beverage while on any streets, sidewalks, alleyways, parking areas or other open areas operated and controlled by the City other than in an area otherwise approved by the City or in a Special District as defined in this Chapter and subject to the limitations set forth herein. Further, it shall be unlawful for any individual to drink or consume any vinous, malt or other alcoholic beverage while in any City park except during licensed special events, or at other licensed locations within such parks. Nothing in this section shall be construed to prohibit the sale and consumption of vinous, malt or any other alcoholic beverage at any duly licensed sports club, assembly hall, special event facility, or golf course owned or operated by the City. Moreover, nothing in this section shall be construed to prevent a licensee from preparing and serving alcoholic beverages to be consumed within an approved Outdoor Dining Area as part of the operation of its business. To the extent that an approved Outdoor Dining Area is located on a portion of a City sidewalk or is separated from the interior dining portion of the licensed premises by a City sidewalk, open containers of alcoholic beverages shall only be transported into or out of such outdoor dining area by the licensees' working employees as part of their work duties. Sec. 4.8 - Alcohol consumption near retail package stores. (a) Generally. It shall be unlawful for any person to open or to consume all or any part of any type of alcoholic beverage within 100 feet of any retail store where alcoholic beverages are sold in package form or within the boundary lines of the property on which such retail store is located, whichever constitutes the greater distance. (b) Enforcement. The department of police shall be responsible for the enforcement of this section. Sec. 4.9 – Reserved. Sec. 4-10. - Furnishing to, purchasing of, or possession by persons under 21 years of age of alcoholic beverages. (a) Except as otherwise authorized by law: (1) No individual or person directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under 21 years of age; (2) No individual or person under 21 years of age shall purchase, drink, consume, or knowingly possess any alcoholic beverages; (3) No individual or person under 21 years of age shall misrepresent such person's age in any manner whatsoever for the purpose of obtaining illegally any alcoholic beverage; (4) No individual or person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 21 years of age; (5) No individual or person under 21 years of age shall misrepresent such person's identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage; or (6) No individual, person or entity shall keep or maintain a place where persons under 21 years of age are allowed and permitted to come and purchase, drink, consume or possess any alcoholic beverage. (b) The prohibitions contained in subsections (1), (2) and (4) of subsection (a) of this section shall not apply with respect to the sale, purchase or possession of alcohol beverages for consumption: (1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; or (2) At a religious ceremony. (c) The prohibitions contained in subsections (1), (2) and (4) of subsection (a) of this section shall not apply with respect to the possession of alcoholic beverages for consumption by a person under 21 years of age when the parent or guardian of the person under 21 years of age gives the alcoholic beverage to the person and when possession is in the home of the parent or guardian and such parent or guardian is present. (d) The prohibition contained in subsection (1) of subsection (a) of this section shall not apply with respect to sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the individual to whom the alcoholic beverage is sold is 21 years of age or older. For purposes of this subsection, the term "proper identification" means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under O.C.G.A. §§ 40-5-100 through 40-5-104. "Proper identification" shall not include a birth certificate. (e) If such conduct is not otherwise prohibited pursuant to O.C.G.A. § 3-3-24, nothing contained in this section shall be construed to prohibit any person under 21 years of age from: (1) Dispensing, serving, selling or handling alcoholic beverages as a part of employment in any licensed establishments as long as the employee meets the other age requirements set forth by state law and in this Chapter; (2) Being employed in any establishment in which alcoholic beverages are distilled or manufactured; or (3) Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment as long as the employee meets the other age requirements set forth by state law and in this Chapter. (f) Testimony by any person under 21 years of age, when given in an administrative or judicial proceeding against another person for violation of any provision of this section, shall not be used as an admission in any administrative or judicial proceedings brought against such testifying person under 21 years of age. (g) Nothing in this section shall be construed to modify, amend or supersede O.C.G.A. tit. 15, ch. 11 (O.C.G.A. § 15-11-1 et seq.). (h) Any person convicted of violating any prohibition contained in subsection (a) of this section shall be punished by a fine not to exceed $1,000.00 or imprisonment in the City jail for not more than 180 days or both; except that any person convicted of violating subsection (a)(2) of this section shall be punished by not more than 30 days' imprisonment or a fine of not more than $300.00 or both. Any defendant charged under this section shall be entitled upon request to have the case against such defendant transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred. Any person charged with a second or subsequent offense under this section shall be punished in the same manner as for a misdemeanor of a high and aggravated nature in the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred. (i) Whenever any person who has not been previously convicted of any offense under this section or under any other law of the United States or this or any other state relating to alcoholic beverages pleads guilty to or is found guilty of a violation of subsection (a)(2) or (a)(3) of this section, the court, without entering a judgment of guilt and with the consent of such person, may defer further proceedings and place such person on probation upon such reasonable terms and conditions as the court may require. The terms of probation shall preferably be such as require the person to undergo a comprehensive rehabilitation program, including, if necessary, medical treatment, not to exceed three years, designed to acquaint such person with the ill effects of alcohol abuse and to provide such person with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against such person. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this subsection or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this subsection may occur only once with respect to any person. (j) Unless the officer has reasonable cause to believe such person is intoxicated, a law enforcement officer may arrest by issuance of a citation a person accused of violating only subsection (a)(2) of this section. The citation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. If the person charged shall fail to appear as required, the judge having jurisdiction of the offense may issue a warrant or other order directing the apprehension of such person and commanding that such person be brought before the court to answer the charges contained within the citation and the charge of such person's failure to appear as required. Nothing in this subsection shall be construed to invalidate an otherwise valid arrest by citation of a person who is intoxicated. State Law reference— Possession, etc., of alcohol by underaged persons, O.C.G.A. § 3-3-23 Sec. 4-11. - Under-age persons on licensed premises. (a) No licensee shall permit any person under 21 years of age to be in, frequent or loiter about the licensed premises unless such person is accompanied by a parent, legal guardian or custodian; provided, however, that such person shall be permitted in eating establishments or private clubs as defined herein without being accompanied by a parent, legal guardian or custodian, and provided further, that this section shall not apply to persons who are employees under the terms of this Chapter. (b) No licensee shall allow or require a person in such person's employment under 18 years of age to dispense, serve, sell or take orders for any alcoholic beverages. (c) No licensee shall employ any person under the age of 18 years to work as an entertainer in any licensed establishment, unless such person has obtained written, notarized permission from such person's parents or legal guardian, nor shall any licensee allow any such person to work without such proof of permission . (d) In the event a licensee employs persons under 21 years of age who will or may sell or handle alcoholic beverages; all such employees shall require proper age identification from any person attempting to purchase alcoholic beverages and who is 40 years of age or less. Sec. 4-12. - Carry-out of alcoholic beverage unlawful, exception for partially consumed bottles of wine. (a) Except as otherwise provided for in this Chapter (such as in the Special District), all alcoholic beverages sold or otherwise dispensed for consumption on the licensed premises shall be consumed only on the licensed premises. It shall be unlawful for any person to remove from the licensed premises any alcoholic beverages sold for consumption on the premises, and it shall be unlawful for the licensee to permit any person to remove from the licensed premises any alcoholic beverages sold for consumption on the premises. The licensee shall be responsible for ensuring that no person removes any alcoholic beverages from the premises in any type of container. (b) Notwithstanding the foregoing and as authorized by O.C.G.A. § 3-6-4, any eating establishment in the City of Milton which is licensed to sell wine for consumption on the premises may permit a patron, who has purchased a meal and consumed a portion of a bottle of wine while on the premises, to remove one partially consumed bottle of wine per legally aged patron from the premises, if the bottle of wine has been securely resealed by the licensee, placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and has a dated receipt for the bottle of wine and meal securely attached to the outside of the bag by the licensee or its employee. If transported in a motor vehicle, the container with the resealed bottle of wine shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk. (c) It shall be unlawful for any person purchasing alcoholic beverages for consumption on the premises to leave the premises without paying for such alcoholic beverages. (d) Except as otherwise provided for in this Chapter, it shall be unlawful for customers to gather outside the establishment of a consumption on the premises licensee and consume alcoholic beverages. (e) Except as otherwise provided for in this Chapter, it shall be unlawful for the manager or any employee of a consumption on the premises licensee to allow persons to gather outside the establishment and consume alcoholic beverages. Sec. 4-13. - Brown-bagging; when BYOB is allowed. Regardless of whether or not a business holds a license to sell or serve alcoholic beverages, it is prohibited for any person to bring in his or her own alcoholic beverage into any business establishment unless such establishment holds a valid BYOB license. The following restrictions apply to BYOB licenses: (a) With the exception of situations where a patron has rented an entire section of the premises for a private function that is not open to the public, BYOB is limited to beer and wine. (b) Any wine or beer opened and not consumed at a business establishment pursuant to a BYOB license, shall be properly disposed of and not kept on the premises. (c) An establishment with a BYOB license under this Chapter may have available, either for a fee or not, glasses and openers for the patrons' use. (d) An establishment with a BYOB license under this Chapter shall be a licensed business by the City and meet all application requirements for a BYOB license and be governed by the ordinance provisions set forth in this Chapter. Further, such a business establishment so licensed shall not have any employee under the age of 18 working in the establishment. No alcohol may be brought onto the premises of a BYOB licensed establishment by a patron under 21 years of age. Moreover, no alcohol may be brought onto the premises less than one hour prior to closing. (e) All applicable state laws and City ordinances which address the use and serving of alcoholic beverages shall apply to this section, unless otherwise specifically provided hereinabove. (f) For purposes of this section, the term BYOB establishment shall not include a private hotel room or other similar guest room or a private club. Secs. 4-14—4-24. - Reserved. ARTICLE II. - LICENSING[2] Footnotes: --- (2) --- State Law reference— Local authorization and regulations for manufacture, distribution, and package sales of distilled spirits, O.C.G.A. § 3-3-40 et seq.; local licenses for sale of distilled spirits by the drink, O.C.G.A. § 3-4-110; local license requirements and regulations for manufacture, distribution, and sale of beers, O.C.G.A. § 3-5-40 et seq.; municipal licenses for the sale of beers, O.C.G.A. § 3-5-42; local licensing requirements for the sale of wine, O.C.G.A. § 3-6-40; local authorization and regulation of the sale of alcoholic beverages in private clubs, O.C.G.A. § 3-7-40 et seq. DIVISION 1. - GENERALLY Sec. 4-25. - License is a privilege. (a) Granted by Mayor and City Council. Alcoholic beverages may be sold or provided in the City under a license granted by the Mayor and City Council or their designee upon the terms and conditions provided in this Chapter. (b) Privilege. All licenses in this Chapter shall be a mere grant of privilege to carry on the business during the term of the license, subject to all the terms and conditions imposed by this Code and state law. (c) Compliance with state and federal law required. Any holder of any alcoholic beverage license issued pursuant to this Chapter is required to apply for and obtain an alcoholic beverage license from the state before any sales commence. Additionally, City licensees are required to abide by all applicable state and federal regulations and laws. (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) Sec. 4-26. – Types of licenses. (a) Off-premise Licenses. Applicants that satisfy the applicable zoning and distance requirements may apply for an Off-premise license that includes one (1) or more of the following types of retail package categories for off-premise consumption: (1) Package Beer License: Retail sale of beer in the original package. This license type would be available to the following types of qualified establishments: Brewpubs, City Food Markets, Craft Beer and/or Wine Markets, Growler Shops, Hotels, On-premise consumption licensees that would also like to sell beer by the package, and other general package establishments not specifically prohibited or specifically provided for under this ordinance. Package beer license holders may not hold a BYOB license. (2) Package Wine License: Retail sale of wine in the original package. This license type would be available to the following types of qualified establishments: City Food Markets, Craft Beer or Wine Markets, Hotels, On-premise consumption licensees that would also like to sell wine by the package, and other general package establishments not specifically prohibited or specifically provided for under this ordinance. Package wine license holders may not hold a BYOB license. (3) Package Distilled Spirits License: Retail sale of distilled spirits in the original package. This category of license shall only be available to be issued to an Off-premise distilled spirits retailer or store as defined by this Chapter. (b) On-Premise Licenses. Applicants that satisfy the applicable zoning and distance requirements may apply for a Consumption On-premise (COP) license that includes one (1) or more of the following types of retail consumption categories of On-premise licenses: (1) Beer/Wine/Liquor COP License: Retail sale of beer, wine and distilled spirits for consumption on the premises. This license type would be available to the following types of qualified establishments: Assembly Halls, Brewpubs, City Food Markets, Courtyard Markets, Eating Establishments, Events Facilities, Food Hall Cafes, For-profit and non- profit special events, Free-standing vendors, Golf courses, Hotels, Restaurants, Private clubs, Sports clubs and other establishments not prohibited under this ordinance. (2) Beer and/or Wine COP License: Retail sale of wine and beer by the drink. This license type would be available to the following types of qualified establishments: Assembly Halls, Brewpubs, City Food Markets, Courtyard Markets, Eating Establishments, Events Facilities, Food Hall Cafes, For- profit and non-profit special events, Free-standing vendors, Golf courses, Hotels, Restaurants, Private clubs, Sports clubs and other establishments not prohibited under this ordinance. (3) Limited Beer and/or Wine COP License: Provides for the limited sales and/or consumption of alcoholic beverages on the premises as governed by the corresponding specific sections of this Chapter. These licenses include Ancillary licenses; BYOB licenses, Incidental licenses, Limited Tap Licenses and any other limited service licenses that may be adopted by the Mayor and City Council. (c) Hybrid and Other Licenses/Permits. Applicants that satisfy the applicable zoning and distance requirements may apply for the following other licenses: (1) Sunday Sales License: This is a separate alcoholic beverage license required for the Sunday sale of alcoholic beverages for consumption on the premises or by the package for off-premises consumption (to the extent allowed by state law). Farm wineries, distillers, and brewers are not required to obtain a separate Sunday Sales License in order to provide alcohol on Sundays as long as they are operating in compliance with state law regarding the sale of alcoholic beverages. (2) Alcoholic Beverage Catering License: This is a license that allows an on- premise consumption retailer who is also qualified under state law to deliver and serve alcohol at special events, private functions and other establishments. This license does not abrogate the need for a Special Events alcoholic beverage license if otherwise required by this Chapter. (3) Craft Beer and/or Wine Market: This is a hybrid license that allows an establishment that satisfies the definition and requirements of a Craft Beer and/or Wine Market to sell beer and/or wine both by the drink for consumption on the premises as well as by the package for consumption off the premises. (4) Farm Winery License: This is a hybrid license that allows an establishment that satisfies the definition and requirements of a Georgia Farm Winery to sell its own wine as well as that of other Georgia farm wineries both by the drink for consumption on the premises as well as by the package for consumption off the premises. (5) Specialty Shop License: This license is an off-premise retail package license that allows for the sale of beer and/or wine by the package for consumption off the premises. This license is available at a reduced rate due to the incidental nature of alcohol sales for this type of business. (6) Manufacturer’s License: This license applies to breweries, distilleries, microbreweries and micro-distilleries. (7) Grand Opening/Annual Promotion Permit: Any establishment licensed to do business in the City of Milton and meeting all other location and service requirements to be open to the public and serve alcoholic beverages for consumption on the premises, may apply for a Grand Opening/Annual Promotion Permit. Such permit allows the holder to provide beer and wine for consumption on the premises of its business establishment for a single four (4) hour period in any given year for the purpose of celebrating their business whether that be a grand opening, anniversary, or other special event. The establishment must abide by all other laws of this Chapter including prohibitions against providing alcohol to minors and intoxicated patrons. Moreover, the establishment may not receive money or donations for the alcohol served in accordance with such a permit. (8) Temporary Alcoholic Beverage License: This license is issued for a limited duration to an applicant whose application appears on its face to meet all of the requirements of this Chapter and the zoning ordinance. This license may be suspended or revoked if it is determined that the application or the applicant does not meet the City’s requirements to hold an alcohol license. (9) Special Event Alcohol License: a) For currently licensed consumption-on-premises establishments. A special event pouring permit may be issued to any establishment duly licensed by the city to sell alcoholic beverages for consumption on the premises to allow such establishment to sell alcoholic beverages for consumption within the fixed boundaries of the physical area where a special event is held; provided the term of such permit shall not exceed ten days in any one year for an approved special event, unless special application is made to the City Manager for additional days. The licensee must submit an application and pay the non-refundable fee that may be required from time to time by ordinance and, in relation to the special event pouring permit, shall be required to comply with all of the general ordinances and the licensing and regulations associated with its consumption- on-premises license with the exception of the full service kitchen requirement. Notwithstanding any other term or prohibition in this article, the holder of the special event pouring permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages: (1) The event must have been permitted as an approved special event, as described in section 64-1596 prior to the issuance of a special event pouring permit. (2) The special event must receive approval from the city police department on crowd control and security measures. (3) The special event must receive approval from the city public works department on traffic control measures. b) For non-profit civic organizations. A special event pouring permit may be issued to any bona fide non-profit organization for a period not to exceed ten days in any one year for an approved special event. The person must submit an application and pay the nonrefundable fee that may be required from time to time by ordinance and shall be required to comply with all of the general ordinances and the licensing and regulations for a consumption on the premises establishment with the exception of the full-service kitchen requirement. Notwithstanding any other term or prohibition in this article, the holder of a special event pouring permit may be authorized, upon terms and conditions identified by the city manager, to pour alcohol at the special event and allow open container consumption within the fixed boundaries of the physical area where the special event is to be held. In the event that open container consumption is so authorized within the fixed boundaries of the physical area where the special event is to be held, any other holder of an on- premises consumption license whose licensed premises is located entirely within the fixed boundary of the special event site shall likewise be authorized to allow open container alcohol consumption within the special event boundary. This open container consumption accommodation shall only be authorized, if at all, during the term of the special event. Any employee or volunteer of the special event licensee, working the special event in any position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be required to obtain a pouring permit for the special event. The special event must meet the following criteria prior to the issuance of a license to sell alcoholic beverages: (1) The event must have been permitted as an approved special event, as described in section 64-1596, prior to the issuance of a special event permit. (2) The special event must receive approval from the city police department on crowd control and security measures. (3) The special event must receive approval from the city public works department on traffic control measures. (4) The special event must be associated with and benefit the cause of a charitable or civic organization. c) Not to be issued for BYOB. BYOB is not allowed at any special event as defined in this chapter. d) Police chief's authority to revoke. The police chief or his or her designee may immediately revoke any temporary license for a special event if it is determined continued alcohol sales may endanger the health, welfare or safety of the public. e) Indemnification required. As a condition on the issuance of a special event pouring permit, the licensee shall indemnify and hold the city harmless from claims, demand or cause of action which may arise from activities associated with the special event. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) (Modeled after 4-168); State Law reference— Dealing in beers at wholesale and retail prohibited without a license from local governing authority, O.C.G.A. § 3-5-40; Definitions, O.C.G.A. § 3-5-1 Sec. 4-27. - Separate application and license for each license type. A separate license fee is required for each license category enumerated in this Code of Ordinances. The City of Milton may allow an applicant to utilize the same form for multiple alcoholic beverage license types at the same establishment or may require a separate application for the different license types. Under either circumstance; the City Manager, Mayor and City Council will act upon each application separately. Pursuant to Ga. Comp. Rules and Regs. 560-2-3-.15, no establishment licensed to sell beer, wine, and/or distilled spirits for consumption on the premises shall hold any license to sell distilled spirits by the package for the same location. However, On- premise consumption retailers may, subject to the provisions of this Chapter, also obtain a wine and/or beer package license provided that all additional requirements are met and additional fees paid. (Ord. No. 16-01-267 , § 2, 1-4-2016; Ord. No. 17-05-316 , § 1, 5-15-2017) (Modeled after 4-54) Secs. 4-28—4-46. - Reserved. DIVISION 2. – QUALIFICATIONS AND APPLICATION Sec. 4-47. Locations where permitted/prohibited. (a) No alcoholic beverages or consumables may be kept, possessed, stored, sold, provided, consumed, or allowed on the premises of an establishment licensed to conduct business in the City of Milton except at establishments holding an alcoholic beverage license as provided for in this Chapter. Moreover, no person, entity or organization may provide alcoholic beverages to the general public, whether for sale or otherwise, without first obtaining an alcoholic beverage license under this Chapter. (b) No license for alcoholic beverages shall be issued within the City of Milton for any establishment or location at which patrons are handling deadly weapons, including but not limited to, guns, knives, axes, and arrows as a part of the business or event for which a permit is sought. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 Sec. 4-48. - Architectural and zoning standards. (a) All applicants for licenses for premises that have not previously been in use for the same purpose as applied for shall comply with all City ordinance requirements regarding architectural and zoning standards. Failure to comply with said standards will subject the license to suspension or revocation. The City shall not be held responsible for licenses issued to persons, businesses or organizations that do not meet said standards and any fees paid by the licensee will be forfeited. (b) No licensee for the sale of alcoholic beverages by the package shall operate under such license unless the front entrance to the licensed premises is clearly visible from the public street; provided, however, that this restriction shall not apply where the licensee is a hotel, motel, private club, farm winery, distillery, brewery, micro- brewery, micro-distillery, or On-premise retailer. Clearly visible shall mean that not less than 60 percent of the front area shall be glass. Front area shall mean the width of the premises from the ceiling to the floor. Private clubs which have been granted licenses under this Chapter to sell spirituous liquors at retail shall not have an outside or street entrance for such retail outlet to sell to the general public, nor shall any such establishments make any sales to any member of the general public who is not a member of the private club. Sec. 4-49. - Distance requirement. (a) Distance requirements for the sale of alcoholic beverages, and the manner in which distances shall be measured, shall be governed by state law. (b) Preexisting establishments. No location which is licensed to sell alcoholic beverages on the effective date of the ordinance from which this section is derived shall be denied continued operation under an existing license. (c) New church or schools or other restricted use. As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any alcoholic beverage license, the subsequent opening and operation of a church or school or other restricted use facility within the distance prohibited in this section shall not prevent the continuance of an existing license or the issuance of a new license to any subsequent owner of such property. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017). State Law reference O.C.G.A 3-3-21. Sec. 4-50. - License prohibited for package sales in connection with designated establishments. No retail license for the sale of distilled spirits by the package shall be allowed in or in connection with any business holding a license for any type of on-premise consumption. Sec. 4-51. - Applicants. (a) No license issued pursuant to this Chapter for alcoholic beverages shall be granted to any person who is not: (1) At least 21 years of age; and (2) A United States citizen, legal permanent resident of the United States; or A qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. (b) If the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers and majority stockholders. Issuance of the license shall be as follows: (1) In the case of a corporation, the license shall be issued jointly to the corporation and the majority stockholder, if an individual. If the majority stockholder is not an individual, the license shall be issued jointly to the corporation and its designated applicant or Licensee Agent under the provisions of this Chapter. (2) In the case of a partnership, the license will be issued to the partnership and all the partners owning at least 20 percent of the partnership; or if no partner owns 20 percent of the partnership, then the general partner, managing partner or the partner with the greatest ownership will be licensed. (c) No person shall be granted any alcoholic beverage license unless it shall appear to the satisfaction of the City Manager that neither such individual nor any person with 20% or more ownership in the entity, nor any officer or director of the corporation shall have been convicted of, plead guilty or entered a plea of nolo contendere, or been released from parole or probation within a period of ten years immediately prior to the filing of such application, for: (1) Any felony; (2) Two or more convictions of driving under the influence; (3) Two or more convictions of possession, consumption, or attempt to purchase alcohol by an underage person; (4) One or more under 21 DUIs; (5) Any conviction relating to the sale or furnishing of alcoholic beverages to an underage person; (6) Any conviction relating to the unlawful possession, use or manufacturing of an authentic or fraudulent driver's license or ID; (7) Any crime of moral turpitude; or (8) Any sex related crime. An applicant may establish the required lack of criminal history listed by providing an official Federal Clearance Letter from the Federal Court of the individual’s state of residence or a Criminal History Report from a Police Department, Sheriff’s Department or the official state crime investigation center in the individual’s state of residence. The City Manager may also require a Criminal History Consent Form and/or an Affidavit of Criminal History to be completed and submitted by any such individual. (d) It shall be unlawful for any City employee directly involved in the issuance of alcoholic beverage licenses under this Chapter to have any whole, partial or beneficial interest in any license to sell alcoholic beverages in the City. (e) No license issued pursuant to this Chapter for alcoholic beverages shall be granted to any person who has had any license issued under the police powers of any jurisdiction within the state previously revoked within two years prior to the filing of the application. (f) The City Manager or City Council may decline to issue a license when any person having any ownership interest in the operation of such place of business or control over such place of business does not meet the same character requirements as set forth in this section for the licensee. (g) All applicants for any alcoholic beverage license must be of good moral character, and all operators, managers, clerks, or other employees shall be of like character. Corporate or business applicants shall be of good business reputation. (h) A license application may be denied to any applicant for any alcoholic beverage license where it appears that the applicant would not have adequate financial participation in the proposed business to direct and manage its affairs, where the applicant or the Licensee Agent does not have sufficient control over the operations of the business to assure compliance with the provisions of this Chapter, or where it appears that the application is intended to be a mere surrogate for a person who would not otherwise qualify for a license for any reason whatsoever. (Previously Section 4-73) Sec. 4-52. - Effect of prior criminal history; exceptions. (a) An applicant or Licensee Agent's first-time conviction for illegal possession of alcohol as a misdemeanor or violation of a City ordinance shall not, by itself, make an applicant/Licensee Agentineligible for an alcoholic beverage license. (b) For purposes of this Chapter, a conviction or plea of guilty or nolo contendere shall be ignored as to any offense for which a defendant was allowed to avail themselves of the state first offender provisions, O.C.G.A. § 42-8-60 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17- 05-316 , § 1, 5-15-2017) (Modeled after 4-74) Sec. 4-53. –Licensee and employees to be familiar with terms. Each alcoholic beverage dealer licensed under this Chapter shall keep a copy of this Chapter in the licensed premises and shall instruct any person working there with respect to the relevant terms of this Chapter; and each licensee, the licensee's agents and employees selling alcoholic beverages shall at all times be familiar with the relevant terms of this Chapter. (Ord. No. 15-03-236, §1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) (modeled from 4-128) Sec. 4-54. - Joint responsibility. Each partnership, corporation or entity shall be jointly responsible for the actions of its named licensee and the conduct of the licensed business. Sec. 4-55. - Application; investigation consent. (a) City form. All persons desiring to sell alcoholic beverages or obtain a BYOB license or any other license provided for in this Chapter shall make an application on the form prescribed by the City Manager, or his or her designee. (b) Contents. The application shall include, but not be limited to: (1) The name and address of the applicant/Licensee Agent; (2) The proposed business to be carried on and type of license desired; (3) If a partnership, the names and residence address of the partners; (4) If a corporation, the names of the officers; (5) The names and address of the registered agent for the service of the process; (6) The name of the manager; (7) The name of all shareholders holding more than 20 percent of any class of corporate stock, or any other entity having a financial interest in each entity which is to own or operate the establishment for which a license is sought; and evidence of compliance with any prior notice requirements, including but not limited to O.C.G.A. § 3-4-27 where applicable. (c) Financial information. All applicants shall furnish such financial and other information and records as may be required by the City Manager to ensure compliance with the provisions of this Chapter. Failure to furnish the information and records pursuant to such request shall automatically serve to dismiss the application with prejudice. (d) Agreements. All agreements between and among any persons or stockholders of corporations or partners of partnerships applying for a license to sell or dispense any alcoholic beverages and which agreements reflect or control ownership, division of profits, sharing of revenues of any kind, including payment of rents, or which agreements reflect any other arrangements in connection with ownership, rents, profit sharing or income application of use shall be in writing, and copies of all these agreements shall upon request be furnished to the City Manager. (e) Survey. Except for businesses that meet the definition of an eating establishment, unless waived by the City Manager out of recognition of the absence of any school, church, or other restricted facility in proximity to the outlet, the application shall have attached a survey (dated no more than 180 days prior to submission of the application to the City), certified by a registered surveyor of this state, showing a scaled drawing of the premises, the location on the premises where the applicant desires to operate an alcoholic beverage establishment, and the distance in linear feet measured pursuant to this Chapter to the nearest church building, school building, educational building, school grounds or college grounds or college campus building. If the applicant is a new owner of an establishment at a location where the sale of alcoholic beverages was lawful at any time during the 12 months immediately preceding such application, a survey is not required. (f) Notary. All applications shall be sworn to by the applicant/Licensee Agentbefore a notary public or other officer empowered by law to administer oaths. (g) Consent. Each applicant and Licensee Agent authorizes the City and its agents to secure from any court, law enforcement agency, or other public agency his criminal and civil history and to use such information in determining whether the license applied for shall be issued. Each applicant further authorizes the City and its agents to use such information in any public hearing with respect to the license applied for, either before or after the issuance of the license. Each applicant waives any right that he or she would otherwise have to preclude the City or its agents from obtaining and using such information, and each applicant and Licensee Agent further waives any liability of the City or its agents for obtaining and using such information. (h) License fees. The application shall be accompanied by the prerequisite application and license fee as established by the Mayor and City Council. Except for applications for special event alcohol licenses, all licenses granted under this Chapter shall be for the months remaining in the calendar year after application is made. License fees for new licenses granted shall be prorated based on the number of months remaining in the calendar year; a partial month shall be counted as a full month. (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316, § 1, 5-15-2017) (Modeled from 4-47 Sec. 4-56. - Separate application and license for each location of sale. Separate applications must be made for each location and separate licenses must be issued. Locations will be deemed separate if they have different addresses or different entrances with separate trade names. (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316, § 1, 5-15-2017) (Modeled after 4-48) Sec. 4-57. - Registered agent required. All licensed establishments must have and continuously maintain in Fulton County, Georgia, a registered agent upon whom any process, notice or demand required or permitted by law or under this Chapter to be served upon the licensee or owner may be served. This person must be a resident of the county. The licensee shall file the name of such agent, along with the written consent of such individual to serve as the registered agent for the licensee, with the City Manager on such form as her or she may prescribe. (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) (Modeled after 4-96) Sec. 4-58. - Processing fees. Each application or renewal for an alcohol license or licenses under this Chapter shall be accompanied by a non-refundable processing fees in amounts to be determined by Mayor and City Council to defray investigative and administrative costs. Processing fees shall be paid at the time the application is filed. Any person applying for more than one license on a given application, to the extent that such is authorized by the City Manager, shall pay only one set of processing fees. (Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) (Modeled after 4-49) Sec. 4-59. - False information in applications. Any material omission, untrue or misleading information contained in or left out of an original, renewal or transfer application for a license under this Chapter shall be cause for the denial thereof; and if any license has previously been granted, these circumstances shall constitute cause for revocation. State Law reference— False swearing, O.C.G.A. § 16-10-71. Sec. 4-60. - Withdrawal by applicant; refunds. (a) Any license application made pursuant to this Chapter may be withdrawn by the applicant at any time. (b) If the application is withdrawn before the license is issued, any sums deposited as license fees will be refunded (without interest) less applicable processing fees for completed tasks. After issuance of the license, no refund will be made. No refunds shall be made under any circumstances for investigative and administrative expenses required in this Chapter. (c) No permanent license shall be issued for less than a calendar year, and if a license is revoked or surrendered before the expiration of a calendar year, the holder thereof shall not be entitled to receive any refund. (d) Notwithstanding the foregoing provisions, the Mayor and City Council may approve a partial refund of the license fee paid to the City if the licensed business cannot continue to be operated due to any action taken by the City of Milton beyond the licensee's control (not including a suspension, revocation or other disciplinary action). If a refund is approved by the City Council, the refund shall be calculated as follows: (1) Three-fourths of the license fee if the licensee goes out of business during the first quarter of the calendar year. (2) One-half of the license fee if the licensee goes out of business during the second quarter of the calendar year. (3) One-fourth of the license fee if the licensee goes out of business during the third quarter of the calendar year. (4) No refund if the licensee goes out of business during the fourth quarter of the calendar year. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) (Modeled after 4-50) Sec. 4-61. - Procedure for consideration of applications. (a) Each application for an alcoholic beverage license shall be referred to the Chief of Police or his or her designee for a thorough investigation. The Chief of Police or his or her designee shall report the findings to the City Manager. Such finding shall include a recommendation as to the qualifications of the applicant and Licensee Agent (b) The City Manager shall further have the responsibility and authority to request additional information as may be determined to be necessary in order for the City Manager to accept the application as complete prior to its approval or denial pursuant to this Chapter. (c) Subject to the conditions set forth in this Chapter, a temporary alcoholic beverage license may be issued by the City Manager as set forth later in this Chapter. (d) With the exception of temporary licenses or special event alcohol licenses, no application for an original license shall be granted until a public hearing has been held thereon before the Mayor and City Council. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) (modeled after 4-51) Editor's note— Ord. No. 18-06-360 , § 1, adopted June 4, 2018, repealed former § 4- 52 which pertained to notice requirements, and derived from Ord. No. 15-03-236 , § 1, adopted March 16, 2015; and Ord. No. 17-05-316 , § 1, adopted May 15, 2017. Sec. 4-62. - Approval or denial. (a) Approval or denial. The City Manager, Mayor or City Council may deny any application that is incomplete or does not meet the minimum requirements provided in this Chapter or where the applicant, location or application would not qualify under State law or the Georgia Department of Revenue Regulations. If the application is not denied by the City Manager, it will be submitted to the Mayor and City Council for approval or denial. (b) Notice required. The City Manager shall provide written notice to any applicant whose application is denied under the provisions of this Chapter. Such written notification shall set forth in reasonable detail the reasons for such denial and shall advise the applicant of the right to appeal under the provisions of this Chapter. (c) Appeal. Any decision by the City Council denying an application shall be final unless the applicant applies to the Superior Court of Fulton County by filing a petition for writ of certiorari within 30 days of the decision rendered by the City Council. (d) Reapplication permitted after one year. In all instances in which an application is denied under the provisions of this Chapter the applicant may not reapply for a license for at least one year from the final date of such denial. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) (modeled after 4-53) Sec. 4-63. –City Manager permitted discretion concerning qualifications. (a) The City Manager and City Council, in their discretion, may consider any extenuating circumstances which may reflect favorably or unfavorably on the applicant, Licensee Agent, the application, or the proposed location of the business. (b) If, after reviewing the evidence and providing an opportunity for the applicant to be heard, the circumstances are such that granting of the license would be contrary to the general public's best interest, such circumstances may be grounds for denying the application. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) (modeled after 4-75) Sec. 4-64. - Completion of proposed licensed premises If a building in which a retailer of alcoholic beverages intends to operate under this Article is, at the time of the application for a license, not in existence or not yet completed, a license may be issued for the location, provided the plans for the proposed building show clearly a compliance with the other sections of this Article. No sales or consumption shall be allowed in the establishment until it has been completed in accordance with the plans and is in conformity with all the other sections of this Article. Secs. 4-65—4-74. - Reserved. DIVISION 3. - RENEWAL, REVOCATION, TRANSFER, FORFEITURE AND TEMPORARY LICENSES Sec. 4-75. - Expiration; renewal. (a) All licenses granted under this Chapter shall expire on December 31 each year. Licensees shall be required to file a renewal application with the requisite fee with the City Manager on the form provided for a new or renewal license for the ensuing year. (b) The Applicant for renewal shall be required to comply with all rules and regulations for the granting of licenses each year, including the submittal of the required forms, reports or other requested data establishing compliance with criminal history requirements of this Chapter.. (c) Alcoholic beverage license renewal applications and payments are due on or before November 15 of each year. Renewal applications and payments received between November 16 and December 15 are subject to a ten-percent late fee. (d) Businesses failing to renew their alcoholic beverage licenses on or before December 15 must reapply for an alcoholic beverage license in which the application will be treated as if no previous license had been held, including the need to review the investigative, zoning, and distance requirements. Under this situation, the Applicant shall pay the ten-percent penalty along with other fees associated with a new application. The City of Milton will not be responsible for the consequences of delays in the issuance of any license under this Chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (Modeled after 4-101 State Law reference—license fees on sale of malt beverages, O.C.G.A. §§ 3-5-41, 3-5- 43; maximum annual license fee for distilled spirits, O.C.G.A. § 3-4-48. Sec. 4-76. - Automatic forfeiture of license for nonuse. (a) All holders of licenses under this Chapter must within six months after the issuance of said license, open for business the establishment referred to in the license. Failure to open the licensed establishment within six months after the issuance of such license shall serve as cause for the revocation of such license, and no refund of license fees shall be made to the license holder. A three-month extension to the original six-month period may be granted by the City Manager if requested within the said six-month period. (b) Any holder of any license under this Chapter who shall for a period of three consecutive months after the license has been issued cease to operate the business and sale or service of the products authorized shall, after the three- month period, automatically forfeit the license without the necessity of any further action. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (modeled after 4-102) Sec. 4-77. – Reporting of food sales required. (a) Each holder of any alcoholic beverage license for which minimum food sales requirements apply, shall maintain on the premises and available for inspection at any time during business hours, records that document the establishment’s sales in even dollars and as a percent of the total. These numbers shall include, gross food sales in even dollars and as a percent of the total, gross alcoholic beverage sales in even dollars and as a percent of the total, the amount of tax at the percent required under this division, and any other information reasonably related to the operation of the business required by the City of Milton. A report reflecting the same shall also be provided to the City Manager upon request and in no event more than 20 days after such request. (b) Failure to provide any and all of the information required by this section may result in penalties specified in this Chapter, including but not limited to, penalties and interest on the amount of tax due and payable, suspension or revocation of the license, or fines imposed by the Mayor or his designee. Sec. 4-78. – Audits. (a) If the City Manager deems it necessary to conduct an audit of the records and books of the licensee, he or she shall notify the licensee of the date, time and place of the audit. The City Manager may designate the City's internal auditor or other designated person to perform any audit authorized in this Code. The licensee shall cooperate with the audit or forfeit any license issued under this Chapter. (b) All establishments licensed under this Chapter must maintain the following records for three years and make them available for audit at the licensed premises: (1) Monthly income or operating statements. (2) Daily sales receipts showing liquor, beer, wine and food sales separately (this requirement does not apply to package beer and wine licensees). (3) Daily cash register receipts such as Z Tapes or guest tickets. (4) Monthly state sales and use tax reports. (5) Federal income tax return with all Form 1099s. (6) Any and all records utilized in calculating excise taxes as set forth in Article 4 of this Chapter. (c) The City Manager can waive all or some of the requirements of subsection (b) of this section if the City Manager finds that no such records exist and it is not financially practical based on the net income of the licensed establishment to require them to keep such records. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) (Modeled after 4-100) Sec. 4-79. - Notice of change in management required. If the manager of the licensed premises changes, the licensee must furnish the City Treasurer's office with the name and address of the new manager and other information as may be required by the City Council within ten days of such change. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (Modeled after 4-98) Sec. 4-80. - Transferability of license. No alcoholic beverage license shall be transferable, except as otherwise provided in this section. (a) In case of the death of a licensee, the establishment shall be allowed to continue to sell or serve alcoholic beverages, or otherwise continue to operate with a BYOB license, in accordance with this Chapter, for a period of 45 days from the date of death, or until the expiration of the license, or until approval of a new licensee, whichever shall first occur; provided that no sale or consumption of alcoholic beverages on the premises shall be allowed until such time as a personal representative of the estate, appointed by a probate court of competent jurisdiction, shall make an application for authorization with the City Manager. (b) If a license is surrendered or a licensee severs his or her association with a licensed establishment but there is no change in ownership, the establishment may continue to sell or serve alcoholic beverages, or otherwise continue to operate with a BYOB or other license issued under this Chapter, in accordance with this Chapter, for a period of 45 days from the date of surrender, or from the date determined by the City Manager to be the date of severance; provided that no such establishment may sell or serve alcoholic beverages or otherwise operate pursuant to any license under this Chapter until such time as a new application for a license is made. The application shall indicate that no change of ownership has occurred, except as allowed for in this section. Upon issuance of a new license, the authorization related to alcoholic beverages under the previous license shall be revoked by operation of law. No additional license fees shall be required during the period for which the original license was issued. (c) Nothing in this section, however, shall prohibit one or more of the partners, members or shareholders holding a license from withdrawing from the partnership, corporation or entity in favor of one or more of the partners, members or shareholders who held an ownership interest at the time of the issuance of the license. This section shall not prohibit transfer of stock between persons who held stock in the corporation at the time of issuance of the license nor shall it prohibit transfers of stock which do not result in any person increasing his or her stock holdings to a total of ten percent or more of any class of stock. (d) Except as provided in subsections (a) through (c) of this section, any change in the ownership of any entity owning a licensed establishment shall cancel and revoke any license pursuant to this Chapter automatically, without the necessity of any hearing. (e) Should a licensee wish to change its location, but continue to operate the same business, said licensee may make application to the City Manager for a transfer of location. Should such a transfer of a location be approved, with no change of ownership of the business, the license fee paid for the previous license shall be applied to the new location. Each applicant for a transfer of location shall pay a transfer fee as set forth from time to time by City Council resolution. (f) Violation of this section may result in the revocation of the license being used and a fine on the new ownership and the old ownership as provided in this Chapter. (g) No license will be issued to the old or the new owner in the City for one year from the date of the violation of this section. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) (modeled after 4-99) 4-81. - Temporary licenses. (a) Authority. The City Manager is hereby authorized to issue temporary licenses for the sale of alcoholic beverages, either beer, wine and/or distilled spirits, subject to the conditions set forth in this section. (b) Not to exceed 90 days; requirements. Temporary licenses may be issued for such period as may be determined by the City Manager, not to exceed 90 days. No such license shall be issued unless: (1) An application for a permanent license is filed with the City Manager and payment in full of the fee thereof has been deposited with the City. (2) The City Manager is satisfied that the location for the proposed license substantially complies with the provisions of this section authorizing such license in the City. (3) The denial of a temporary license would create undue hardship upon the applicant, such as the closing of an existing business or delaying of the opening of a new business. (4) There is an agreement by the applicant that the temporary license may be revoked, with or without cause, by the City Manager at any time. (c) Fee. The fee for issuance of a temporary license under this section shall be established from time to time by the City Council. (d) Extension of temporary license. The City Manager is authorized to extend the period of the temporary license up to an additional sixty (60) days and charge an additional temporary license fee therewith if, at least three business days prior to the expiration of the temporary license, or any extension thereof, the applicant requests, and explains why, an extension is needed and the City Manager finds the factual circumstances surrounding the request to support the granting of an extension. Should an applicant have reason to seek an extension beyond the first additional sixty (60) days and if the City Manager finds the factual circumstances surrounding the additional extension request to support the granting, then the City Manager shall present the request to City Council at the next regular session of City Council. (e) No bearing on decision for permanent license. The grant or denial of a temporary license under the provisions of this section shall not affect or have any bearing upon the grant or denial of a permanent license. The City of Milton shall not be liable to the applicant if, for any reason, a permanent license is not issued either prior to the expiration of the temporary license or not issued at all. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (Modeled after 4 -167) Secs. 4-82—4-94. - Reserved. ARTICLE III. - ENFORCEMENT Sec. 4-95. - Display of license at place of business required. The City alcoholic beverage license shall at all times be kept plainly exposed to view to the public at the licensed premises. (Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017)(was 4-97) Sec. 4-96. - Inspection of licensed establishment by Police Department. (a) Sworn officers of the Police Department shall have the authority to inspect establishments licensed under the City's alcoholic beverages ordinance during the hours in which the premises are open for business. These inspections shall be made for the purpose of verifying compliance with the requirements of this Chapter and state law. (b) This section is not intended to limit the authority of any other City officer to conduct inspections authorized by other provisions of this Chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017)(Was 4-126) Sec. 4-97. - Emergency suspension of sales. The City Manager and Chief of Police are each authorized to suspend the sale of alcoholic beverages under any license for any emergency situation when it deems such suspension necessary for the protection of the public health, safety or welfare. Such suspension may be made effective immediately and shall remain in force until the City Manager or Chief of Police determine the emergency is over or until the next meeting of the City Council, at which time the Mayor and City Council shall decide whether the suspension shall cease or be extended. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) (Was 4- 127) Sec. 4-98. – Violations of this Chapter - suspension or revocation of license and other penalties. (a) The City Council shall be authorized to suspend or revoke an alcoholic beverage license or impose other penalties upon the licensee under the conditions set forth in this section. However, no revocation, suspension or other penalty shall be imposed without first providing a licensee the notice, hearing and appeal rights as more specifically provided for in this Chapter. No alcoholic beverage license having been issued shall be suspended or revoked except for due cause. (b) Sufficient grounds or due cause for the suspension or revocation of a license or the imposition of other penalties include, but are not limited to, the following: 1) The violation of any laws or ordinances regulating the business; 2) The violation of any local, state or federal law; 3) Any reason which would authorize the City to refuse the issuance of a license; 4) A licensee has failed to open for business within six months after approval of the license; however, prior to the expiration of such period, the City Manager may extend the time in which a licensee is required to open for business by up to three months, upon the timely receipt of a written request from a licensee for such an extension; 5) After opening, a licensee has ceased to operate the business for a period of three consecutive months; 6) A licensee's state license or permit for the sale of alcoholic beverages has been suspended or revoked; 7) A licensee or such licensee’s employees or agent, has allowed patrons to bring their own alcohol to the premises during a period of suspension; 8) A licensee gave fraudulent or untruthful information in the original application or renewal process for an alcoholic beverage license; 9) A licensee has failed to pay any fee, license fee, fine or other amount of money due to the City under this Chapter or any other licensing ordinance of the City or has failed to maintain any and all of the general qualifications applicable to the initial issuance of a license as set forth in this Chapter; 10) A licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known to be under the age of 21 years; 11) A licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known to be in a state of intoxication; 12) A licensee has violated any other law, ordinance or regulation governing the operation of establishment license to sell alcoholic beverages or which is reasonably related to the operation of such establishments; 13) A licensee, or such licensee's employee or agent, has violated any other provision of this alcoholic beverage Chapter; 14) A licensee, or such licensee's employee or agent, has been convicted or plead guilty or nolo contendere to a crime involving: i. Any felony; ii. Two or more convictions of driving under the influence; iii. Two or more convictions of possession, consumption, or attempt to purchase alcohol by an underage person; iv. One or more under 21 DUIs; v. Any conviction relating to the sale or furnishing of alcoholic beverages to an underage person; vi. Any conviction relating to the unlawful possession, use or manufacturing of an authentic or fraudulent driver's license or ID; vii. A crime of moral turpitude; or viii. Any sex related crime. (c) Prior to suspending or revoking a license, the City Manager shall give at least ten days' prior written notice to the licensee of the time, place, and purpose of the hearing, and a statement of the charges upon which the hearing before the City Council shall be held in accordance with this section. Service of such notice shall be by personal service on the registered agent by a City police officer or code enforcement officer. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. Nothing in this section shall be deemed to require suspension or revocation of a license and each violation should be considered on a case by case basis. (Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 was 4-122 Sec. 4-99. – Penalties Under Chapter. (a) If a licensee is found to have violated any provision of this Chapter, other than sale to an underage individual, the City shall subject the licensee to the following progressive actions by the City Council: (1) The first violation in a 12-month period shall result in a mandatory hearing before the City Council and a warning or a license suspension for a period of up to 30 days. (2) The second violation within a consecutive 12-month period shall result in a mandatory hearing before the City Council and a license suspension for a period of up to 60 days. (3) The third violation within a consecutive 12-month period shall cause the revocation of the license and result in a mandatory hearing before the City Council and the inability of the licensee to obtain a license from the City for a term of three years from the date of revocation. (b) If a licensee or employee of such licensee is convicted for the violation of O.C.G.A. § 3-3-23 or the section of this Chapter relating to the sale or service of alcoholic beverages to any person under 21 years of age, the following penalties shall apply. For purposes of this paragraph, a plea of nolo contendere or the forfeiture of bond shall constitute a conviction. (1) The first offense shall result in a mandatory hearing before the City Council, a license suspension for a period of up to 30 days and a minimum fine in magistrate court of $500.00. (2) The second offense within a consecutive 24-month period shall result in a mandatory hearing before the City Council, a license suspension for a minimum period between seven and 60 days, and a minimum fine in magistrate court of $750.00. (3) The third offense within a consecutive 24-month period shall result in a mandatory hearing before the City Council, revocation of the license absent a showing of mitigating circumstances deemed sufficient in the discretion of the City Council to allow retention of the license, and a minimum fine in magistrate court of $1,000.00. (c) For any license suspension of less than 30 days, the licensee will not be required to remove alcoholic beverages from the premises, but shall be required to secure with lock and chain all refrigeration units containing alcoholic beverages, and remove non-refrigerated alcoholic beverages to an on-premises locked storage area out of view of the public. (d) Nothing contained in this Chapter shall be construed to preclude City Council from suspending or revoking an alcoholic beverage license or pouring permit for a period exceeding those periods as described in this section if the City Council determines in their discretion that such action is necessary and in the best interest of the public health, safety and welfare of the City. (e) In addition to the available actions to be taken by the City Council, individuals who violate this Chapter shall be subject to criminal citation and prosecution by the City. Each violation of this Chapter shall constitute a separate offense subject to a separate citation and penalties. The criminal penalties may result in a fine not to exceed $1,000.00, imprisonment not to exceed 60 days, or both. (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) (Was 4- 123) Sec. 4-100. - Mitigating factors. The penalties for the licensee may be mitigated by the City Council upon presentation of evidence that the licensee established practices and procedures to prevent the violation from occurring. Such mitigating factors may include: (1) Attendance at a Responsible Alcohol Sales and Service (RASS) workshop by the licensee and/or managers; (2) Implementation and components of written policies; (3) That employees have or do not have alcoholic beverage pouring permits; (4) Whether the licensee conducts its own "secret shopper" or internal "sting" operations and the results therefrom; (5) Implementation and components of an employee training program; (6) Length of time in business; (7) Whether the ID was requested; (8) The degree to which the licensee has other procedures in place to monitor its servers for compliance with the Chapter; (9) Whether the licensee enforces a zero-tolerance policy in which employees are terminated for any violation of this Chapter; and (10) Other evidence demonstrating the licensee's efforts to comply with the ordinance and prevention of underage drinking in the licensed establishment and the community at large. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) (Was 4- 125) Secs. 4-101—4-104. - Reserved. ARTICLE IV. – EXCISE TAXES DIVISION 1. – GENERALLY Sec. 4-105. - Levied; amount; payment; duties of dealers and wholesalers; unlawful sales and deliveries; bonds; penalties. (a) Scope of section. In addition to all other taxes or license fees imposed upon retail dealers engaged in the City in the business of selling spirituous liquors, beers and naturally fermented wines, as defined under the laws of the state, there is imposed and levied upon all dealers described in this section within the City limits an excise tax, to be computed and collected as set forth in this Article. (b) Amount of tax. The excise taxes on spirituous liquors, beers and fermented wine is set forth below and may be modified by the Mayor and City Council with such modifications set forth in a schedule of excise taxes on file in the City Manager’s office and the Finance Department. (c) Computation, payment, duties of wholesale dealer or distributor. The tax imposed in this Article shall be computable and payable monthly. Each wholesale dealer or distributor selling, shipping or delivering spirituous liquors, beer or fermented wine to any retail dealer in the City of Milton shall, as a condition to the privilege of carrying on the business: 1) Keep true and correct records of all sales, shipments or deliveries of such alcoholic beverages to any retail dealer in the City of Milton, such records to be for a period of two years for spirituous liquors, and one year for beer and fermented wine, and to be made available upon request to any duly authorized representative of the City. 2) Collect from each such retail dealer in the City limits at the time of delivery of the spirituous liquors, beer and fermented wine the amount of tax due under the terms of this Article and to hold such amount in trust for the City until such amount is remitted to the City as provided in this section. 3) Except as provided in O.C.G.A. § 3-5-81 or other applicable state law, on or before the 20th day of each calendar month make a verified and comprehensive report to the City Manager or his or her designee, which shall correctly show all sales and deliveries of spirituous liquors, beer and fermented wine to or for retail dealers in the City limits for the month immediately preceding such report. Such report shall show the name and address of each retail dealer, the quantities delivered to each retail dealer, the amount collected under the terms of this Article, and such other information as may be called for by the City. This report shall be accompanied by remittance to the City for all taxes collected or due as shown on the report. (d) Noncompliance by wholesale dealer or distributor. If any wholesaler dealer or distributor fails or refuses to make the report provided for in this section, the City shall notify the party in writing; and if the reports are not made and the taxes remitted within five days from the date of notice, the City may revoke the wholesale dealer's or distributor's license. In addition, such a wholesaler must pay a late payment charge of ten percent per month for each month of delinquency together with interest on the total amount due (including late payment fee) equal to one percent per month. (e) Unlawful retail sales. It shall be a violation of this section for any person to sell at retail within the City limits any spirituous liquors, beer or fermented wine on which the taxes provided for in this section have not been paid. This section shall also apply to farm wineries. (f) Unlawful deliveries. It shall be unlawful and a violation of this section for any wholesale dealer or distributor to deliver any spirituous liquors, beer or fermented wine to any retail dealer in the City limits without collecting the taxes provided for in this section at the time of delivery. (g) Violations and penalties. Any person violating any of the provisions of this section, or who shall assist any retail dealer in spirituous liquors, beer or fermented wines in the City to evade or avoid the payment of the taxes provided for in this section shall be punished as provided in this Chapter and shall also be subject to having his/her license revoked. (h) Farm Wineries. Wines sold at retail by a farm winery shall have levied thereon the excise tax that applies to wholesalers. Farm Wineries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. (i) Distilleries. Spirituous liquors sold at retail by a distillery shall have levied thereon the excise tax that applies to wholesalers. Distilleries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. (j) Breweries. Beer sold at retail by a brewery shall have levied thereon the excise tax that applies to wholesalers. Distilleries have a duty to keep accurate records as to what is sold at retail and what is sold at wholesale. State Law reference—O.C.G.A. § 3-3-41; employee solicitation of patrons for drinks on- premises, O.C.G.A. § 3-3-42; display of prices of distilled spirits, O.C.G.A. § 3-4-26; levy of tax on sale of distilled spirits by the package authorized, O.C.G.A. § 3-4-80; sale of distilled spirits by the drink, O.C.G.A. § 3-4-90 et seq.; imposition of excise tax on malt beverages required, O.C.G.A. § 3-5-80; authorization to levy tax on wine, O.C.G.A. § 3- 6-60. Sec. 4-106. - Per drink excise tax on distilled spirits. (a) There is hereby levied and imposed a specific excise tax on the sale of distilled spirits in the amount of three percent (3%) of the charge to the public (or the customer in the case of a catered event) for the beverage; this does not include any sales tax. (b) The excise tax imposed in this subsection does not apply to the sale of fermented beverages made in whole or in part from malt or any similar fermented beverages made in whole or in part from fruit, berries or grapes either by natural fermentation or fermentation with brandy or any similar fermented beverage. (c) The excise taxes provided for in this section shall be imposed upon and shall be paid by the licensee of distilled spirits by the drink. (d) Each licensee selling distilled spirits by the drink within the City shall file a report with the City by the 20th day of each month showing the preceding calendar month summary of the licensee's gross sales derived from the sale of distilled spirits sold by the drink during the month. (e) Each such licensee shall remit to the City by the 20th day of the month next succeeding the calendar month in which such sales were made the amount of excise tax due in accordance with this section. (f) Each licensee collecting the tax authorized by this section shall be allowed a percentage of the tax due and account for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if the amount is not delinquent at the time of payment. The deduction amount authorized will be the rate authorized under O.C.G.A. § 48-8-50, as now written or hereafter amended; (currently the rate of deduction as authorized under O.C.G.A. § 48-8-50 is three percent of the total amount due). (g) Excise taxes received after the 20th day of the month shall be charged a ten percent penalty. (h) If the City Manager or his/her designee deems it necessary to conduct an audit of the records and books of the licensee, he/she will notify the licensee and an agreed upon date and time will be arranged. (i) Failure to properly complete or submit the required reports shall subject the licensee to a late filing penalty of $25.00 for each deficient reporting period. Sec. 4-107. - Excise tax on alcohol produced by brewpubs, breweries, micro- breweries, distilleries and micro-distilleries. (a) Every brewpub, brewery, micro-brewery, distillery and micro-distillery located within the City shall file a monthly report with the City Manager or designee no later than the twentieth day of each month, on such forms as the City Manager or designee may prescribe, setting forth all alcohol produced during such preceding calendar month, to include beginning and ending inventories. Such report shall also indicate the total production of alcohol during the report period and the proper tax remittance for such production. Failure to properly complete or submit the required reports shall subject the licensee to a late filing penalty of $25.00 for each deficient reporting period. (b) There is levied an excise tax on all beer produced by a brewpub or brewery at the rate of $6.00 per half barrel (15½ gallons) and $12.00 per barrel (31 gallons). Where the beer is sold in bottles, cans, or other containers, except barrel or bulk containers, the levied tax shall be 5 cent(s) per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces. (c) There is levied an excise tax on all distilled spirits produced by a distillery at the rate of $0.22 per liter or [$0.0065] per ounce. (d) Such tax shall be paid to the City Manager or designee no later than the twentieth day of each month for the preceding month's production. A late payment penalty of ten percent of the tax otherwise due shall be added to the amount due for any payment not received by the due date. Sec. 4-108. - Excise tax required on wholesalers. (a) There is levied an excise tax computed at the rate of $0.22 per liter or [$0.0065] per ounce which shall be paid to the governing authority on all distilled spirits and wine sold by wholesalers to retailers in the City. Such tax shall be paid to the City Manager or designee by the wholesale distributor on all distilled spirits and wine sold in the City as follows: (1) Each wholesaler selling, shipping, or in any way delivering distilled spirits or wine to any licensees under this Chapter, shall collect the excise tax at the time of delivery and shall remit the same to the City together with a summary of all deliveries to each licensee on or before the 20th day of the following month. (2) Excise taxes received after the 20th day of the month shall be charged a ten percent penalty (3) It shall be unlawful and a violation of this Chapter for any wholesaler to sell, ship or deliver in any manner any distilled spirits or wine to a retail dealer without collecting such tax. (4) Upon each and every delivery by a licensed wholesaler to a licensed retailer, written records in triplicate shall be prepared, showing the quantities and brands of spirituous liquors delivered, together with the price thereof and the tax collected thereon. The original copy of such record shall be delivered by the wholesaler to the retailer simultaneously with each such delivery. The wholesaler shall retain the second copy of such record and shall keep it and have it available for inspection by authorized representatives of the City. If requested by an authorized representative of the City, a copy of such records shall be attached to any reports requested or required by the City. (5) It shall be unlawful and a violation of this Chapter for any retail dealer to possess, own, hold, store, display or sell any distilled spirits or wine on which such tax has not been paid. Wholesalers collecting the tax authorized in this section shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due, if the amount is not delinquent at the time of payment. The rate of the deduction shall be at the same rate authorized for deductions from state tax under O.C.G.A. § 48-8-50, and any amendment thereto. (b) There is levied an excise tax on all beer sold by wholesalers to retailers in the City at the rate of $0.05 per 12-ounce container and $6.00 for each container of tap or draft beer of 15½ gallons and in similar proportion for bottles, cans and containers of various sizes as follows: Size of Container Tax Per Container 7-ounce $0.0291 8-ounce 0.0333 12-ounce 0.0500 14-ounce 0.0583 16-ounce 0.0666 32-ounce 0.1333 Half barrel (15½ gallons) 6.00 One barrel (31 gallons) 12.00 All provisions as to excise tax in this section shall apply to this tax on beer except the tax rate which is set out in this subsection and the reimbursement of three percent of the taxes collected which shall not apply to beer wholesalers. State Law reference— Local excise tax on malt beverage, wine, distilled spirits O.C.G.A. § 3-5-80 et seq. , 3-14-130 DIVISION 2. – TAX RETURNS AND COLLECTION Sec. 4-109. - Tax delinquent on 21st day. The tax imposed under this Chapter shall, for each month, become delinquent on the 21st day of each succeeding month. Any such delinquent tax shall bear interest at the rate of one percent per month, or fraction thereof, and a penalty of ten percent of such delinquent tax shall be added and attached to the total amount of the fee. The City Manager or designee is empowered to pursue any remedy or right of collection and payment of taxes lawfully levied by the City, as may be allowed under the laws of the state and the ordinances of the City. (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) State Law reference— Authority to impose excise tax on sale of distilled spirits by the drink, O.C.G.A. § 3-4-131; Local excise tax on sale of distilled spirits, O.C.G.A. § 3-4- 80; local excise tax on sale of malt beverages, O.C.G.A. § 3-5-80 et seq.; local excise tax on wine, O.C.G.A. § 3-6-60 et seq. Sec. 4-110. - Deficiency assessment. (a) If the City has cause to believe that a return or the amount of tax paid to the City by a licensee is not proper, the City may compute and determine the amount due on the basis of any information available. One or more deficiency determinations may be made of the amount due for any month. (b) The amount of deficiency determination shall bear interest at a rate equal to the bank prime loan rate as posted by the Board of Governors of the Federal Reserve System in statistical review release H. 15 or any publication that may supersede it, plus three percent, to accrue monthly from the 20th day of the month after the close of the period for the tax due, which the amount or any portion thereof should have been returned until paid, in addition to any other penalties which may be imposed. Such annual interest rate shall be determined for each calendar year based on the first weekly posting of statistical release H.15 on or after January 1 of each year. For the purposes of this Code section, any period of less than one month shall be considered to be one month. (c) For any deficiency which is determined to be made due to fraud, or an intent to evade any provisions of this Article, a penalty of 25 percent of the deficiency shall be added thereto. (d) The City shall give notice of a deficiency determination to the licensee. The notice shall be served by personal service on the registered agent by a City police officer or code enforcement officer. If personal service fails, the notice shall be mailed by certified mail to the registered agent at the address provided and to the named licensee at the licensed premises. Delivery shall be deemed to take place on the third day following deposit in the United States mail. (e) Except in the case of fraud, intent to evade this Chapter, or failure to make a return, every notice of deficiency determination shall be mailed within three years after the 20th day of the calendar month following the monthly period for which the amount is proposed to be determined, or within three years after the return is filed, whichever period should last expire. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (Was 4- 508); State Law reference— Local excise tax on sale of distilled spirits, O.C.G.A. § 3- 4-80; local excise tax on sale of malt beverages, O.C.G.A. § 3-5-80 et seq.; local excise tax on wine, O.C.G.A. § 3-6-60 et seq Sec. 4-111. - Failure to file return. (a) If any licensee fails to make a return, the City shall make an estimate of the amounts of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in the City which are subject to the tax. The estimate shall be made for the period in respect to which the licensee failed to make the return and shall be based upon any information which is or may come into the City's possession. Upon the basis of this estimate, the City shall compute and determine the amount required to be paid the City. One or more determinations may be made for each period. (b) If the failure of any person to file a return is due to fraud or intent to evade this Chapter, a penalty of 25 percent of the amount required to be paid by the party shall be added thereto in addition to any other penalties which are imposed under this Chapter. (c) The City shall promptly give to the party written notice of the deficiency in the manner specified by this Chapter. (d) In the event that any person holding a retail license shall fail to file the required return or to pay the taxes imposed by this Chapter, it shall be grounds for suspension or revocation of any retail license to sell alcoholic beverages in the City. (Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017)(Was 4-509) Sec. 4-112. - Penalties and interest. (a) Any party who fails to pay the tax herein imposed by the City, or fails to pay any amount of such tax required to be paid by the party shall, in addition to the tax, pay interest on the outstanding tax obligation at the rate of one percent per month, or fraction thereof, from the date the tax payment was last due until payment is made. (b) Any party who fails to pay the tax herein imposed by the City, or fails to file any required tax return to the City, within the time required, shall pay a penalty of 15 percent of the tax, or amount of the tax and interest, due the City. (c) In the event that any person holding a retail license shall fail or refuse to pay to the wholesaler selling to him or her alcoholic beverages the tax imposed by the City, the wholesaler shall immediately report such failure to pay to the Finance Department of the City and shall make no further sales of any alcoholic beverages whatsoever to said retailer until receipt of written notification to do so from the City. In such event, the tax may be collected by the City by an action at law against the retailer. (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316, § 1, 5-15-2017) (Was 4-510) Sec. 4-113. - Actions for collections; overpayment. (a) At any time within three years after the delinquency of any amount due under this Article, the City may bring an action in the courts of this state, any other state, or the United States in the name of the City to collect the amount delinquent, together with penalties, interest, court fees, filing fees, attorneys' fees, and other legal fees incident thereto. (b) Whenever any tax, penalty, or interest has been paid more than once or has been erroneously or illegally collected or received by the City, it may be offset against any future liability for the tax. (c) If the licensee determines that he has overpaid or paid more than once and such fact has not yet been determined by the City, the licensee shall have three years from the date of payment to file a claim with respect to such overpayment or double payments. Such claim shall be in writing and shall state the specific grounds upon which it is based. The claim shall be audited. If the City approves the claim, the excess amount paid may be credited against other amounts due from the licensee or refunded. (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316, § 1, 5-15-2017) (Was 4-511) Sec. 4-114. - Administration and enforcement of article. (a) The City Treasurer or his or her designee shall administer and enforce the provisions of this Article. (b) The City Manager may promulgate rules and regulations for the enforcement of this Article. (c) Every licensee engaging in the sale of mixed drinks shall keep such records, receipts, invoices, and other pertinent papers in such form as may be required by the City. (d) The City Manager or his or her designee may examine the books, papers, records, financial reports, equipment, and facilities of any licensee engaging in the sale of any alcoholic beverage, retail or wholesale, in order to verify the accuracy of any return, or if no return is made to ascertain the amount of tax due. (e) In the administration of the provisions of this Article, the City Manager or his or her designee may require the filing of reports by any person or class of persons having in their possession or custody any information relating to purchases subject to taxation under this Article. (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316, § 1, 5-15-2017)(Was 4-512) Secs. 4-115—124. – Reserved. ARTICLE 5. – VENDORS DIVISION 1. OPERATING REGULATIONS Sec. 4-125. - Conflicts with wholesaler or manufacturer prohibited. No financial aid or assistance to any licensee hereunder from any wholesaler or manufacture of wine or beer or other alcoholic beverages shall be permitted. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) (was 4- 243) Sec. 4-126. - Requests for additional information. The City Manager or his or her designee may request, from time to time, information concerning purchases and sales of alcoholic beverages from retailers and wholesalers. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (was 4-561) Sec. 4-127. - Requirements of wholesalers and distributors generally. All wholesalers or distributors shall comply with this Chapter before they can sell or deliver any alcoholic beverages to any establishment in the City. Deliveries shall be made in a conveyance owned and operated by a wholesaler or distributor licensed as set out in this Chapter, and shall at all times when deliveries are being made be subject to inspection by any and all duly authorized authorities of the City. Deliveries of any alcoholic beverages shall be limited to premises that are covered by a retail license. Sec. 4-128. - Storage of alcoholic beverages by retailers. All licensed retailers shall store all alcoholic beverages on the premises for which the license was issued, and at no other place. All alcoholic beverages shall be available at all times for inspection by authorized City officials. Any brand or type of alcoholic beverages found in any retailer's stock that is handled by a wholesaler who is not licensed to make sales and deliveries in the City shall be subject to immediate confiscation. Sec. 4-129. - Unlicensed Sale or delivery (a) It shall be unlawful for any licensee under this Chapter to make deliveries of any alcoholic beverage by the package beyond the boundaries of the premises covered by the license except as allowed by state law. (b) It shall be unlawful for any licensee under this Chapter to allow the sale or delivery of any alcoholic beverage by the drink to any area other than the premises covered by the license. (c) It shall be unlawful for unlicensed individuals to sell alcoholic beverages. (d) Sales by the package by anyone other than a holder of a retail package license will only be allowed during special and temporary events approved by the City Manager. Sec. 4-130. - Types of entertainment, attire and conduct prohibited. Pursuant to O.C.G.A. § 3-3-41: (1) No person shall perform on a premises licensed hereunder acts of or acts which constitute or simulate: a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; b) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or c) The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (2) No person shall use on licensed premises artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in subsection (a) of this section. (3) It shall be unlawful for any person to show, display, or exhibit, on licensed premises, any film, still picture, electronic reproduction, or any other visual reproduction or image of any act or conduct described in subsections (a) and (b) of this section. Failure to comply with this section shall be considered as due cause to suspend, revoke or refuse to renew any license issued by the City pursuant to this Article. State Law reference— Prohibited sexual conduct on-premises that serve alcohol, O.C.G.A. § 3-3-40 et seq. (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316, § 1, 5-15-2017)(Was 4-560) Sec. 4-131. - Prohibited sales. (a) Except as otherwise authorized by law, no licensee shall sell or permit to be sold alcoholic beverages to any person under 21 years of age. (b) No licensee shall permit on the licensed premises the sale, barter, exchange, giving, providing or furnishing of alcoholic beverages to any person who is in a state of noticeable intoxication. (c) No licensee shall permit the sale of alcoholic beverages on Sunday, except as otherwise provided in this Chapter. State Law reference— Local authorization as to Sunday sales, O.C.G.A. § 3-3-7 Sec. 4-132. - Contents of bottles. It shall be unlawful for licensees hereunder to add to the contents of a distilled spirits bottle or to refill empty alcoholic beverage bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcoholic beverage. (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316, § 1, 5-15-2017) (Was 4-241) Sec. 4-133. - Advertising; signs. (a) No outdoor advertising or signs with respect to the promotions of the sale or service of alcoholic beverages, or the prices of such beverages, shall be permitted: (1) On the exterior of any retail package outlet; (2) On the premises of the consumption dealer; or (3) In the windows of any such establishment that may be viewed from outside. (b) No signs shall be erected anywhere in the City advertising or promoting the sale of alcoholic beverages, except that a store displaying its merchandise may in the same manner as such other merchandise is displayed, erect a sign indicating the counter on which the merchandise is displayed; provided the lettering of such signs does not exceed in size the lettering of such signs on other counters where other products are sold. The name, brand or type of alcoholic beverage served and the price per serving may be provided to customers on a regular printed menu. (c) Alcoholic beverages may not be priced in any manner except as to single units or unbroken package quantities. (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017); State Law reference— Advertisement of prices, O.C.G.A. § 3-4-26. (Was 4-559) Sec. 4-134 - Sales and consumption on public property. (a) Except as provided in this Chapter, it shall be unlawful for any person to sell, serve, or otherwise dispense any alcoholic beverage in a street, alley, or parking lot commonly used by the public or in any other public place or on public property. (b) Private parties and organizations may secure a permit from the City Manager to serve, sell, or otherwise dispense alcoholic beverages on property owned or leased by the City to the extent authorized. Sec. 4-135. - Single cans/bottles or other containers permitted for sale. Single cans or bottles or other containers of alcoholic beverages may be sold at retail. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017)(Was 4-191) Sec. 4-136. - Sale to, purchase or possession by underage person. (a) The provisions O.C.G.A. § 3-3-23, as amended from time to time, shall govern with respect to underage sales and possession of alcoholic beverages. (b) Nothing in this Chapter shall be construed to modify, amend, or supersede O.C.G.A. tit. 15, ch. 11. (c) No person who holds a license to sell or serve alcoholic beverages by the drink or who holds a BYOB license shall allow any individuals under 21 years of age to be in, frequent, or loiter about the licensed premises unless such individuals under 21 years of age are accompanied by a parent, legal guardian, or custodian; provided that: (d) Notwithstanding the foregoing, such individuals under 21 years of age shall be permitted in eating establishments or private clubs without being accompanied by a parent, legal guardian, or custodian. (e) This subsection shall not apply to individuals under 21 years of age who are employees under the terms of this Article. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017); State Law reference— Sale of alcoholic beverages to intoxicated persons, O.C.G.A. § 3-3-22; offenses involving alcohol and underage persons, O.C.G.A. § 3-3-23. (Was 4-558) Sec. 4-137. - Purchase, consumption of, possess by or for underage persons. (a) It shall be unlawful for any person under 21 years of age to purchase, drink, consume or possess any alcoholic beverages except as provided under state law. (b) It shall be unlawful for any person to keep or maintain a place where persons under 21 years of age are knowingly allowed to come and purchase, drink, consume or possess any alcoholic beverage. (c) It shall be unlawful for any parent or other person to buy beer or other alcoholic beverages and furnish such beverage for consumption by any person under 21 years of age except as permitted under state law. (d) It shall be the responsibility of the alcoholic beverage licensee, his or her agents and employees to examine proper identification of patrons to be certain that such patrons are of legal age. State Law reference— Offenses involving alcohol and underage persons, O.C.G.A. § 3-3-23; State Law reference— Furnishing, etc., to minors, O.C.G.A. § 3-3-23; persons under 18 years of age not allowed or required to serve, sell, or take orders for alcoholic beverages, O.C.G.A. § 3-3-24 Sec. 4-138. - Misrepresentation of age by underage persons. It shall be unlawful for any person under the age of 21 years, to misrepresent his age in any manner whatsoever. State Law reference— Similar provisions, O.C.G.A. § 3-3-23. Sec. 4-139. - Employment of minors. (a) No person shall allow or require a person in his or her employment under 18 years of age to dispense, serve, sell or take orders for any alcoholic beverages. It shall be unlawful for any person under the age of 18 years of age to dispense, serve, sell or take orders for any alcoholic beverages. All employees of off- premise distilled spirits establishments must be at least 21 years of age. (b) This section shall not prohibit persons under 18 years of age who are employed in off-premise beer and/or wine package stores from selling or handling alcoholic beverages which are sold for consumption off the premises if there is, at all times during which any person under 18 years of age is working, during hours within which alcoholic beverages are sold, either the licensee or at least one employee over the age of 21 who has a valid alcohol permit and who is serving in a managerial capacity on the premises inside the building within which the alcoholic beverages are sold. State Law reference— O.C.G.A. § 3-3-24 Sec. 4-140. - Licensee to provide list of all employees involved with sale and/or handling of alcoholic beverages. It shall be the duty of the licensee to file with the City a list of the names, license numbers, addresses and telephone numbers of all present employees who are involved with the sale and/or handling of alcoholic beverages. The list is due twice annually during the month of June and again during the month of December. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (Was 4-237) Sec. 4-141. – Alcohol seller/server permits required. The following regulations shall apply to all establishments holding an alcoholic beverage license other than BYOB or Special Event alcohol licenses. (a) No person shall be employed to dispense, sell, serve, take orders, mix alcoholic beverages, or serve in any managerial position, by an establishment holding a license under this Chapter until such person has been cleared by the Chief of Police or his or her designee, indicating that the person is eligible for such employment. (b) This section shall not be construed to include volunteer groups with nonprofit tax- exempt status from the Internal Revenue Service whose volunteer efforts financially benefit a nonprofit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. No volunteer under the age of 18 years shall be allowed to dispense, sell, serve, take orders or mix alcoholic beverages. Employees of a licensed establishment whose duties are limited solely to those of busboy, cook, or dishwasher shall also be excluded from this section. (c) No alcohol seller/server permit shall be issued until such time as a signed application has been filed with the City Police Department and upon paying a fee which shall be established by the Mayor and City Council, and a search of the criminal record of the employee is completed. The application shall include, but not be limited to, name, date of birth, and social security number. These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. (d) The Chief of Police or his or her designee shall have a complete and exhaustive search made relative to any police record of the employee. If there is no record of a violation of this Chapter, the Chief of Police or his or her designee shall approve the issuance of a permit to the person, stating that the person is eligible for employment. If it is found that the person is not eligible for employment, the Chief of Police or his or her designee shall notify the person, in writing, that they are not eligible for employment, the cause of such denial and their right to appeal. (e) No person shall be granted an alcohol seller/server permit who has been convicted, plead guilty or entered a plea of nolo contendere to any of the below federal, state, or local crimes within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit. For purposes of this Chapter, a conviction or plea of guilt or nolo contendere shall be ignored as to any offense for which defendant who was allowed to avail himself or herself of the state first offender provisions, O.C.G.A. § 48-8-98 et seq. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender: (1) Any felony; (2) Two or more convictions of driving under the influence; (3) Two or more convictions of possession, consumption, or attempt to purchase alcohol by an underage person; (4) One or more under 21 DUIs; (5) Any conviction relating to the sale or furnishing of alcoholic beverages to an underage person; (6) Any conviction relating to the unlawful possession, use or manufacturing of an authentic or fraudulent driver's license or ID; (7) A crime of moral turpitude; or (8) Any sex related crime. (f) An alcohol seller/server permit shall be issued for a period of two calendar years from the date of the original application and shall be valid for use at any licensed establishment. The alcoholic beverage seller/server permit must be in the possession of the employee while the employee is working at the licensed establishment and shall be available for inspection by members of the Police Department or the City Manager's staff. (g) No person shall be issued a permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme while making application to the City for an alcoholic beverage pouring permit under this section. If it is determined that a person is in violation of this subsection and a permit is denied for this reason, then 30 calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (h) All permits issued through administrative error can be terminated and seized by the Chief of Police or his or her designee or the City Manager or his or her designee. (i) A replacement permit will be issued within 30 days of the original date, upon paying one-half of the fee charged for an original alcoholic beverage pouring permit. After 30 days of original application date, a new application and fee must be submitted. (j) All permits issued under this Chapter remain City property and shall be produced for inspection upon demand of any City police officer or code enforcement officer. (k) No licensee shall allow any employee or manager required to hold an alcohol seller/server permit to work on the premises unless the employee or manager has in his or her possession a current valid City pouring permit. For new employees, an application for a permit must be made within five calendar days of date of initial employment. Licensees are required by this Chapter to inspect and verify that each employee has in his or her possession a valid City alcoholic beverage pouring permit. (l) Grounds for suspension, revocation. No permit which has been issued or which may hereafter be issued under this section shall be suspended or revoked except for due cause as defined in this subsection, and after a hearing and upon written notice to the holder of such permit of the time, place and purpose of such hearing and a statement of the charge or charges upon which such hearing shall be held. A minimum of three days' notice shall be provided to the permit holder. "Due cause" for the suspension or revocation of the permit shall consist of the violating of any laws or ordinances regulating the sale of alcoholic beverages or for the violation of any state, federal or local ordinances set out in this Chapter; or for the omission or falsification of any material in any application; or for any reason which would authorize the refusal of the issuance of a permit; or any violation of this Chapter. All hearings shall be before City Council or its designated representative(s). After the hearing, the permit may be approved, denied, suspended or revoked. Any employee whose pouring permit has been denied, suspended, or revoked may appeal the decision to the next level of City government up to City Council. Any decision of City Council may be appealed by filing a petition for writ of certiorari to the Superior Court of Fulton County within 30 days of the decision of the board of commissioners. (m)Training of permit holders. (1) Licensees shall provide regular information, company alcohol sale/service policies and training to all permit holders on the methods, procedures and measures to be taken in order to request, obtain and examine proper identification of patrons to be certain that such patrons are of legal age to purchase alcoholic beverages. Training shall include the methods, procedures and measures to be taken in order to refuse sale/service to underage or intoxicated patrons. Training shall provide information to all permit holders on provisions of the law of this state and ordinances regarding the sale of alcoholic beverages to intoxicated and underage persons and the penalties for violating such laws and ordinances. (2) Detailed records of such training, including the content, date, time, persons attending and copy of any pre/post-test, shall be maintained for a minimum of 36 months after the training. Evidence of such training records shall be made available upon request for inspection by the City. Any person convicted of any violation of this section may receive a fine or license suspension or revocation as defined in of this Chapter. (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) Editor's note— Ord. No. 17-05-316, §1, adopted May 15, 2017, repealed § 4-236 which pertained to alcohol awareness training required, and derived from Ord. No. 15-03-236 , § 1, adopted March 16, 2015 (Modeled after 4-235); State Law reference— Age of employees, O.C.G.A. § 3-3-23; persons under 18 years of age not allowed or required to serve, sell, or take orders for alcoholic beverages, O.C.G.A. § 3-3-24. Sec. 4-142. - Employees prohibited from mingling with customers. (a) It shall be unlawful for any employees of a licensee under this Chapter to dance or sit with customers in the premises or for any customer to be permitted to purchase food or drink for such employees during such employees' working hours. (b) Alcoholic beverages shall only be served by the licensee or the licensee's employees or agents. (c) It shall be unlawful for any employee of any licensee to consume alcoholic beverages on the premises of the licensee during such employee's working hours. State Law reference— Employee solicitation of patrons for drinks on premises, O.C.G.A. § 3-3-42. Sec. 4-143 – Hours and Days of Sale Alcoholic beverages shall be permitted only during the following hours and days of the week, as indicated for each respective license type: (a) Retail package beer and/or wine (off-premise consumption): Monday through Saturday 7:00 a.m. to 12:00 midnight. Sundays between the hours of 12:30 p.m. and 11:30 p.m. with a valid Sunday Sales License. (b) Retail package distilled spirits (off-premise consumption): Monday through Saturday 8:00 a.m. to 11:45 pm. Sundays between the hours of 12:30 p.m. and 11:30 p.m. with a valid Sunday Sales License. (c) Eating establishments, restaurants and other on-premise licenses not set forth herein: Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day. Sunday from 11:00 a.m. until 2:00 a.m. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall meet the minimum food sales requirements set forth under state law and a valid Sunday Sales License. (d) Ancillary license and/or BYOB license. Monday through Saturday, from 9:00 a.m. until 1 hour before closing but no later than 1 a.m. (e) Incidental License, Limited Tap License, Craft Beer and/or Wine Market, Growler Shops. Monday through Saturday from 9:00 a.m. until 10:00 p.m. (f) Farm winery tasting license. Monday through Saturday, from 9:00 a.m. until 10:00 p.m. Sunday from 12:30 p.m. until 10:00 p.m. (g) Wholesalers: Monday through Saturday: 7:00 a.m. and 6:00 p.m. There shall be no sales of alcoholic beverages on Sunday by wholesalers Unless otherwise provided for in this Chapter, licensed premises shall close their premises to the public and clear the premises of patrons within 30 minutes after the time set in this section for discontinuance of the sale of alcoholic beverages on the premises. The licensed business shall open its business each day it is open by not later than 5:00 p.m. This section shall not apply to Private Clubs. (Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017; Ord. No. 18-08-370 , § 1, 8-6-2018). State Law reference— Sale of alcoholic beverages on election days, O.C.G.A. § 3-3-20; Georgia Dept. of Rev. Regulations 560-2-3-.02 Sec. 4-144. – Election day sales. (a) The sale of alcoholic beverages on election day is permitted to the extent authorized by state law, pursuant to O.C.G.A. § 3-3-20. (b) It shall be unlawful for any person to sell alcoholic beverages within 250 feet of any polling place or of the outer edge of any building within which such polling place is established on primary or election days. (Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017)(Was 4-556) State Law reference— Sale of distilled spirits by the drink, O.C.G.A. § 3-4-90 et seq Sec. 4-145. - Promotions and sales. (a) No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcoholic beverages for consumption on the premises, shall: (1) Offer or deliver any free alcoholic beverage to any person or group of persons. For the purpose of this section, “free” means free to the customer on behalf of the establishment. (2) Deliver more than two alcoholic beverages to one person at a time, however, nothing herein shall prohibit a brewpub from offering a sampler of beer in containers not exceeding four ounces. Each sampler shall not exceed four different types of beer. For the purposes of this section, one alcoholic beverage shall be the equivalent of one 16 oz. beer or one 6 oz. glass of wine or 1 oz. of 100 proof spirits. (3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverage at a price less than 50 percent of the price regularly charged for such alcoholic beverage during the same calendar week, except at private functions not open to the public. (4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcoholic beverages during any set period of time for a fixed price, except at private functions not open to the public. (5) Sell, offer to sell, or deliver to any person or group of persons any alcoholic beverages on any one day at prices less than those charged the general public on that day, except at private functions not open to the public. (6) Sell, offer to sell, or deliver alcoholic beverages, including beer, in any container which holds more than 32 fluid ounces (0.947 liters), except to two or more persons at any one time. (7) Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcoholic beverage during the same calendar week. (8) Encourage or permit on the licensed premises any game or contest which involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize. This section shall not apply to Incidental Licenses. (b) Each licensee shall maintain a schedule of the price charged for all alcoholic beverages to be served and consumed on the licensed premises or in any room or part thereof. The schedule of prices shall be posted in a conspicuous manner so as to be in view of the paying public, and the schedule shall be effective for not less than one calendar week. (c) No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under this section. (d) No provision of this section shall be construed to prohibit: (1) Offering free food or entertainment at any time; (2) Including an alcoholic beverage as part of a meal package; or (3) Selling or delivering wine by the bottle or carafe when sold with meals or to more than one person. (e) The Police Department shall have the responsibility for the enforcement of this Chapter. (f) No licensee may require the purchase of any alcoholic beverage as a part of or prerequisite to the purchase of any other product or service. If alcoholic beverages are included as part of a package of other goods and services, the alcoholic beverages must be priced separately and all customers must be allowed to purchase the remaining goods and services without the alcoholic beverages at a price from which the full price of the alcoholic beverages has been deducted, provided, however, that this section shall not apply to incidental licenses. (g) It shall be unlawful for any sales to be made outside of the area on or about the premises licensed for such sale except as permitted herein. For the purpose of this section, the term “sale” shall refer to the point at which there is an exchange of money for alcoholic beverages. Nothing in this section will be deemed to prohibit alcoholic beverages from being sold through a window of the premises when any such practice is otherwise permitted by state law. (h) It shall be unlawful for any person except a licensee, his or her manager, or agent in charge of the licensed premises, to carry into or have in his or her possession on any licensed premises, any alcoholic beverages; provided that this section shall not apply to beverages sealed in their original container being brought onto the premises of private clubs or establishments with a BYOB license Modeled after 4-233 . Sec. 4-146. - Removal of partially consumed bottle of wine from premises (Merlot to Go). (a) Except as allowed by O.C.G.A. § 3-6-4 or as set forth in this Chapter with respect to Open Container Areas or Special Districts, it is prohibited for customers with open alcoholic beverages to leave the area on or about the premises of a licensed establishment, and it is the licensee's responsibility to ensure that no open beverages purchased at the establishment are carried beyond that area. More specifically, an eating establishment licensed to sell wine for consumption on the premises may permit guests, patrons or members to purchase the establishment's wine on the premises, and leave with no more than 1 bottle of unfinished wine per legally aged patron as long as such bottle has been re- sealed and packaged in accordance with the provisions set forth in O.C.G.A. §3- 6-4. Such partially consumed bottle of wine must be transported in accordance with O.C.G.A. § 40-6-253, "Consumption of alcoholic beverage or possession of open container of alcoholic beverage in passenger area." However, nothing in this section shall be construed to prohibit the carrying out of wine or beer for consumption at a publicly owned or privately owned golf course. (b) No licensee may allow patrons to remove partially consumed wine from their premises pursuant to this section without first providing written notice to and obtaining written approval from the City Manager. This approval will only be provided to establishments that meet the requirements of an “eating establishment” under this Chapter and state law. While an approved establishment may charge a “corkage fee” to patrons for the re-sealing and packaging of the wine, there will be no additional license fees assessed by the City for an establishment to be approved as a “Merlot to Go” establishment. Modeled after 4-239 Sec. 4-147. - Open area and patio sales regulations. The consumption and/or sale of alcoholic beverages may be allowed in open areas, sidewalks, decks, patios or similar unenclosed spaces on, about or adjacent to the premises of an establishment licensed to sell alcohol for consumption on the premises if written application is made to and approved by the City Manager, or his or her designee, under such conditions as the City Manager, or his or her designee, may deem appropriate for the protection of public health, safety and welfare including, but not limited to, maximum capacity, ingress and egress. The provisions of this Article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, or similar laws. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (Modeled after 4-238) Sec. 4-148. - Indication of prices. All licensees hereunder, except private clubs, shall display in prominent places or on their menus, their current prices of alcoholic beverages by the drink. The licensee shall furnish to any customer that so desires an itemized bill of charges which shall not exceed the established price list. The City Manager or his or her designee may at any time inspect the records of all sales of alcoholic beverages for consumption on the premises and the total sales to determine that the licensee is in compliance with this Article. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) ; State Law reference— Display of prices of distilled spirits, O.C.G.A. § 3-4-26 (was 2-242) Sec. 4-149. - Physical requirements of premises. (a) The licensed premises shall be kept clean and shall be in full compliance with all City regulations governing the conditions of the premises, including but not limited to compliance with the applicable sections of this Code governing the conditions of premises used for the storage and sale of food for human consumption. (b) The licensee is required to maintain the exterior of the licensed premises, parking lot and all parts of the premises abutting public rights-of-way during all hours the business is open and to do an inspection of the premises within three hours after closing. The term "maintain" means keeping the defined areas free of bottles, cans, cups, trash and other litter. (c) All lounge, eating establishment and restaurant areas, including all tables, booths, and other areas where customers are served and including all passageways for customers, shall be kept clean and shall be sufficiently well illuminated so that they may be viewed by those on or about the premises. (d) The Fulton County Health Department is authorized to regularly inspect such licensed premises to determine that such licensed premises are in compliance with all Fulton County and state health rules and regulations and report any violations to the City Manager or his or her designee. (e) City fire personnel are authorized to regularly inspect the premises to see that they are in compliance with all City, Fulton County and state fire regulations and report any violation to the City Manager or his or her designee. (f) The City Community Development Department is authorized to regularly inspect the licensed premises to determine if the premises are in compliance with all technical codes of the City and Fulton County and report any violation to the City Manager or his or her designee. (g) City police personnel shall periodically inspect the premises to determine if the licensed premises are in compliance with all provisions of this Chapter and report any violation to the City Manager or his or her designee. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (Was 4-240) Sec. 4-150. - Solicitation prohibited. No establishment licensed under this Chapter shall require, permit, suffer, encourage, or induce any employee or person to solicit in the licensed premises for himself or herself, or for any person other than the patron and guest of the patron, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage; nor shall any licensee pay a commission or any other compensation to any person frequenting his or her establishment or to his or her agent or manager to solicit for himself or herself or for the others, the purchase by the patron of any drink, whether an alcoholic beverage or nonalcoholic beverage or money with which to purchase the beverage. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (Was 4-244) Secs. 151 – 164 Reserved. DIVISION 2. - ADDITIONAL PROVISIONS FOR SPECIFIC LICENSE TYPES Sec. 4-165. - On-premise consumption retailers also licensed as off-premise beer/wine retailers. On-premise consumption retailers may, subject to the provisions of this Chapter, obtain a wine and/or beer package license for sales of wine or beer sealed in the original package. The following shall apply to on-premise consumption retailers that are also licensed as off-premise beer/wine retailers: (1) Except as provided for by state law, no on-premise consumption retailer shall sell wine and/or beer by the package for consumption off-premises unless such licensee also obtains a separate license for wine and/or beer package sales; (2) Wine and/or beer bottles for consumption off the premises sold in connection with this section shall be properly labeled in accordance with this Chapter and state law; (3) Wine sold by the package in original, sealed containers shall not be opened or unsealed and, thereafter, removed from the premises, unless sold, partially consumed and re-sealed in accordance with the “Merlot to Go” provisions of this Chapter and state law governing the same. This exception does not apply to beer sold by the package (4) Sales of wine and/or beer by the package may only be processed by employees authorized by the licensee and meeting the qualifications of this Chapter to sell alcoholic beverages; (5) Nothing in this section shall authorize, permit, or otherwise allow an on- premise consumption retailer to obtain a license as an off-premise distilled spirits retailer. (6) Notwithstanding any of the provisions of this section, on-premise consumption retailers shall not sell beer or wine by the package for carryout purposes: a) On any day or at any time when the sale of package beer or wine for carryout purposes is otherwise prohibited by law; or b) At any location which is within distances to grounds or buildings where the sale of alcoholic beverages for carryout purposes is otherwise prohibited by law. Except as otherwise provided by this Code, this section shall not apply to licensees for assembly halls/special event facilities. For-profit special events, brewpubs, private clubs, or any establishment not otherwise licensed for consumption on the premises except restaurants and eating establishments regularly serving prepared food, with a full-service kitchen, prepared to serve food every hour they are open. ( Ord. No. 16-01-267 , § 3, 1-4-2016; Ord. No. 17-05-316 , § 1, 5-15-2017; Ga. Comp. Rules and Regs. 560-2-3-.15 Sec. 4-166. - Growlers. (a) The sale of growlers requires a separate Growler License. Brewpubs, Craft Beer and/or Wine Markets, Eating Establishments and Restaurants may also be licensed to sell Growlers if they meet all other requirements to hold an off- premise beer package license. Establishments that sell distilled spirits by the package are prohibited from also selling growlers. (b) The filling of growlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 or this section. (c) Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler. (d) Only professionally sanitized and sealed growlers may be filled and made available for retail sale. (e) Each growler must be securely sealed and removed from the premises in its original sealed condition. (f) As with any other off-premise package license, unless the licensee holds a separate on-premise consumption license, consumption on the premises is strictly prohibited. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) Sec. 4-167. – Off-premise distilled spirits retailers (a) No distilled spirits by the package shall be sold at retail except in: (1) Retail establishments devoted exclusively to the retail sale of alcoholic beverages by the package; (2) Retail establishments in which space has been set aside devoted exclusively to the retail sale of distilled spirits by the package, with ingress and egress provided directly to and only to the exterior of the building in which the facility is located and not to any other enclosed part of the building in which the facility is located. (b) Nothing in this section shall prohibit the retail sale within these establishments of beer, wine, alcohol consumables, liquid commodities and/or mixes normally used in the preparation and serving of distilled spirits. (c) Off-premise distilled spirits retailers shall indicate plainly, by tag or labels on the bottles or containers or on the shelf immediately below where the bottles or containers are placed, the prices of all distilled spirits exposed or offered for sale. The retailer shall not display prices or brand names in such a way as to be visible from the outside of the establishment. (Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) Sec. 4-168. - Limited service on-premise licenses. Certain establishments may be qualified to obtain licenses that allow for limited service of certain alcoholic beverages as follows: (a) Ancillary Wine and/or Beer Tasting License. The holder of an off-premise wine only, beer only, or wine and beer retail license, may be eligible for an ancillary wine and/or beer tasting license to provide samples of the wine and/or beer it offers for sale by the package to customers upon meeting all of the requirements specified in this Chapter and paying the required fees. Holders of off-premise distilled spirits licenses are not eligible for an ancillary wine and/or beer tasting license. An Ancillary license may be utilized at an approved establishment only under the following conditions: (1) Sampling shall be on limited occasions when a customer requests a sample of a wine and/or beer offered for sale within the premises or in conjunction with education classes and sampling designed to promote wine and/or beer appreciation and education. (2) Wine and/or beer tasting for customers shall only be conducted at a counter area constituting no more than ten percent of the entire floor area of the premises. (3) Wine and/or beer sampling for customers shall not exceed two ounces per sample, and no customer shall consume more than eight ounces in any two-hour period. (4) Wine and/or beer bottles shall be opened only by the licensee or an employee, and samples shall only be poured by the licensee and/or an employee. (5) No open containers of wine and/or beer shall be removed from the licensed premises. (6) The holder of an ancillary wine and/or beer tasting license may conduct educational classes and sampling for classes. All conditions of sampling set forth in this section shall apply to such classes, except for the limitation on floor areas where the classes can be conducted. (7) Wine and/or beer sampling and tasting is permitted within the enclosed portion of the premises. Wine and/or beer sampling and tasting may be allowed in open areas, sidewalks, decks, patios, or similar unenclosed spaces on or about the premises of an establishment if written application is made to and approved by the City Manager, or his or her designee, under such conditions as the City Manager, or his or her designee, may deem appropriate for the protection of public health, safety and welfare including, but not limited to, maximum capacity, ingress and egress. The provisions of this Article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, or similar laws. (8) The hours during which tastings may be conducted are limited to: Monday through Saturday, from 9:00 a.m. until 10:00 p.m. (b) Bring Your Own Beverage” (BYOB) License. A "bring your own beverage license" is available to allow an otherwise qualified establishment upon a successful application and payment of appropriate fees to permit a patron to bring into the establishment unopened wine and beer for consumption on the premises. Notwithstanding any other contrary provision of this Chapter, a BYOB license may be issued and maintained at an approved establishment only under the following conditions. (1) The establishment may not sell distilled spirits by the package. (2) With the exception of situations where a patron has rented an entire section of the premises for a private function, BYOB is limited to beer and wine. (3) The establishment must establish a policy for permitting this practice and may in its own discretion charge a corkage fee to provide items such as glasses, wine keys, ice buckets, etc. (4) All alcohol brought onto the premises by a patron must be removed from the premises or disposed of by the patron. Employees of the establishment/licensee are prohibited from handling any patrons’ alcohol unless removing it to dispose of it. If a patron leaves the alcohol on the premises, it must be disposed of and not allowed to remain on the premises. (5) The hours during which BYOB is allowed are limited to: Monday through Saturday, from 9:00 a.m. until 1 hour before close. Sunday from 12:30 p.m. until 1 hour before close if the establishment qualifies as an Eating Establishment. No alcohol may be brought onto the premises of a BYOB licensed establishment by a patron less than one hour prior to closing. (6) For purposes of this section, the term BYOB establishment shall not include a private hotel room or other similar guest room or a private club. (c) Craft Beer and/or Wine Market. A Craft Beer and/or Wine Market is available to allow sales by the package and for consumption on the premises of craft beer and/or wine. Such license is available to an otherwise qualified establishments under the following conditions: (1) The establishment must meet the quantity restrictions and/or requirements as set forth in this Chapter and specified by state law. (2) Primary purpose of the establishment, must be the package sale of craft beers and/or wine for consumption off the premises. (3) The sale or provision of distilled spirits is strictly prohibited. (4) Sales of craft beers and wines may be for consumption on the premises and/or package (including growlers), provided however, the sale and/or consumption of distilled spirits is strictly prohibited at such locations. Although a Craft beer and/or Wine market is required to apply for a growler license in order to sell growlers, the license fees for any such growler license will be waived. (5) Craft beer and wine markets shall be permitted in areas currently zoned to allow for consumption on the premises and shall meet all distance requirements for a consumption on the premises license. (6) Wine and craft beers consumed on the premises of a craft beer and wine market shall only be opened by the licensee or an employee of the craft beer and wine market. Wine and craft beers to be consumed on-premise shall not include growlers or packaged beer. (7) No open containers of wine or beer shall be removed from the licensed premises unless otherwise specifically permitted by this Chapter. (8) The sale of food is expressly permitted in a craft beer and wine market provided all applicable laws and regulations are complied with. (9) Craft beer and wine markets shall not open before 11:00 a.m. Monday through Saturday and shall close by 10:00 p.m. Monday through Saturday. Sunday sales, if licensed, shall be permitted for package sales (but not consumption sales) of craft beer and wine between the hours of 12:30 p.m. and 10:00 p.m. Craft beer and wine markets may allow consumption on the premises between the hours of 11:00 a.m. and 10:00 p.m. Monday through Saturday. (d) Incidental License. An incidental license is available to allow beer and/or wine consumption at an otherwise qualified establishment that does not sell food prepared on the premises and for which the service of food and beverage for consumption on the premises is not its primary business. A license may be issued and maintained at such an establishment only under the following conditions: (1) The establishment cannot charge for alcohol. (2) The service of alcohol is limited to wine and beer. (3) The licensee shall not allow consumption by any individual to exceed 16 ounces of wine or 24 ounces of beer within a calendar day. (4) Alcohol expenses shall not exceed two percent of gross receipts. (5) The hours during which beer and/ or wine may be sold or consumed on the premises are limited to: Monday through Saturday, from 9:00 a.m. until 10:00 p.m. (6) The establishment must meet the other qualifications and comply with the other provisions in this Chapter that govern on-premise consumption dealers. (7) An establishment with an Incidental License is not eligible to also hold a package or BYOB license. (e) Limited Service Restaurant. A limited service restaurant license is available to beer, wine, and/or distilled spirits consumption at any establishment that meets all of the requirements of a restaurant but does not meet the requirements of an eating establishments. A Limited Service Restaurant must derive at least 30 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. Limited service restaurants do not qualify to sell alcoholic beverages on Sundays and may not obtain a Sunday Sales license. (f) Limited Tap License. A Limited Tap License is available to allow craft beer consumption at an otherwise qualified establishment that does not sell food prepared on the premises and for which the service of food and beverage is not its primary business. A license may be issued and maintained by such an establishment only under the following conditions: (1) The service of alcohol is limited to five or fewer beer taps. (2) The establishment must gain approval from the fire marshal and building official in accordance with applicable codes. (3) The licensee shall not allow consumption by any individual to exceed 48 ounces within a calendar day. (4) The hours during which beer may be sold or consumed on the premises are limited to: Monday through Saturday, from 9:00 a.m. until 10:00 p.m. (5) The establishment must meet the other qualifications and comply with the other provisions on this Chapter that govern on-premise consumption dealers. (6) A limited tap establishment is not eligible to also hold a package or BYOB license. For each license or permit type described herein, there will be an annual fee to obtain such license or permit as set forth from time to time by the City Council. (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017; Ord. No. 17- 06-323 , § 1, 6-19-2017) Editor's note— Ord. No. 17-05-316, § 1, adopted May 15, 2017, changed the title of § 4- 239 from "Consumption outside premises prohibited; brown bagging" to read as herein set out (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316, § 1, 5-15-2017) Editor's note— Ord. No. 17-05-316, § 1, adopted May 15, 2017, changed the title of § 4- 193 from "Ancillary wine tasting" to read as herein set out.Was Sec. 4-193. Sec. 4-169. - Brewpubs. A limited exception to the provisions of this Chapter which implement and enforce the three-tier system for the manufacture, distribution and sale of beer established under state law shall exist for owners and operators of brewpubs, subject to the following terms and conditions: (a) No individual or person shall be permitted to own or operate a brewpub without first obtaining a proper Brew pub license from the City Council pursuant to the procedures set forth in this Chapter, and each brewpub licensee shall comply with all other applicable state and local license requirements. (b) A brewpub license authorizes the holder of such license to: (1) Manufacture on the licensed premises not more than 10,000 barrels of beer in a calendar year; (2) Sell directly to the public on its licensed premises up to 3,000 barrels of beer manufactured on such licensed premises per year provided that any such sales by the package directly to consumers shall not exceed a maximum of 288 ounces per consumer, per day. (3) Operate a restaurant that shall be the sole retail outlet for such beer. Such outlet may offer for sale any other alcoholic beverages produced by other manufacturers which are separately authorized for consumption on the premises by this Article, including wine, distilled spirits, and beer, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled beer from licensed wholesalers for consumption on the premises only. (4) Such retail sales are permitted on the days and at the times that the retail sale of beer for consumption on the premises or by the package, as applicable, is authorized for other retailer licensees under this Chapter. Under no circumstances shall such beer be sold by a licensed brewer to a licensed retailer or on-premise consumption retailer for the purpose of resale. (5) Notwithstanding any other provision of this section, the holder of a brewpub license is authorized to sell up to a maximum of 5,000 barrels annually of beer manufactured on the premises to licensed wholesale dealers for distribution to retailers and on-premise consumption retailers. (c) Notwithstanding the foregoing provision, possession of a brewpub license shall not prevent the holder of such license from obtaining another license authorized under this Chapter for the same premises. (d) A brewpub licensee shall not offer or permit any free sampling of beer by its customers on the premises. (e) A brewpub licensee shall pay all state and local license fees and excise taxes applicable. (f) For the purposes of this Article, the term "barrel" means 31 gallons of beer. (g) Except as set forth in this section, a brewpub license holder shall be subject to all provisions of this Chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) Was 4-254 State Law reference O.C.G.A. §§ 3-2-2, 3-2-3, 3-2-6, 3-4-1, 3-4-24.1, 3-4-24.2, 3-4-61, 3-4-180, 3-5-1, 3-5-24.1, 3-5-36, 3-5-38, 3-5-81 Sec. 4-170. – Private clubs. (a) Private clubs may sell and dispense alcoholic beverages upon compliance with all applicable City ordinances and regulations governing the sale of such beverages and upon payment of such license fees and taxes as may be required by the existing ordinances, rules and regulations of the City. (b) No alcoholic beverage license shall be granted to a private club organized or operated primarily for the selling or serving of alcoholic beverages. (c) Veterans' organizations, fraternal organizations, and other nonprofit organizations currently having tax exempt status under either the United States Internal Revenue Code or the state income tax law shall not be required to operate a food establishment serving prepared food. However, any such organization selling or dispensing alcoholic beverages, or allowing BYOB, shall be subject to all ordinance regulations dealing with general licensing and consumption on the premises establishments. Unless specifically excepted, private clubs shall be governed by the same rules set forth in this Chapter as other on-premise licensees. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) State Law reference— Sale of distilled spirits by private clubs, O.C.G.A. § 3-7-1 et seq. Was 4-277 Sec. 4-171. – Hotels and In-Room Service. (a) A hotel is eligible to obtain a consumption on the premises only if the following requirements are met. The hotel must: (1) Be used and held out to the public as a place where food is served and consumed and sleeping accommodations are offered to guests or patrons for adequate pay; (2) Contain 50 or more rooms used for the sleeping accommodations of guests or patrons; and (3) Contain one or more public dining rooms, with adequate and sanitary full- service kitchen facilities. (4) A hotel may consist of a single building or may consist of two or more buildings located on the same premises and used in connection with the hotel operation. (5) A facility which is styled as a motel, motor lodge, inn, or other similar appellation may be licensed as a hotel if it meets the requirements of this Chapter. (b) Notwithstanding any other provisions of this Chapter to the contrary, any hotel (as the term "hotel" is commonly used and without regard to the requirements of this section), inn, or other establishment which offers overnight accommodations to the public for hire, may provide "in-room service" of alcoholic beverages if such establishment: (1) Holds a valid City consumption on-premises license; and (2) Has been authorized to provide in-room service by the state. (c) For the purposes of this section, the term "in-room service" consists of: (1) The delivery of alcoholic beverages in unbroken packages by an employee of the hotel to a registered guest's room or to a registered guest at any other location in the same building as the hotel when such alcoholic beverages have been ordered by the guest and when the guest shall be billed for the cost of such alcoholic beverages at the time of delivery and when the sale of such alcoholic beverages is completed at the time of delivery; and (2) The provision of a cabinet or other facility located in a hotel's guest room which contains alcoholic beverages and which is provided upon request of the guest and which is accessible by lock and key only to the guest and for which the sale of alcoholic beverages contained therein is final at the time requested except for a credit which may be given to the guest for any unused portion. (d) Except as otherwise provided in this section, in-room service of alcoholic beverages shall be subject to all restrictions and limitations in this Chapter relative to the sale of alcoholic beverages. In-room service sales shall be authorized only on such days and only during such hours as provided for in this Chapter for on-premise consumption. It shall be the responsibility of the licensee and its employees to ensure that any cabinet key for alcoholic beverages and any alcoholic beverages delivered to a room are provided only to someone who is above the legal drinking age of 21 years. (e) Distilled spirits sold pursuant to this section shall not be sold in packages containing less than 50 milliliters each. (f) All alcoholic beverages sold pursuant to this section shall be purchased from a licensed wholesale dealer and shall be subject to all taxes imposed under this Chapter, including the excise tax on the retail sale of by the drink of alcoholic beverages containing distilled spirits. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (Was 4- 297) Sec. 4-172 – Alcoholic beverage caterers. (a) License requirements for resident alcoholic beverage caterers. (1) Any food caterer or on-premise alcohol beverage licensee within the City may apply for an Alcoholic Beverage Catering license that, when utilized in compliance with state law and upon receipt of a Catered Event Registration Approval, permits the transport, delivery and sale of alcoholic beverages for service and consumption at private functions on private property, at duly licensed special events and at special events facilities. Any on-premise Consumption Retailer applying for an Alcoholic Beverage Catering license shall be limited to a catering license for the same class of alcoholic beverages as the retailer’s current on-premise license. (2) Each catering license, authorized herein, shall be valid through December 31 for the year for which they are issued. The fee for each license shall be set by resolution of the Mayor and City Council, and this fee shall remain in effect until modified or amended by subsequent resolution. (b) It shall be unlawful for any person to engage in, carry on or conduct the sale or distribution of alcoholic beverages off-premises and in connection with the catered event or function without first having obtained a license and event permit as provided herein and as regulated by state law and the Georgia Department of Revenue. (c) Catered Event Registration Approval. In order to distribute or sell beer, wine or distilled spirits to or at a catered function within the City of Milton, a licensed alcoholic beverage caterer shall file an application for a Catered Event Registration Approval with the City Manager. The application shall include the name of the caterer, the name, date, address and time of the event, the caterer's state and local license numbers and expiration dates, the quantity and type of alcoholic beverages to be transported and any other information the City deems necessary to review a request for such Approval. There will be an annual fee set by City Council for any such applications filed by resident caterers. For non- resident caterers, the fee for each such permit shall be $50.00 as authorized by O.C.G.A. § 3-11-3 (or such fee as may be authorized by any future amendment or revision thereto). (d) A copy of the local and state Alcoholic Beverage Catering Licenses as well as the original Catered Event Registration Approval shall be kept in the vehicle transporting the alcoholic beverages to the catered event or function. (e) It shall be unlawful for a licensed alcoholic beverage caterer to distribute, sell, or otherwise dispense alcoholic beverages off-premises except as authorized by the Alcoholic Beverage Catering License and Catered Event Registration Approval. A licensed alcoholic beverage caterer may sell or otherwise dispense only that which is authorized by its alcoholic beverage license. For example, if the alcoholic beverage caterer possesses a valid license to sell beer, it may sell or otherwise dispense only beer at the authorized catered event or function. (f) Bartenders and/or servers for licensed alcoholic beverage caterers must meet all state and local laws, age restrictions, and must obtain an alcohol permit required for alcohol (g) Sunday sales. An alcoholic beverage caterer wishing to cater an event or function on Sunday must possess a valid Sunday sales license and comply with the requirements of state law with respect to the service of alcoholic beverages on Sunday (h) Excise taxes are imposed upon the sale of alcoholic beverages by resident caterers as provided in this Chapter. Excise taxes are imposed upon the total of individual alcoholic beverages served by a non-resident caterer in the amount set forth in this Chapter and shall be paid within 30 days after the conclusion of the catered event or function. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) State Law reference— Sales off premises for catered functions, O.C.G.A. § 3-11-1 et seq; 560-2-13-.01 (Was 4-317) Sec. 4-173. – Special events facility license. (a) Where staff for a special events facility, or contractors hired by that facility who are not separately licensed caterers, will be dispensing or serving alcohol, the special events facility must obtain a separate license for on-premise consumption. (b) Where a caterer is hired and separately licensed, and where that caterer will be the only entity dispensing or serving alcohol, the special events facility need not obtain a separate license for on-premise consumption. (c) In order to be eligible for a consumption on the premises license, a special events facility must: 1) Be available to public or private groups of persons; 2) For monetary consideration on a rental, fee, percentage, or similar basis, be used primarily for special occasions, including but not limited to, receptions, meetings, banquets, conventions, parties, catered events, or similar gatherings; and 3) Be open to or attended by invited or selected guests or paying patrons; or 4) Be a sports complex situated in conformance with the City's zoning ordinances. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017)(Was 4-337) Sec. 4-174. – Public facilities event license. (a) Notwithstanding any other provision of this Chapter to the contrary, a limited exception to allow the consumption of alcoholic beverages on public property shall exist for that person or entity possessing a Public Facilities Event License, as hereinafter defined. (b) For all purposes of this section, "public facilities" shall mean all facilities owned or leased by the City of Milton, except: 1) Any fire station; and 2) Any public safety facility. (c) Any person or entity desiring to engage in activities licensed by this section, shall make written application to the City Manager or his or her designee for the appropriate Public Facilities Event License on forms prescribed by the City. All applications shall be accompanied by a Public Facilities Event License fee as set forth by City Council resolution. Further, all applicants shall be required to provide a release and meet any other requirements set forth by the City Manager as conditions of obtaining the Public Facilities Event License. (d) The City Manager or his or her designee shall consider the following factors in determining whether to approve or deny an application for a Public Facilities Event License: 1) expected time period in which the event will occur; 2) whether the event will occur during daylight hours; 3) the number of people expected to attend the event; 4) other activities scheduled to occur in the structure, facility or property at the time of the event; and 5) any other factor weighing upon the health, safety or welfare of others. (a) If the application is denied, which denial shall be based upon the factors described above, or if the applicant withdraws the application prior to its approval, the license fee (without interest) shall be refunded. The application shall include, but shall not be limited to: The name and address of the applicant, the date, address and times of the proposed event and the location of the public facility. All applications shall be sworn to by the applicant before a notary public or other officer authorized to administer oaths. (b) If such Public Facilities Event License is granted by the City Manager or his or her designee, it shall be good only for the specified event at the specified address and times set forth in the application, not to exceed two days for a public park and one day for any other public facility. (c) A Public Facilities Event License for a public park shall only permit the permit holder to serve (not sell) alcoholic beverages in a hospitality tent or similar structure previously approved by the Fire Marshal, and the alcoholic beverages may only be consumed on the premises of such hospitality tent or similar structure. (d) A Public Facilities Event License shall only license the holder to serve (not sell) alcoholic beverages within the premises of the public facility. (e) A Public Facilities Event License shall only be issued to a caterer licensed under the provisions of this Chapter, or to an individual who meets the character requirements of this Chapter, provided, however, that no more than two permits per calendar year shall be issued to an individual who is not a licensed caterer. (f) The City Manager shall have authority to prescribe forms for applications. Failure to furnish any requested data shall automatically serve to dismiss the application with prejudice. (g) Any untrue or misleading information contained in, or material statement omitted from, an original or renewal application for a Public Facilities Event License shall be cause for the denial or revocation thereof. (h) Except as set forth above in this section, a Public Facilities Event License holder must comply with all of the provisions set forth in this Chapter. (Ord. No. 15-03-236, § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017)(was 4-359). State Law reference— Sale of alcoholic beverages at publicly-owned facilities, O.C.G.A. § 3-8-1 et seq. Sec. 4-175. – Farm wineries. (a) Permitted sales. A farm winery may sell its wine and the wine of any other Georgia farm winery licensee at retail in a tasting room or other facility on the premises of the winery for consumption on the premises and in closed packages for consumption off the premises. (b) Licensee qualifications. The qualifications for the license for sale by farm winery tasting room shall be the same as set forth in this section. (c) Licenses issued. The alcoholic beverage licenses which may be issued to farm wineries under this Chapters are: (1) Wholesaler of farm winery production. A farm winery shall be granted a wholesale license for sale and distribution as provided by O.C.G.A. § 3-6-21.1. Such license shall be issued upon application and payment of established fees and upon presentation of a receipt for payment of the state annual license tax as provided by the referenced code provisions in this section. (2) Retail package sales of wine. Each retail package sales license shall require that all sales shall be by and through the farm winery tasting room at the site which said license is issued. (3) Farm winery tasting room for consumption on-premises sales of wine. Each license for the sale of wine for consumption on the premises shall require that all consumption shall be at the farm winery site for which said license is issued. This site shall include any wedding or dining facilities associated with the farm winery. Except as specifically set forth in this Article, all such licenses remain subject to all other provisions of this Chapter that govern on-premise consumption. (4) Multiple farms winery licenses. A farm winery may apply for and, if approved, may be issued multiple farm winery licenses as provided in this section for any single site. At the primary farm winery facility where the wine is produced, such site may be licensed for wholesale, retail package sales and consumption on-premises sales. For any site other than the primary farm winery facility where the wine is produced, up to the maximum number of such sites as may be permitted by state statute, such site may be licensed for retail package sales and consumption on-premise. (d) Ratio of sales. There shall be no specified or required ratio of alcohol sales to any other income for farm winery operations. (e) Hours and days of sale. Farm wineries shall be permitted to operate only during the following hours and days of the week, as indicated: (1) Monday through Saturday, from 9:00 a.m. until 10:00 p.m. (2) Sunday from 12:30 p.m. until 10:00 p.m. (3) The licensed business shall open its business each day it is open by not later than 5:00 p.m. (f) Applicable provisions. The provisions of this Chapter regarding qualifications of the licensee and other matters shall apply to the issuance of the license for sale by a farm winery tasting room and the operation thereof. (g) Licensing limitations. The license created in accord with this Article shall be limited to farm winery tasting rooms licensed by the State of Georgia in accord with O.C.G.A. § 3-6-21.1 et seq., and the licensee shall be permitted to perform only acts allowed in accord with such statutes. No license is hereby created authorizing any other use. (h) Renewals. All applications for renewal of a farm winery license or licenses shall be accompanied by a copy of the current state license. Failure to present a valid copy of a current and valid state license may result in a refusal to renew the license. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (Was 4-379 & 380) Secs. 176 – 199 reserved. ARTICLE 6. - WHOLESALERS DIVISION 1. – GENERALLY Sec. 4-200. - License required. (a) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia and who has a place of business in the City shall procure a City license under the same distance requirements and required hours and days of operation applicable to retail package licensees. The license fee for a resident wholesale dealer's license shall be set by Mayor and City Council and approved by resolution. (b) Any wholesale dealer in alcoholic beverages who is licensed by the State of Georgia, who does not have a place of business in the City but who does business in the City, shall be registered in the City and subject to excise tax due from wholesale dealers pursuant to this Chapter. Such registration shall be renewed annually with: (1) Submittal of annual renewal affidavit; (2) The presentation of satisfactory evidence that the applicant understands the alcoholic beverage rules and regulations of the City and the conditions under which retail licenses are issued; and (3) A registration fee of $100.00 as authorized by O.C.G.A. § 3-5-43. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (Was 4-400) Sec. 4-201. - Special provisions applicable to wholesale license. (a) Except as may be authorized under state law no person who has any direct financial interest in any license for retail sale of any alcoholic beverages in the City shall be allowed to have any interest or ownership in any wholesale alcoholic beverage license issued by the City. (b) No retailer shall purchase any alcoholic beverage from any person other than a wholesaler licensed under this Article. No wholesaler shall sell any alcoholic beverage to any person other than a retailer licensed under this Chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing business. (c) No alcoholic beverage shall be delivered to any retail sales outlet in the City except by a duly licensed wholesaler. The name of the wholesale distributor shall be clearly marked on the delivery vehicle. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017) Sec. 4-202. - Audits. If the City Manager deems it necessary to conduct an audit of the licensee's records and books, he or she shall notify the licensee of the date, time and place of the audit. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 Secs. 4-203. – 209 Reserved. ARTICLE 7 - SPECIAL PROVISIONS AND EXCEPTIONS WITHIN DESIGNATED ZONING DISTRICTS Editor's note— Ord. No. 17-05-316 , § 1, adopted May 15, 2017, changed the title of art. IX from "Special Provisions and exceptions within the Crabapple District" to read as herein set out. Sec. 4-210. - General provisions. The provisions of this Article are intended to set forth certain exceptions and provisions applicable only to licensees whose establishments are located within the area identified in the Crabapple District, Deerfield District, and Birmingham Crossroads District (as hereinafter defined) holding licenses to sell alcoholic beverages for consumption on the premises. Except as specifically set forth in this Article, all such licenses remain subject to all other provisions of this Chapter. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (Was 4-532) Sec. 4-211. - Definition of special districts. For the purposes of this Article only, the City of Milton’s Special Districts are designated as follows: the Crabapple District, Deerfield District, and Birmingham Crossroads Districts (as shown in the attached maps) are defined as follows: The area of the City identified as C1, MIX, T4, T4 Open, T4 Restricted, T5, T6, and adjacent CS transect zones in the applicable Form Based Code, excluding, in the Crabapple District, those parcels fronting Green Road and Arnold Mill Road. In the case of a licensed establishment whose main entrance is inside a special district, the entire licensed establishment shall be considered part of the special district, regardless of whether any portion of the licensed establishment is in a zoning district not included in the special district. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017; Ord. No. 18-06-360 , § 1, 6-4-2018; Ord. No. 18-08-373 , § 1, 8-20-2018 (Was 4-533) Editor's note— Ord. No. 17-05-316 , § 1, adopted May 15, 2017, changed the title of § 4-533 from "Definition of Crabapple District" to read as herein set out Sec. 4-212. - Outside consumption of alcoholic beverages permitted. Notwithstanding any other provisions in this Chapter, the following activities are specifically allowed within the City’s “Special Districts.” (a) One drink on-street limit. Any establishment licensed to sell alcoholic beverages by the drink for consumption on the premises whose entrance is located in a Special District is authorized to dispense an alcoholic beverage in a paper or plastic cup, or other container other than a can, bottle, or glass, for removal from the premises; provided, however, that no establishment shall dispense to any person more than one such alcoholic beverage at a time for removal from the premises, and no person shall remove at one time more than one such alcoholic beverage from the licensed premises. (b) Size limited to a maximum of 16 ounces. No container in which an alcoholic beverage is dispensed and removed from the licensed premises shall exceed 16 fluid ounces in size. No person shall hold in possession on the streets and sidewalks, in parks and squares, or in other public places within the defined area any open alcoholic beverage container which exceeds 16 fluid ounces in size. (c) Drinking from can, bottle, or glass prohibited. It shall be unlawful for any person to drink or attempt to drink any alcoholic beverage from a can, bottle, or glass, or to possess in an open can, bottle, or glass any alcoholic beverage on the streets, sidewalks, rights-of-way, and parking lots, whether public or private. (d) Purchase from licensed premises within defined districts. Alcoholic beverages consumed pursuant to this provision must be purchased from a licensed premises within the defined districts. A licensed premise will be deemed to be within the defined district if the entrance to the licensed premises is located within the district. (Was 534) Sec. 4-213. - Alcohol/food sales ratio for open container districts. A licensed establishment located within the defined districts shall derive a minimum of thirty (30) percent of its total annual gross food and beverage sales from the sale of prepared meals or food. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (Was 4-535) Sec. 4-214. - No abrogation of other laws. The provisions of this Article shall not be deemed to abrogate or otherwise impact any state law or local ordinance pertaining to public drunkenness, disorderly conduct, driving with an open container or under the influence of alcohol, or similar laws. ( Ord. No. 15-03-236 , § 1, 3-16-2015; Ord. No. 17-05-316 , § 1, 5-15-2017 (Was 4-536) MILTON't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: February 12, 2020 FROM: Steven Krokoff, City Manager(/ AGENDA ITEM: Consideration of An Ordinance to Amend Appendix A, Section 4-52 Related to Chapter 4 Alcoholic Beverages, of the Code of the City of Milton, Georgia. MEETING DATE: Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: („j'S'ES () NO CITY ATTORNEY REVIEW REQUIRED: (,'YES () NO APPROVAL BY CITY ATTORNEY: Q/APPROVED NOT APPROVED PLACED ON AGENDA FOR: aLl y l twLr 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltongo.us I www.cityofmiltonga.us T N NSI L ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Sarah LaDart, Economic Development Manager Date: Submitted on February 13, 2020 for First Presentation on the February 19, 2020 Regular City Council Meeting Agenda Item: Consideration of An Ordinance to Amend Appendix A, Section 4- 52 Related to Chapter 4 Alcoholic Beverages, of the Code of the City of Milton, Georgia. Department Recommendation: Approval. Executive Summary: In relationship to the proposed Chapter 4- Alcoholic Beverages rewrite, the corresponding fees in Appendix A have been updated or adjusted. This includes: • Charges for Sunday Sales • Adjusting the fee for for-profit Special Event Permits • Applying a fee for temporary licenses • Applying a fee for breweries, micro-brewehes, distilleries, and micro - distilleries • Removing brown bagging • Editing ordinance reference Funding and Fiscal Impact: None. Alternatives: None. Legal Review: Deborah Dance, Jarrard & Davis - February 12, 2020 Concurrent Review: Steve Krokoff, City Manager Affachment(s): Amended Appendix A 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info®dfyofmiltongo.us I www.cityofmiltongo.us 0000 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE-- AN RDINANCE_ AN ORDINANCE TO AMEND APPENDIX A, SECTION 4-52 RELATED TO CHAPTER 4 — ALCOHOLIC BEVERAGES, OF THE CODE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 2, 2020 at 6:00 p.m. as follows: SECTION 1. That the amendment of Appendix A, Section 4-52 Related to Chapter 4 - Alcoholic Beverages, of the Code of the City of Milton, Georgia is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 2nd day of March 2020. Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk Appendix A - FEES AND OTHER CHARGESW FEES AND OTHER CHARGES Chapter 4—Alcoholic Beverages 4-26(c)5 Specialty gift shops Flat fee $100.00/year (beer/wine) 4-26(c)b Brewery or Distillery In addition to license fees in section $500.00/year Manufacturing License 4-55(h) Brewpub, Micro -Brewery In addition to license fees in section 4-26(c)6 or Micro -Distillery 4-55(h) $250.00/year Manufacturing License 4-26(c)7 Grand Opening/Annual No fee Promotions Permit Special event pouring For currently licensed consumption 4-26(c)9a permit on premises establishments (not to $250.00 exceed 10 days in any one year) Special event pouring For non-profit civic organizations 4-26(c)9b permit (not to exceed 10 days in any one $100.00 year) 4-55(h) License fees Retail package Wine $400.00/year Beers (including growlers) $400.00/year Wine and beers $800.00/year Distilled spirits $3,000.00/year Wine, beers and distilled spirits $3,800.00/year Ancillary wine and/or beer tasting permit $50.00/year Sunday Sales $250/year Consumption on Premises Wine $650.00/year Beers $650.00/year Wine and beers $1,300.00/year Distilled spirits $3,200.00/year Wine, beers and distilled spirits $4,500.00/year Additional bar $1,000.00/year 3 Limited tap $325.00/year Incidental $100.00/year Bring your own beverage $100.00/year Ancillary wine and/or beer tasting permit $50.00/year �rewa bagging $190.00/yeer Sunday Sales $500/year 4-55(h) Prorated license fees - based on the number of months remaining in the calendar year (a partial month equals a whole month). Retail package Wine $33.33/month Beers (including growlers) $33.33/month Wine and beers $66.66/month Distilled spirits $250.00/month 3 a Wine, beers and distilled spirits $316.66/month Consumption on Premises Wine $54.16/month Beers $54.16/month Wine and beers $108.32/month Distilled spirits $266.66/month Wine, beers and distilled spirits Additional bar $375.00/month $83.33/month I Limited tap $27.08/month i Incidental $8.33/month Bring your own beverage $8.33/month $8ea##a $100.00/year 9FGWR bGggiRq 4-58 Processing fee - administrative 4-58 Processing fee - $60.00/ea/year a investigative 4-80(e) Transfer license fee $100 4-81(c) Temporary license 25% of assessed annual fee 4-99(b)1 Penalty for sale to For the first offense A minimum fine of $500.00 underage persons A minimum fine of $750.00 4-99(b)2 Penalty for sale to For the second offense in 24 -month underage persons period A minimum fine of $1,000.00 4-99(b)3 Penalty for sale to For the third offense in 24 -month underage persons period In addition to available actions, 4-99(e) Criminal penalties violators of chapter could be Not to exceed $1,000.00 charged criminal penalties 4-106(a) Excise tax on distilled 3% of the charge to the public for the spirits by the drink beverage Excise tax on all beer $6.00 per half barrel (15'/2 gallons) and produced by a brewpub, $12.00 per barrel (31 gallons), $0.05 per 12 4-107(b) brewery, or micro - ounces and a proportionate tax at the brewery same rate on all fractional parts of 12 ounces Excise tax on all liquor $0.22 per liter or [$0.0065] per ounce, and 4-107(c) produced by a distillery or a proportionate tax at the same rate on micro -distillery all fractional parts of a liter Penalty for late excise tax 4-107(d) payment on beer 10% of the tax otherwise due produced by brewpub $0.22 per liter of distilled spirits, and a 4-108(a) Wholesale excise tax on proportionate tax at the some rate on all distilled spirits fractional parts of a liter Wholesale excise tax on $0.22 per liter of wine, and a 4-108(a) proportionate tax at the same rate on all wine fractional parts of a liter 4-108(b) Wholesale excise tax on Container types beers $6.00 on each container sold containing When beers are sold in or from a not more than 15'/z gallons and a barrel or bulk container proportionate tax at the some rate on all fractional parts of 12 ounces When beers are sold in bottles, $0.05 per 12 ounces and a proportionate cans, or other containers other fax at the same rate on all fractional parts than barrel or bulk containers of 12 ounces Interest on deficiency of 4-1 10(b) wholesale or retail excise See section 4-1 10(b) tax 4-1 10(c) Penalty on deficiency 25% of the amount required to be paid due to fraud For any deficiency which is 4-111(a) Penalty for failure to file determined to be made due to 25% of the amount required to be paid return fraud, or intent to evade this chapter Any party who fails to pay the tax 4-112(b) Penalty for failure to pay herein imposed by the city, or fails 15% of the tax, or amount of the tax and tax to file any required tax return to the interest, due the city Pouring permit city, within the time required Investigative fee $60.00/year If within 30 days of original application 4-141 (c) Pouring permit date, then fee is $7.50. If after 30 days of 4-141(i) replacement original application, new application and fee must be submitted (see 4-235). 4-168( c) Craft Beer and/or Wine In addition to license fees in section $250 Market 4-55(h) 4-168(e) l Limited Service In addition to license fees in section $250 Restaurant 4-55(h) 4-170 Private clubs See section 4-55 Hotel and hotel in -room 4-171 See section 4-55 service For currently licensed consumption 4-172(c) Resident caterer permit on premises or retail package $150.00/year establishments $50.00/event 4-172(c) Non-resident caterer permit For authorized event Special events facility If facility operator serves alcoholic 4-173 See section 4-55 license beverages 4-174 Public facilities alee#el $50.00/event perrai# event license 4-175(c)1 I Farmwinery - wholesale $400.00/year 4-175(c)2 Farm winery - retail $400.00/year packages sales Farm winery - 4-175(c)3 $650.00/year consumption on premises 0 Farm winery - consumption on premises For 444" , wine and beers not produced on the farm $200/year 4-200(a) Wholesaler license fee Located within the city limits Wine $400.00/year Beers $400.00/year Wine and beers $800.00/year Distilled spirits $3,000.00/year Wine, beers and distilled spirits $3,800.00/year $100.00/year $100.00/year 4-200(b) Wholesaler license fee Located outside of the city limits Wine Beers Wine and beers $100.00/year Distilled spirits $100.00/year Wine, beers and distilled spirits $100.00/year 0 TO: FROM: MILTON* ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 Steven Krokoff, City Manager 0 AGENDA ITEM: Consideration of a Land Acquisition Agreement for Purchase of Realty between the City of Milton and GFLIRB LLC, a Delaware limited liability company, and Douglas R. Coe, an Individual, for Fulton Tax Parcel No. 22 462009610557, 13502 Providence Road (approximately 15.853 acres), for a purchase price of $72,5000 per acre. MEETING DATE: Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (J,4PPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES () NO CITY ATTORNEY REVIEW REQUIRED: (44ES () NO APPROVAL BY CITY ATTORNEY: (-�`AAPPROVED () NOT APPROVED PLACED ON AGENDA FOR: C)I/IgIzou) 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 info@cityofmiltongo.us I www.cityofmiltongo.us 0000 MILTON't ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Teresa Stickels, Conservation Project Manager Date: Submitted February 12, 2020 for the February 19, 2020 Regular City Council Meeting Agenda Item: Consideration of a Land Acquisition Agreement for Purchase of Realty between the City of Milton and GFLIRB LLC, a Delaware limited liability company, and Douglas R. Coe, an Individual, for Fulton Tax Parcel No. 22 462009610557, 13502 Providence Road (approximately 15.853 acres), for a purchase price of $72,5000 per acre. Department Recommendation: Staff recommends approval of the contract for the purchase of the above referenced Fulton County tax parcel to be paid for out of greenspace bond funds. Executive Summary: The City of Milton has already acquired an adjacent 88 -acre property, which includes half of Eads Lake, as greenspace. This proposed purchase will not only increase the current greenspace property to approximately 104 acres, it will allow the city to acquire the remainder of the lake. In addition, the acquisition of this property would allow access to the greenspace from Providence Road. The Milton Greenspace Advisory Committee (MGAC) recommended this acquisition to secure the entire lake for the purpose of protecting water quality and habitat, as well as providing the opportunity for possible future trail connection from Bethany Road to Providence Road. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: 310-6210-541100001 Requisition Total: $1,149,342.50 Financial Review: Bernadette Harvill, February 13, 2020 Legal Review: Jeff Strickland - Jarrard & Davis, February 11, 2020 Page 1 of 2 Concurrent Review: Steve Krokoff, City Manager Attachment: Contract to purchase AGREEMENT FOR SALE OF REALTY THIS AGREEMENT FOR SALE OF REALTY (the "Agreement") is made and entered into this day of , 2020, by and between the CITY OF MILTON, a Georgia municipal corporation ("Buyer"), and GFLIRB LLC, a Delaware limited liability company, and DOUGLAS R. COE, an individual (collectively referred to herein as "Seller"). 1. The Buyer agrees to buy, and the Seller agrees to sell, all that tract or tracts of land located at or near 13502 Providence Road, Milton, Fulton County, Georgia, and containing a total of 15.853 acres, more or less, as shown on Exhibit "A," attached hereto and incorporated herein by reference, and otherwise known as the following Fulton County Tax Parcel(s) 22 462009610557, and including all structures, fixtures and appurtenances attached thereto (hereinafter referred to as the "Property"). Prior to closing this transaction, Buyer shall have prepared a survey and associated plat of the Property by a licensed land surveyor and shall make same available for Seller's prior review and approval. The final survey contemplated in this paragraph shall establish the boundary of the Property. 2. Purchase Price. The purchase price of the Property shall be SEVENTY-TWO THOUSAND FIVE HUNDRED U.S. DOLLARS PER ACRE ($72,500 per acre), which, using the estimated acreage stated above, equals a purchase price of $1,149,342.50. The final purchase price will be calculated based on the number of acres as reflected on the survey to be completed by the Purchaser as provided herein and subject to the acceptance of the Seller, which shall not be unreasonably withheld. I Based on an appraisal of the Property dated August 20, 2018, by Manning Appraisal Services, LLC, the fair market value of the Property was determined to be $1,668,000.00. Seller will provide an updated appraisal by Manning Appraisal Services, LLC, no later than thirty (30) days prior to the expiration of the Due Diligence period (defined below). The Parties agree that the difference in the updated appraised fair market value price and the purchase price herein shall be considered a charitable donation from the Seller to the Buyer. Buyer agrees to execute the "Donee Acknowledgement" section of IRS Form 8283, or such form as may be appropriate under the circumstances, at closing. 3. Earnest Money. Promptly following execution of this Agreement, Buyer will pay to Seller FIFTY THOUSAND U.S. DOLLARS ($50,000.00) as earnest money to be held by Seller ("Eamest Money") until the closing, which Earnest Money shall be applied as part payment of the purchase price of the Property at the time of closing, and in the event the sale is not closed, then in that event the earnest money shall be immediately returned to Buyer, except as otherwise provided for herein. Upon execution of this Agreement, Seller shall provide a completed IRS Form W-9 (a form of which is attached hereto marked Exhibit `B") to Buyer to facilitate the processing of any and all payments hereunder, including the Earnest Money. Buyer's obligation to pay Earnest Money shall not arise until Buyer has received a completed IRS Form W-9 from Seller. 4. Due Diligence. The Buyer shall have an eighty (80) day Due Diligence period commencing immediately upon execution of this Agreement. During the Due Diligence, period, the Buyer may enter the property and may conduct geotechnical and environmental testing, including but not limited to soil borings, and may otherwise generally inspect the Property, to include surveying same, and may terminate this Agreement during the Due Diligence period with 2 or without cause, and in the event of such termination during the Due Diligence period Buyer shall receive a full refund of the Earnest Money. At the conclusion of the Due Diligence period, the Buyer's right to terminate as described in this Section shall expire. The Buyer shall have a forty-five (45) day Title Examination period commencing immediately upon execution of this Agreement. During the Title Examination period Buyer shall procure, at Buyer's cost, a written title opinion establishing that title to the Property is good, insurable, and marketable, and vested in Seller. Buyer, after examining said title opinion, shall notify Seller of any defects or unacceptable exceptions thereto at least five (5) days prior to the end of the Due Diligence period. All issues as to title defects and/or unacceptable exceptions to title shall be satisfactorily resolved by Seller prior to closing. It is agreed that such papers that may be legally necessary to carry out the terms of this Agreement shall be executed and delivered by the parties prior to closing. If the Buyer shall decline to accept the Property within the Title Examination period due to a title defect or other exception to title, then this Agreement shall be null and void, whereupon the parties hereto shall have no further rights, duties, obligations, or liabilities to one another hereunder, and Buyer shall receive a full refund of the Earnest Money. 5. Marketable Title. Seller agrees to furnish to the Buyer good, insurable, and marketable title to the Property. For the purposes of this Agreement, "good, insurable, and marketable title" shall mean fee simple ownership which is: (i) free from all claims, liens, and monetary encumbrances of any kind or nature whatsoever other than permitted exceptions expressly agreed to in writing by the Buyer; (ii) insurable by a reputable title insurance company at then -current standard rates under the standard form of ALTA owner's policy of title insurance with all standard or printed exceptions therein deleted and without exception other than for 3 permitted exceptions expressly agreed to in writing by Buyer. The Property is sold subject only to the valid and agreed upon exceptions to title disclosed to the Buyer as of the date of closing and as presented in accordance with this Agreement. The Property is presently titled in the name of Douglas R. Coe pursuant to that certain Warranty Deed from Linda M. D'Angelo and Raymond E. Robello, Jr., dated September 29,' 2000, and recorded in the real property records of the Fulton County Superior Court Clerk at Deed Book 29620, Page 121. Under that certain "Contribution Agreement" between Douglas Coe and GFLIRB, LLC, a Delaware limited liability company (the "LLC"), effective as of January 1, 2019 (a copy of which is attached hereto marked Exhibit "C" and by this reference incorporated herein), Douglas Coe assigned his interest in the Property to the LLC; however, neither the Contribution Agreement nor any other corresponding conveyance document has been recorded in the real property records. Therefore, Douglas Coe agrees to transfer, by warranty deed, his interest in the Property to the LLC at or prior to closing, which deed shall be recorded in the real property records of the Fulton County Superior Court Clerk prior to recording any conveyance documents from the LLC to the Buyer. 6. Warranty. The Seller hereby affirmatively warrants that it has no knowledge of any latent or patent physical condition(s), hazards(s) or feature(s) of, on or below the Property that will in any material way impede or frustrate the reasonable use of the Property by Buyer. 7. Closine Date. A closing shall be conducted within ten (10) days of the conclusion of the Due Diligence period described in Section 4 above, including any extensions as contemplated therein. Title to the Property shall transfer at the time of closing. At the closing, the Seller shall deliver to the Buyer a Limited Warranty Deed to the Property conveying good, insurable, and marketable title to the Property, and all of Seller's interest in mineral and 4 sub -surface rights (if any), with the hereditaments and appurtenances, to the Buyer and its assigns, in fee simple, free and clear of all liens, encumbrances, or exceptions on all or any part of the Property, except for easements, restrictions, and other exceptions of record, together with all right, title, and interest of the Seller in and to the Property. 8. Taxes. All taxes, assessments, and encumbrances which are a lien against the Property and are due and payable at the time of conveyance to the Buyer shall be satisfied by the Seller. Real estate taxes which are a lien (but are not yet due and payable) will be prorated as of the date of closing. The Seller will pay the documentary revenue stamp tax or transfer, conveyance or recordation tax, assessment or charge, if any. 9. Risk of Loss. All risk of loss or damage to the Property will pass from the Seller to the Buyer at closing. In the event that loss or damage occurs to the Property prior to closing, the Buyer may, without liability, refuse to accept the conveyance of title and receive a full refund of the Earnest Money, or it alternatively may elect to accept the conveyance of title to the Property "AS IS." The Seller shall deliver possession of the Property to the Buyer at the time of closing. 10. Right of Entry. The Buyer may enter upon the Property at reasonable times for surveying and other reasonable purposes related to this transaction from the date of execution of this Agreement, through and including the time of delivery of possession of the Property to the Buyer by the Seller. This right of entry is in addition to those Due Diligence period rights as identified in Section 4 above. The Buyer's entry upon the Property in accordance with this paragraph shall be undertaken in such a manner so as to not unreasonably interfere with Seller's ongoing operations or in such a manner as would do permanent or long-term damage to the Property. 5 11. Preservation of Property. The Seller agrees that the Property shall remain as it now is until the delivery of possession of the Property by the Seller to the Buyer, and that the Seller will prevent and refrain from any use of the Property for any purpose or in any manner which would adversely affect the Buyer's use and enjoyment of the Property in the future. In the event of such actions, the Buyer may, without liability, refuse to accept the conveyance of title and receive a full refund of the Earnest Money, or the Buyer alternatively may elect to accept conveyance of title to the Property. 12. Specific Performance. The parties agree that in the event of a breach hereof by the Seller (i.e., the refusal to execute the deed at closing or to deliver possession of the Property to the Buyer at the appointed time), damages will be inadequate, and therefore the court having jurisdiction herein may award the Buyer specific performance in lieu of damages or any other remedies allowed by law. 13. Binding Effect The agreements set forth herein are to apply to and bind the heirs, executors, administrators, successors, personal representatives and assigns of the Seller. 14. Final Agreement . This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 15. Severability. If any paragraph, subparagraph, sentence, clause, phrase, or any portion of this Agreement shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Agreement as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Agreement not held to be invalid. It is hereby C. declared to be the intent of the parties to provide for separable and divisible parts, and they do hereby adopt any and all parts hereof as may not be held invalid for any reason. 16. Governing Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Georgia, including but not limited to the Georgia Open Meetings Act (O.C.G.A. § 50-14-1 et seq.) and the Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.). 17. Public Meeting Requirement. In accordance with the Georgia Open Meetings Act, Buyer's decision to enter into this Agreement to acquire the Property must be made in an open (i.e., public) meeting where the identity of the Property and the terms of the acquisition are disclosed before the vote. See O.C.G.A. § 50-14-3(b). 18. Broker or Agent. Any broker or agent fees incurred by Seller in relation to this transaction shall be borne exclusively by the Seller. 19. Condemning Authority. The Buyer is a municipality of the State of Georgia and, as such, may exercise the power of eminent domain for any public purpose pursuant to the Georgia Constitution Art. 9, Sec. 2, Par. V, and is a "condemning authority" under Title 22 (Eminent Domain) of the Official Code of Georgia. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGES FOLLOW] 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above (the "Effective Date"), which shall be the date this Agreement is approved by the Milton City Council. SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public My Commission Expires: aS/ �4 3 SIGNED, SEALED, AND DELIVERED in the prese a of: Winn s Notary Public My Commission Expires: 1&/a -S/ a -S ,4Q • 'yi s :aoTa.RY. � Comm. Exp. GEORGIA [AOTAVY S"L2P•2023 nTUR COU.:< GFLIRB LLC, a Delaware limited liability company By: Douglas [NOTARY SEA1.1 [Signatures Continue on Following Page] 9 .10107 Agy..�s Comm. Exp. GEORGIA Mar. 25.2023 t � •. PbBUG; : • C�: [Signatures Continued from Previous Page] BUYER: CITY OF MILTON, GEORGIA By: SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public My Commission Expires: Joe Lockwood, Mayor [CITY SEAL) [NOTARY SEAL) This Agreement has been reviewed by the City Attorney for the City of Milton, Buyer, and is APPROVED AS TO FORM, JARRARD & DAVIS, LLP By: /G -Z J rey M. Strickland, City Attorneys EXHIBIT A Property Leeal Description All that tract or parcel of land lying and being located in Land Lots 912 and 961, District 2, Section 2, Fulton County, Georgia, and being more particularly described as follows: Beginning at a point in a lake at the southwest corner of Land Lot 961, said comer being the common comer of Land Lots 960, 961, 984, and 985; THENCE North 41 degrees 30 minutes 09 seconds East for a distance of 473.38 feet to a point in a lake; THENCE North 10 degrees 15 minutes 09 seconds East for a distance of 264.43 feet to a point in a lake; THENCE North 02 degrees 23 minutes 51 seconds West for a distance of 370.20 feet to a point in a lake; THENCE North 20 degrees 06 minutes 09 seconds East for a distance of 249.46 feet to a point on the lake outlet control structure; THENCE North 23 degrees 1 I minutes 56 seconds East for a distance of 44.10 feet to a point in a lake; THENCE North 02 degrees 30 minutes 56 seconds East for a distance of 42.00 feet to an iron pin set (1/2" RB); THENCE North 24 degrees 19 minutes 56 seconds East for a distance of 14.90 feet to an iron pin set (I/2" RB); THENCE North 14 degrees 07 minutes 56 seconds East for a distance of 13.50 feet to an iron pin found (1/2" RB); THENCE North 85 degrees 51 minutes 34 seconds East for a distance of 305.21 feet to an iron pin found (3/8" RB); THENCE North 59 degrees 41 minutes 44 seconds East for a distance of 409.48 feet to an iron pin found (3/8" RB); on the southwest right of way line of Providence Road (a 50' R/W); THENCE South 51 degrees 08 minutes 08.seconds East for a distance of 392.80 feet along said right of way line to an iron pin set (1/2" RIB) on the south line of Land Lot 912, said line being the common line of Land Lots 912 and 961; THENCE leaving said right of way line South 89 degrees 42 minutes 42 seconds West for a distance of 665.90 feet along said land lot line to an iron pin found (1" O/T); THENCE leaving said land lot line South 00 degrees 12 minutes 00 seconds East for a distance of 913.89 feet to an angle iron found; THENCE South 00 degrees 24 minutes 13 seconds East for a distance of 398.10 feet to an iron pin found (1" rod) on the south line of Land Lot 961, said line being the common line of Land Lots 961 and 984; THENCE North 89 degrees 38 minutes 00 seconds West for a distance of 526.67 feet along said land lot line to an angle iron found; 10 THENCE North 89 degrees 35 minutes 00 seconds West for a distance of 236.90 feet along said land lot line to a point in a lake and the point of beginning. Together with and subject to covenants, easements, and restrictions of record. Said property contains 15.853 acres and is more fully shown on a survey for Douglas R. Coe and Jacqueline S. Coe by Brumbelow-Reese and Associates, Inc., dated September 27, 2000, being their job number 2000-215, and being identified as drawing DCOE. I1 Enter your TIN r t" appropriate box. The TIN provided must match the name given on line 1 to avoid wag Request for Taxpayer Give Form to the Farm (Rev. November 2017) Identification Number and Certification requester. Do not department of the Treasury send to the IRS. Intimal Revenue Sanice ► Go to www.in.gov/FormM for instructions and the latest information. TIN, later. or 1 Name (a8 shown an yaw racoma tax retunt). Name is requited on this kne; do nor have this line blank Note: If the account is in more than one name, see the instructions for line 1. Also see What Name andEmployer identification number L1R3 LLC: Number To Give the Requester for guidelines on whose number to enter. 2 Business risme/disregarded entity name, it different frorn above - --- S' , 1 Ci _33( t, b L m a Check appropoale box for room)] tax classification of the person whose name is entered on he 1 Check only ono of the a Exemptions (codes apply miy to m 6 following seven boxes. Certain entities, ror ndivldaala, see g ❑ Indivbualtsdepropnetora ❑ CCorporelan ❑ SCorporation ❑ Partnership ❑ TruaVestate instruclims on page 3). S o s e -member LLC Exam t P paYw coda Id anYl txmterd [easily � �. comPany. Ester the tax 0263 teatan (C=C confambon S•S corlxlrabon. P=Partnership)► p `g Nota: Check the aowWoate box in the has abava fix Me tax aWswhcal.m at the segie-member owner. Do nor check Exempucr from FATCA mpo mng LLL If the LLC is classified as a singe-memoer LLC that is disregarded from the owns, unlessthe owner of the LLC ,s pods (e any[ 8 another LLC that is not disregarded from the owner far US federal tax purposes. Othew se. asingle-member LLC Ihal S2 'Sp is disregarded from me owner should crack -he appropriate box fa the tax classification of iter owner. ❑ Other (ss, inslruclwul► Caw., rc...o.+..,w+.r.awna. w u xi tyj 5 Adtlress (number, street. and apt or wits no.) Sea Inipuctions. Requester's name and sod ass [optional) y 6 City, eW4 and 21P code r 3oc.7� .. Y 7 Lis: accolmt number( we (optlonall -- Taxpayer Identification Number Enter your TIN r t" appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number Forop individuals, thisega is generally your social security number (SSN). However, fora backup wlien, sole resident alien, sole proWtetor, or disregarded entity. see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). It you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name andEmployer identification number Number To Give the Requester for guidelines on whose number to enter. r@d8Ct2(I Jndw penalties of penury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting for a number to be issued to me); ane 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been nolded by the Internai Revenue Samoa (IRS) that I am subject to backup withhoiding as a result of a failure to report all interest or dividends. or (c) the IRS has notified me :oat I am no longer subject to backup withholding; and 3. I am a U.S. ctbzm o other U.S. person (defined below) and 6. The FATCA codes) entered on this form of any) indicating lost I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the ti that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does nor appy. For mortgage interest paic, acquisition or abandonment of s9laxedpoperty, Caenation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other Man interest and dwideri , you are feQUj�e to sigi2iMefRQification, out you must provide your Correct TIN. See the instructions for Part '.I, later. Herr I Signatwe e us. parsonM e � General Instructions Section references are to the Internal RBVenL tide unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as IegWal.cr enacted after they were published, go to www.in.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to Ole an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may he your social security number (SSN), Individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATM), or employer identification number ISM, to report on an information return the amount paid to you, or other amount reportable on an information mum. Examples of nformavon returns include, but are not Invited to, the following. • Form 1099 -INT (interest earned or paid) Date oZ/(1/aaC • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) e Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Farm 1099.5 (proceeds from real estate transactions) • Farm 1099-K (merchant Card and third party network trarsdetions) • FarmFm 1098 (home mortgage interest), 1098-E Istudent loan interest), 1098-T (tuition) • Farm 1099-C (canceled debt) • Form 1099-A jacquis:tion or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident nl ern), to provide your Correct TIN. you do not return Form W-9 to the requester with a TIN, you might >cb)ect to backup wlrtnWdtrg. Sea What is backup withholding, o'er Form W -V (Rev. 11 2017) CONTRIBUTION AGREEMENT THIS CONTRIBUTION AGREEMENT ("Agreement") is made as of January 1, 2019 by and among, Douglas Coe ("investor") and GFLIRB, LLC, a Georgia limited liability company (the "Company"). Unless otherwise defined herein, capitalized terms used in this Agreement shall have the respective meanings given to them in the Limited Liability Company Third Amended and Restated Operating Agreement of the Company, dated as of January 1, 2016. WHEREAS, in order to provide additional funds for the Company, Investor desires to make an additional capital contribution to the Company; and NOW, THEREFORE, in consideration of the mutual promises, representations, warranties, covenants and conditions set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows; 1. Contributions. (a) (i) Investor hereby contributes, conveys, assigns, transfers and delivers to the Company, as a capital contribution thereto, and the Company hereby accepts, the property identified on Schedule I attached hereto. (b) (i) In exchange for its capital contribution, the Company hereby grants, issues and provides to Investor, and Investor hereby accepts, Membership Interests in the Company in an amount sufficient to bring Investor's aggregate Membership Interest to the percentage set forth on Schedule 3. (c) The Membership Interests in the Company after the issuances hereunder are as set forth on Schedule hereto. 2. Representations. (a) Authorization of investor: Enforceability Against Investor. The execution and delivery by Investor of this Agreement and the performance by Investor of all transactions and obligations contemplated hereby are within Investor's authority. This Agreement has been duly and validly authorized, executed and delivered on behalf of Investor and is the legal, valid and binding agreement of Investor enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting creditors' rights and remedies generally and to general principles of equity. (b) Authoriration of the Company, Enfitrecability Against the Company. The execution and delivery by the Company of this Agreement and the performance by the Company of all transactions and obligations contemplated hereby are within its authority. This Agreement has been duly and validly authorized, executed and delivered on behalf of the Company and is the legal, valid and binding agreement of the Company, enforceable in accordance with its terms, suhiect to applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting creditors' rights and remedies generally and to general principles of equity. (d) Investment Purposes. Investor has acquired their Membership Interest hereunder for their own respective account for purposes of investment and not with a view to resale or distribution. General provisions. (a) Further Assurances. Upon the request of either party at any time after the date hereof, the other party shall forthwith execute and deliver, without any further payment of consideration by the requesting party, such further instruments of assignment, transfer, conveyance, endorsement, direction or authorization and other documents as the requesting party or their counsel may reasonably request to effectuate the purposes of this Agreement. (b) )'artier in Interest interest. This Agreement shall be binding upon the parties hereto and their respective executors, administrators, legal representatives, heirs, distributees, legatees, successors and assigns, and nothing expressed or implied herein is intended or shall he construed to confer upon any other person any rights, remedies, obligations or liabilities under or by reason of this Agreement. (c) Entire Transaction. This Agreement and the Operating Agreement contain the entire understanding among the parties hereto with respect to the transactions contemplated hereby and supersede all other agreements and understandings between such parties with respect to such transactions. (d) Applicable Law; Jurisdiction. This Agreement shall be governed by the internal laws of the State of Georgia. The parties submit to and accept the nonexclusive jurisdiction of any court of appropriate jurisdiction of the State of Georgia and the United States of America located in Atlanta, Georgia, with respect to any action, suit or proceeding arising out of or based upon this Agreement or any matter relating hereto. Each party waives any objection that it may have to the laying of venue ht any such court. Each party agrees that service of process in any such action, suit or proceeding may be validly made upon it by certified or registered U.S. mail, postage prepaid to the address of such party given to the other parties for purpose of notice. Each of the parties hereto irrevocably waives all right to trial by jury in any action or proceeding arising out of or in any way relating to this Agreement. (c) Headings. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of any provisions hereol'. (f) Counterparts. This Agreement may be executed in multiple counterparts. Page 2 of 7 IN WITNESS WHEREOF, the .parties have executed this Contribution Agreement as of the day and year first above written, MEMBER ACKNOWLEDGEMENT: CLASS B MEMBERS: J 112 Co Irrevocable Trust Jacqueline S. Coe Trustee Douglas R. Coe Dy: Name: Title: "Investor" GFLIRB LLC, a Delaware Iim Its Sole Manager— o&;las R. Coe Page 3 of 7 SCHEDULEI Property Contribution: All that tract of land located at or near 13502 Providence Road, Milton, Fulton County, Georgia. and containing a total of 15.853 acres more or less, Fulton County Tax Parcel 22 462009610557 as described below: All that tract or parcel of land lying and being located in Land Lots 912 and 961, District 2, Section 2, Fulton County, Georgia, and being more particularly described as follows: Beginning at a point in a lake at the southwest comer of Land Lot 961, said comer being the common comer of Land Lots 960, 961, 984, and 985; THENCE North 41 degrees 30 minutes 09 seconds East for a distance of 473.38 feet to a point in a lake; THENCE North 10 degrees 15 minutes 09 seconds East for a distance of 264.43 feet to a point in a lake; THENCE North 02 degrees.23 minutes 51 seconds West for a distance of 370.20 feet to a point in a lake; THENCE North 20 degrees 06 minutes 09 seconds East for a distance of 249.46 feet to a point on the lake outlet control structure; THENCE North 23 degrees 1 I minutes 56 seconds East for a distance of 44.10 feet to a point in a lake; THENCE North 02 degrees 30 minutcs 56 seconds East for a distance of 42.00 feet to an iron pin set (1/2" R/B); THENCE North 24 degrees 19 minutes 56 seconds East for a distance of 14.90 feet to an iron pin set (1/2" RIB); THENCE North 14 degrees 07 minutes 56 seconds East for a distance of 13.50 feet to an iron pin found (1/2" R/B); THENCE North 85 degrees 51 minutes 34 seconds Fast for a distance of 305.21 feet to an iron pin found (3/8" RB); "IT4ENCE North 59 degrees 41 minutes 44 seconds East for a distance of 409.48 feet to an iron pin found (3/8" RB); on the southwest right of way line of Providence Road (a 50' R/W); THENCE South 51 degrees 08 minutes 08 seconds East for a distance of 392.80 feet along said right of way line to an iron pin set (1/2" R/B) oil the south line of Land Lot 912, said line being the common line of Land Lots 912 and 961; THENCE leaving said right of way line South 89 degrees 42 minutes 42 seconds West for a distance of 665.90 feet along said land lot line to an iron pin found (1" 0/T); THENCE leaving said land lot line South 00 degrees 12 minutes 00 seconds East for a distance of 913.89 feet to an angle iron found; Page 4 of 7 THENCE South 00 degrees 24 minutes 13 seconds Last for a distance of 398.10 feet to an iron pin found (1" rod) on the south line of Land Lot 961, said line being the common line of Land Lots 961 and 984; THENCE North 89 degrees 38 minutes 00 seconds West for a distance of 526.67 feet along said land lot line to an angle iron found; THENCE North 89 degrees 35 minutes 00 seconds West for a distance of 236.90 feet along said land lot line to a point in a lake and the point of beginning. Together with and subject to covenants, easements, and restrictions of record. The property contains 15.853 acres and is shown on a survey for Douglas R. Coe and Jacqueline S. Coe by Brumbelow-Reese and Associates, Inc., dated September 27, 2000. Page 5 of 7 MILTON*t ESTABLISHED 2006 TO: FROM: AGENDA ITEM: MEETING DATE: CITY COUNCIL AGENDA ITEM City Council DATE: February 12, 2020 Steven Krokoff, City Manager 0 Approval of a Professional Services Agreement between the City of Milton and MCCi, LLC for Scanning Services. Wednesday, February 19, 2020 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (�IAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (OES () NO CITY ATTORNEY REVIEW REQUIRED: (.YES () NO APPROVAL BY CITY ATTORNEY: (APPROVED NOT APPROVED PLACED ON AGENDA FOR: V z) 141to2o 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 0000 info@cityofmiltongo.us I www.cityofmiltonga.us HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA' MILTON ESTABLISHED 2006 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on February 10, 2020 for the February 19, 2020 Regular City Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and MCCi, LLC for Scanning Services Project Description: Over the years, the City has accumulated a significant number of records that are currently occupying rented storage units, numerous filing cabinets, and a sizable area of potential workspace on the 2nd floor of city hall. Aside from freeing up the storage space, we would like to digitize these records so they may also be safe in the event of a disaster and instantly accessible, searchable and easier to track. We have processes in place to scan our documents going forward; however, scanning the backlog of archived records is a larger project than our staff has the capacity for. MCCi, LLC is a leading provider of Laserfiche, which is the content services management platform the City currently uses. We've worked with this firm for three years for the implementation and support of Laserfiche. They offer scanning services that will provide secure document transportation, preparation, scanning, indexing and importing into our Laserfiche system. Their team also provides quality controls to ensure our documents are complete and accurate. Procurement Summary: Purchasing method used: Other (See Comment Above) Account Number: 100-1130-521200000 Requisition Total: $69,992.57 Vendor DBA: MCCi, LLC Financial Review: Bernadette Harvill, February 11, 2020 Legal Review: Sam VanVolkenburgh, 1/22/2020 Attochment(s): Professional Services Agreement with MCCi, LLC 2006 Heritage Walk Milton, GA P: 678.242.25001 F: 678.242.2499 infoOcityofmiltonga.us I w .cityofmiltonga.us MILTON'% ESTABLISHED 2006 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 20 (the "Effective Date"), by and between the CITY OF MILTON, GEORGIA, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and City Council (hereinafter referred to as the "City"), and MCCi, LLC, a Florida limited liability company, (herein after referred to as the "Consultant"), collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, City desires to retain Consultant to provide certain services in the completion of a Project (defined below); and WHEREAS, City finds that specialized knowledge, skills, and training are necessary to perform the Work (defined below) contemplated under this Agreement; and WHEREAS, Consultant has represented that it is qualified by training and experience to perform the Work; and WHEREAS, Consultant desires to perform the Work as set forth in this Agreement under the terms and conditions provided in this Agreement; and WHEREAS, the public interest will be served by this Agreement; and WHEREAS, Consultant has familiarized itself with the nature and extent of the Agreement, the Project, and the Work, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of Work. NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgements and agreements contained herein, and other good and adequate consideration, the sufficiency of which is hereby acknowledged, the Parties do mutually agree as follows: I. SCOPE OF SERVICES AND TERMINATION DATE A. Agreement. The Agreement shall consist of this Professional Services Agreement and each of the Exhibits hereto, which are incorporated herein by reference, including: Exhibit "A" —RESERVED Exhibit "13" — Consultant Response/Proposal Exhibit "C" — Scope of Work Exhibit "D" — Contractor Affidavit Exhibit "E" — Subcontractor Affidavit B. Project Description. The "Project" at issue in this Agreement is generally described as: provide one-time services for scanning the City's documents (all documents through 9/30/2019) into Laserfiche (the City's document management system). . C. The Work. The Work to be completed under this Agreement (the "Work") includes, but shall not be limited to, the work described in the Scope of Work provided in Exhibit "C", attached hereto and incorporated herein by reference. Unless otherwise stated in Exhibit "C" the Work includes all material, labor, insurance, tools, equipment, machinery, water, heat, utilities, transportation, facilities, services and any other miscellaneous items and work necessary to complete the Work. Some details necessary for proper execution and completion of the Work may not be specifically described in the Scope of Work, but they are a requirement of the Work if they are a usual and customary component of the contemplated services or are otherwise necessary for proper completion of the Work. D. Schedule, Completion Date, and Term of Agreement. Consultant understands that time is of the essence of this Agreement and warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. The term of this Agreement ("Term") shall commence as of the Effective Date, and the Work shall be completed, and the Agreement shall terminate, on or before seven (7) months from the Notice to Proceed (provided that certain obligations will survive termination/expiration of this Agreement). If the Term of this Agreement is longer than one year, the Parties agree that this Agreement, as required by O.C.G.A. § 36-60-13, shall terminate absolutely and without further obligation on the part of City on September 30 each fiscal year of the Term , and further, that this Agreement shall automatically renew on October l of each subsequent fiscal year absent City's provision of written notice of non -renewal to Consultant at least five (5) days prior to the end of the then current fiscal year. Title to any supplies, materials, equipment, or other personal property shall remain in Consultant until fully paid for by City. A. Change Order Defined. A "Change Order" means a written modification of the Agreement, signed by representatives of City and Consultant with appropriate authorization. D. Right to Order Changes. City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written Change Orders and executed by Consultant and City. Such Change Orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by City in its sole discretion, City shall have the right to determine reasonable terms, 2 and Consultant shall proceed with the changed work. C. Change Order Requirement. Any work added to the scope of this Agreement by a Change Order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written Change Order duly executed on behalf of City and Consultant. D. Authority to Execute Change Order. The City Manager has authority to execute, without further action of the Mayor or City Council, any number of Change Orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the Maximum. Contract Price, as set forth in Section III(B) below. Any such Change Orders materially altering the terms of this Agreement, or any Change Order affecting the price where the Maximum Contract Price (as amended) is in excess of $50,000, must be approved by resolution of the Mayor and City Council. Amendments shall not result in a variance in price exceeding ten percent of the original contract amount. A. Payment Terms. City agrees to pay Consultant for the Work performed and costs incurred by Consultant upon certification by City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed and, if applicable, reimbursement forcosts incurred shall be paid to Consultant upon City's receipt and approval of invoices, setting forth in detail the services performed and costs incurred, along with all supporting documents requested by City to process the invoice. Invoices shall be submitted on a monthly basis, and such invoices shall reflect costs incurred versus costs budgeted. Any material deviations in tests or inspections performed, or times or locations required to complete such tests or inspections; and like deviations from the Work described in this Agreement shall be clearly communicated to City before charges are incurred and shall be handled through Change Orders as described in Section II above. City shall pay Consultant within thirty (30) days after approval of the invoice by City staff. B. Maximum Contract Price. The total amount paid under this Agreement as compensation for Work performed and reimbursement for costs incurred shall not, in any case, exceed $70,000.00 (the "Maximum Contract Price"), except as outlined in Section II(C) above. The Work (Project l and Project 2) shall be performed for a flat fee of $64,992.57. Consultant represents that this amount is sufficient to perform all of the Work set forth in Exhibit "B". The difference between the flat fee for the Work and the Maximum Contract Price represents a budget for cost reimbursement (to be incurred only as necessary in accordance with subsection C below) and any change orders authorized by the City (in accordance with section II above). C. Reimbursement for Costs. The Maximum Contract Price set forth in Section III(B) above includes all costs, direct and indirect, needed to perform the Work and complete the Project. Consultant's,reimbursement for costs incurred shall be limited to reimbursement for additional trips beyond what is estimated for the Work, in the amount of $880 for a round trip or $450 for a one-way trip. Extra (separately reimbursable) trips shall only be performed with advance notice to and written approval from the City's representative. 3 A. Expertise of Consultant; Licenses, Certification and Permits. Consultant accepts the relationship of trust and confidence established between it and City, recognizing that City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the Work in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. Consultant shall employ only persons duly qualified in the appropriate area of expertise to perform the Work described in this Agreement. Consultant covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of Consultant by any and all national, state, regional, county, or local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, Consultant agrees that it will perform all Work in accordance with the standard of care and quality ordinarily expected of competent professionals and in compliance with all federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project, including, but not limited to, any applicable records retention requirements and Georgia's Open Records Act (O.C.G.A. § 50-18-71, et seq.). Any additional work or costs incurred as a result of error and/or omission by Consultant as a result of not meeting the applicable standard of care or quality will be provided by Consultant at no additional cost to City. This provision shall survive termination of this Agreement. B. Budgetary Limitations. Consultant agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Consultant's profession and industry. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's profession and industry, Consultant will give written notice immediately to City. C. City's Reliance on the Work. Consultant acknowledges and agrees that City does not undertake to approve or pass upon matters of expertise of Consultant and that, therefore; City bears no responsibility for Consultant's Work performed under this Agreement. Consultant acknowledges and agrees that the acceptance of Work by City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. City will not, and need not, inquire into adequacy, fitness;, suitability or correctness of Consultant's performance. Consultant further agrees that no approval of designs, plans, specifications or other work product by any person, body or agency shall relieve Consultant of the responsibility for adequacy, fitness, suitability, and correctness of Consultant's Work under professional and industry standards, or for performing services under this Agreement in accordance with sound and accepted professional and industry principles. D. Consultant's Reliance on Submissions by City. Consultant must have timely information and input from City in order to perform the Work required under this Agreement. Consultant is entitled to rely upon information provided by City, but Consultant shall provide immediate written notice to City if Consultant knows or reasonably should know that any 4 information provided by City is erroneous, inconsistent, or otherwise problematic. E. Consultant's Representative. Victor D'Aurio shall be authorized to act on Consultant's behalf with respect [INSERT NAME] to the Work as Consultant's designated representative, provided that this designation shall not relieve either Party of any written notice requirements set forth elsewhere in this Agreement. F. Assignment of Agreement. Consultant covenants and agrees not to assign or transfer any interest in, or delegate any duties of this Agreement, without the prior express written consent of City. As to any approved subcontractors, Consultant shall be solely responsible for reimbursing them, and City shall have no obligation to them. G. Responsibility of Consultant and Indemnification of City. Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. Consultant shall bear all losses and damages directly or indirectly resulting to it and/or City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless City and City's elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers (individually an "Indemnified Party" and collectively "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees and costs of defense ("Liabilities"), which may arise from or be the result of an alleged willful, negligent or tortious act or omission arising out of the Work, performance of contracted services, or operations by Consultant, any subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts or omissions Consultant or subcontractor may be liable, regardless of whether or not the act or omission is caused in part by a party indemnified hereunder; provided that this indemnity obligation shall only apply to the extent Liabilities are caused by or result from the negligence, recklessness, or intentionally wrongful conduct of the Consultant or other persons employed or utilized by the Consultant in the performance of this Agreement. This indemnity obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against an Indemnified Party, by any employee of Consultant, its subcontractor, anyone directly or indirectly employed by Consultant or subcontractor or anyone for whose acts Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the Indemnified Party(ies) shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions or omissions that occurred during the performance of this Agreement. H. Independent Contractor. Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of City. Nothing in this Agreement shall be construed to make Consultant or any of its employees, servants, or subcontractors, anemployee, servant or agent of City for any purpose. Consultant agrees to be solely responsible for its own matters relating to the time and place the Work is performed and the method used to perform such Work; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of consultants, agents or employees to complete the Work; and the payment of employees, including benefits and compliance with Social Security, withholding and all other regulations governing such matters. Consultant agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. There shall be no contractual relationship between any subcontractor or supplier and City by virtue of this Agreement with Consultant. Any provisions of this Agreement that may appear to give City the right to direct Consultant as to the details of the services to be performed by Consultant or to exercise a measure of control over such services will be deemed to mean that Consultant shall follow the directions of City with regard to the results of such services only. It is further understood that this Agreement is not exclusive, and City may hire additional entities to perforin the Work related to this Agreement. Inasmuch as City and Consultant are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee of Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. I. Insurance. (1) Requirements: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the, Work by Consultant, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Consultant shall maintain the following insurance policies with coverage and limits no less than: (a) Commercial General Liability coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence and $2,000,000 (two million dollars) aggregate for comprehensive coverage including for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (b) Commercial Automobile Liability (owned, non -owned, hired) coverage of at least $1,000,000 (one million dollars) combined single limit per occurrence for comprehensive coverage including bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Fidelity Insurance, Fidelity Bond, or similar surety bond or insurance providing protection to the City of at least $1.00,000 and covering dishonest acts of the Consultant's employees or agents. Proceeds of any Fidelity Insurance or Fidelity Bond shall be applied, first, to satisfy Consultant's indemnification obligations under this Agreement. (d) Workers' Compensation limits as required by the State of Georgia and Employers' Liability limits of $1,000,000 (one million dollars) per occurrence or disease. (If Consultant is a sole proprietor, who is otherwise not entitled to coverage under Georgia's Workers' Compensation Act, Consultant must secure Workers' Compensation coverage approved by both the State Board of Workers' Compensation and the Commissioner of Insurance. The amount of such coverage shall be the same as what is otherwise required of employers entitled to coverage under the Georgia Workers' Compensation Act. Further, Consultant shall provide a certificate of insurance indicating that such coverage has been secured and that no individual has been excluded from coverage.) (e) Commercial Umbrella Liability Coverage: $ _N/A ( ) per occurrence shall be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Commercial Automobile Liability, Employers' Liability, and Professional Liability. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City in writing so that City may ensure the financial solvency of Consultant; self-insured retentions should be included on the certificate of insurance. (4) Other Insurance Provisions: Each policy shall contain, or be endorsed to contain, the following provisions respectively: (a) General Liability Automobile Liability and (if applicable) Umbrella Liability Coverage. (i) Additional Insured Requirement. City and City's elected and appointed officials, officers, boards, commissioners, 7 employees, representatives, consultants, servants, agents and volunteers (individually "Insured Party" and collectively "Insured Parties") shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, leased, or used by Consultant; automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Nothing contained in this section shall be construed to require the Consultant to provide liability insurance coverage to any Insured Party for claims asserted against such Insured Party for its sole negligence. (ii) Primary Insurance Requirement. Consultant's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the Insured Parties. Any insurance or self-insurance maintained by the Insured Parties shall be in excess of Consultant's insurance and shall not contribute with it. (iii) Reporting Requirement. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Insured Parties. (iv) Separate Coverage. Coverage shall state that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to limits of insurance provided. (v) Defense Costs/Cross Liability. Coverage shall be provided on a "pay on behalf' basis; with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) Subrogation. The insurer shall agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (b) Workers' Compensation Coverage_ The insurer providing Workers' Compensation Coverage will agree to waive all rights of subrogation against the Insured Parties for losses arising from Work performed by Consultant for City. (c) All Coverages. F:3 (i) Notice Requirement. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, or canceled except after thirty (30) calendar days prior written notice (or 10 calendar days if due to non-payment) has been given to City. City reserves the right to accept alternate notice terms and provisions, provided they sleet the minimum requirements under Georgia law. (ii) Starting and Ending Dates. Policies shall have concurrent starting and ending dates. (iii) Incorporation of Indemnification Obligations. Policies shall include an endorsement incorporating the indemnification obligations assumed by Consultant under the terns of this Agreement, including but not limited to Section IV(G) of this Agreement. (5) Acceptability of Insurers: The insurance to be maintained by Consultant must be issued by a company licensed or approved by the Insurance Commissioner to transact business in the State of Georgia. Such insurance policies shall be placed with insurer(s) with an A.M. Best Policyholder's rate of no less than "A-" and with a financial rating of Class VII or greater. The Consultant shall be responsible for any delay resulting from the failure of its insurer to provide proof of coverage in the proscribed form. (6) Verification of Coverage: Consultant shall furnish to City for City approval certificates of insurance and endorsements to the policies evidencing all coverage required by this Agreement prior to the start of work. Without limiting the general scope of this requirement, Consultant is specifically required to provide an endorsement naming City as an additional insured when required. The certificates of insurance and endorsements for each insurance policy are to be on a form utilized by Consultant's insurer in its normal course of business and are to be signed by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. City reserves the right to require complete, certified copies of all required insurance policies at any time. Consultant shall provide proof that any expiring coverage has been renewed or replaced prior to the expiration of the coverage. (7) Subcontractors: Consultant shall either (1) ensure that its insurance policies (as described herein) cover all subcontractors and the Work performed by such subcontractors or (2) ensure that any subcontractor secures separate policies covering that subcontractor and its Work. All coverage for subcontractors shall be subject to all of the requirements stated in this 0 Agreement, including, but not limited to, naming the Insured Parties as additional insureds. (8) Claims -Made Policies: Consultant shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later, and have an effective date which is on or prior to the Effective Date. (9) City as Additional Insured and Loss Payee: City shall be named as an additional insured and loss payee on all policies required by this Agreement, except City need not be named as an additional insured and loss payee on any Professional Liability policy or Workers' Compensation policy. (10) Progress Payments: The making of progress payments to Consultant shall not be construed as relieving Consultant or its subcontractors or insurance carriers from providing the coverage required in this Agreement. J. Employment of Unauthorized Aliens Prohibited — E -Verify Affidavit. Pursuant to O.C.G.A. § 13-10-91, City shall not enter into a contract for the physical performance of services unless: (1) Consultant shall provide evidence on City -provided forms; attached hereto as Exhibits "D" and "E" (affidavits regarding compliance with the E - Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Consultant's subcontractors have registered with, are authorized to use and use the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91, and that they will continue to use the federal work authorization program throughout the contract period, or (2) Consultant provides evidence that it is not required to provide an affidavit because it is an individual (not a company) licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing. Consultant hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "D", and submitted such affidavit to City or provided City with evidence that it is an individual not required to provide such an affidavit because it is licensed and in good standing as noted in sub -subsection (2) above. Further, Consultant hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (1RCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. In the event Consultant employs or contracts with any subcontractor(s) in connection with the covered contract, Consultant agrees to secure from such subcontractor(s) attestation of the 1D1 subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "E", whish subcontractor affidavit shall become part of the Consultant/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is an individual licensed and in good standing as noted in sub -subsection (2) above. If a subcontractor affidavit is obtained, Consultant agrees to provide a completed copy to City within five (5) business days of receipt from any subcontractor. Where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of Consultant's and Consultant's subcontractors' verification process at any time to determine that the verification was correct and complete. Consultant and Consultant's subcontractors shall retain all documents and records of their respective verification process for a period of five (5) years following completion of the contract. Further, where Consultant is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with City, Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. Consultant's failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and Consultant shall be liable for all damages and delays occasioned by City thereby. Consultant agrees that the employee -number category designated below is applicable to Consultant. [Information only required if a contractor affidavit is requited pursuant to O.C.G.A. § 13-10-91.] 500 or more employees. 100 or more employees. X_ Fewcr than 100 cmployccs. Consultant hereby agrees that, in the event Consultant employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of state and federal law, and shall be construed to be in conformity with those laws. (1) Records: (a) Books, records, documents, account legers, data bases, and similar materials relating to the Work performed for City under this Agreement ("Records") shall be established and maintained by Consultant in accordance with applicable law and requirements prescribed by City with respect to all matters covered by this Agreement. Except as otherwise authorized or required, such Records shall be maintained for at least three (3) years from the date that final payment is made to Consultant by City under this Agreement. Furthermore, Records that are the subject of audit findings shall be retained for three (3) years or until such audit findings have been resolved, whichever is later. (b) All costs claimed or anticipated to be incurred in the performance of this Agreement shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, Consultant shall furnish to City any and all Records in the form requested by City. All Records provided electronically must be in a format compatible with City's computer systems and software. (3) Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, Consultant shall make available to City or City's representative(s) for examination all Records.. Consultant will permit City or City's representative(s) to audit, examine, and make excerpts or transcripts from such Records. Consultant shall provide proper facilities for City or City's representative(s) to access and inspect the Records, or, at the request of City, shall make the Records available for impcction at City's office. Further, Consultant shall permit City or City's representative(s) to observe and inspect any or all of Consultant's facilities and activities during normal hours of business for the purpose of evaluating Consultant's compliance with the terms of this Agreement. In such instances, City or City's representative(s) shall not interfere with or disrupt such activities. L. Ethics Code; Conflict of Interest. Consultant agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. Consultant certifies that to the best of its knowledge no circumstances exist which will cause a conflict of interest in performing the Work. Should Consultant become aware of any circumstances that may cause a conflict of interest during the Term of this Agreement, Consultant shall immediately notify City. If City determines that a conflict of interest exists, City may require that Consultant take action to remedy the conflict of interest or terminate the 12 Agreement without liability. City shall have the right to recover any fees paid for services rendered by Consultant when such services were performed while a conflict of interest existed if Consultant had knowledge of the conflict of interest and did not notify City within five (5) business days of becoming aware of the existence of the conflict of interest. Consultant and City acknowledge that it is prohibited for any person to offer, give, or agree to give any City employee or official., or for any City employee or official to solicit, demand, accept, or agree to accept from another person, a gratuity of more than nominal value or rebate or an offer of employment in connection with any decision, approval, disapproval;, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or: subcontract, or to any solicitation or proposal therefor. Consultant and City further acknowledge that it is prohibited for any payment, gratuity, or offer of employment to be made by or on behalf of a sub -consultant under a contract to the prime Consultant or highertier sub - consultant, or any person associated therewith, as an inducement for the award of a subcontract or order. M. Confidentiality. Consultant acknowledges that it may receive confidential information of City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. Consultant agrees that confidential information it learns or receives or such reports, information, opinions or conclusions that Consultant creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of City. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Consultant acknowledges that City's disclosure of documentation is governed by Georgia's Open Records Act, and Consultant further acknowledges that if Consultant submits records containing trade secret information, and if Consultant wishes to keep such records confidential, Consultant must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto_ N. Key Personnel. All of the individuals identified in Exhibit "F", attached hereto, are necessary for the successful completion of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Consultant's Project Manager or members of the Projectteam, as listed in Exhibit "F", without written approval of City. Consultant recognizes that the composition of this team was instrumental in City's decision to award the Work to Consultant and that compelling reasons for substituting these individuals must be demonstrated for City's consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this paragraph shall constitute a material breach of Consultant's obligations under this Agreement and shall be grounds for termination. 13 O. Meetings. Consultant is required to meet with City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the Tei7n of this Agreement at no additional cost to City. Meetings will occur as problems arise and will be coordinated by City. City shall inform Consultant's Representative of the need for a meeting and of the date, time and location of the meeting at least three (3) full business days prior to the date of the meeting. Face-to-face meetings are desired. However, at Consultant's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or failure to make a good faith effort to resolve problems, may result in termination of this Agreement for cause. P. Authority to Contract. The individual executing this Agreement on behalf of Consultant covenants and declares that it has obtained all necessary approvals of Consultant's board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Consultant to the terms of this Agreement, if applicable. Q. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, work product and other materials, including, but not limited to, those in electronic form, prepared or in the process of being prepared for the Work to be performed by Consultant ("Materials") shall be the property of City, and City shall be entitled to full access and copies of all Materials in the form prescribed by City. Any Materials remaining in the hands of Consultant or subcontractor upon completion or termination of the Work shall be delivered immediately to City whether or not the Project or Work is commenced or completed; provided, however, that Consultant may retain a copy of any deliverables for its records. Consultant assumes all risk of loss, damage or destruction of or to Materials. If any Materials are lost, damaged or destroyed before final delivery to City, Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to City, and Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. R. Nondiscrimination. In accordance with Title VI of the Civil Rights Act of 1964; as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Fedcral law, Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this paragraph in every subcontract for services contemplated under this Agreement. A. Right of Entry. City shall provide for right of entry for Consultant and all necessary equipment as required for Consultant to complete the Work; provided that Consultant shall not unreasonably encumber the Project site(s) with materials or equipment. B. City's Representative. Britten Wilson shall be authorized to act on City's behalf 14 with respect to the Work as City's designated representative on this Project; provided that any changes to the 'Work or the terms of this Agreement must be approved as provided in Section II above. aflln' ` h :_.1 k A. For Convenience. City may terminate this Agreement for convenience at any time upon providing written notice thereof at least seven (7) calendar days in advance of the termination date. D. For Cause. Consultant shall have no right to terminate this Agreement prior to completion of the Work, except in the event of City's failure to pay Consultant within thirty (30) calendar days of Consultant providing City with notice of delinquent payment and an opportunity to cure. In the event of Consultant's breach or default under this Agreement, City may terminate this Agreement for cause. City shall give Consultant at least seven (7) calendar days' written notice of its intent to terminate the Agreement for cause and the reasons therefor. If Consultant fails to cure the breach or default within that seven (7) day period, or otherwise remedy the breach or default to the reasonable satisfaction of City, then City may, at its election: (a) in writing terminate the Agreement in whole or in part; (b) cure such default itself and charge Consultant for the costs of curing the default against any sums due or which become due to Consultant under this Agreement; and/or (c) pursue any other remedy then available, at law or in equity, to City for such default. C. Statutory Termination. In compliance with O.C.G.A. § 36-60-13, this Agreement shall be deemed terminated as provided in I(D) of this Agreement. Further, this Agreement shall terminate immediately and absolutely at such time as appropriated or otherwise unobligated funds are no longer available to satisfy the obligation of City. D. Payment Ui)on Termination. Upon termination, City shall provide for payment to Consultant for services rendered and, where authorized, expenses incurred prior to the termination date; provided that, where this Agreement is terminated for cause, City may deduct from such payment any portion of the cost for City to complete (or hire someone to complete) the Work, as determined at the time of termination, not otherwise covered by the remaining unpaid Maximum. Contract Price. E. Conversion to Termination for Convenience. If City terminates this Agreement for cause and it is later determined that City did not have grounds to do so, the termination will be converted to and treated as a termination for convenience under the terms of Section VI(A) above. F. Reguirements Upon Termination. Upon termination, Consultant shall: (1) promptly discontinue all services, cancel as many outstanding obligations as possible, and not incur any new obligations, unless the City directs otherwise; and (2) promptly deliver to City all data, drawings, reports; summaries, and such other information and materials as may have been generated or used by Consultant in performing this Agreement, whether completed or in process; in the form specified by City. G. Reservation of Rights and Remedies. The rights and remedies of City and 15 Consultant provided in this Article are in addition to any other rights and remedies provided under this Agreement or at law or in equity. A. Entire Agreement. This Agreement, including any exhibits hereto, constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral. or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written Change Order (as provided in Section II above) or otherdocument signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties. C. Governing Lady. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to choice of law principles. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, or the U.S. District Court for the Northern District of Georgia — Atlanta Division, and Consultant submits to the jurisdiction and venue of such court. D. Captions and Severability. All headings herein are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement, or in any way affect this Agreement. Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts, or portions that may for any reason be hereafter declared in valid. E. Business License. Prior to commencement of the Work to be provided hereunder, Consultant shall apply to City for a business license, pay the applicable business license fee, and maintain said business license during the Term of this Agreement, unless Consultant provides evidence that no such license is required. F. Notices. (1) Communications Relating to Day -to -Day Activities. All communications relating to the day-to-day activities of the Work shall be exchanged between City's Representative (named above) for. City and Consultant's Representative (named above) for Consultant. 16 (2) Official Notices. All other notices, requests, demands, writings, or correspondence, as required by this Agreement, shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith. NOTICE TO CITY shall be sent to: Procurement Manager City sof Milton, Georgia 2006 Heritage Walk. Milton, Georgia 30004 NOTICE TO CONSULTANT shall be sent to: MCCi, LLC 1958A Commonwealth Ln Tallahassee, FL 32303 G. Waiver of Agreement. No failure by City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Consultant with this Agreement, and no custom or practice of City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect City's right to demand exact and strict compliance by Consultant with the terms and conditions of this Agreement. Further, no express waiver shall affect any Term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. H. Survival. All sections of this Agreement which by their nature 'should survive termination will survive termination, including, without limitation, confidentiality obligations and insurance maintenance requirements. I. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. J. Sovereign Immunity; Ratification. Nothing contained in this Agreement shall be construed to be a waiver of City's sovereign immunity or any individual's qualified, good faith or official immunities. Ratification of this Agreement by a majority of the Mayor and City Council shall authorize the Mayor to execute this Agreement on behalf of City. K. No Personal Liability. Nothing herein shall be construed as creating any 17 individual or personal liability on the part of any of City's elected or appointed officials, officers, boards, commissions; employees, representatives, consultants, servants, agents, attorneys or volunteers. No such individual shall be personally liable to Consultant or any successor in interest in the event of any default or breach by City or for any amount which may become due- to Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers, or directors to any personal contractual liability; except where Consultant is a sole proprietor. The Parties agree that, except where Consultant is a sole proprietor, their sole and exclusive remedy, claim, demand or suit for contractual liability shall be directed and/or asserted only against Consultant or City, respectively, and not against any elected or appointed official, officers, boards, commissions, employees, representatives, consultants, servants, agents, attorneys and volunteers. L. Counteri2arts; Agreement Construction and Interpretation. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Consultant represents that it has reviewed and become familiar with this Agreement and has notified City of any discrepancies, conflicts or errors herein. In the event of a conflict in the terms of this Agreement and/or the exhibits attached hereto, the terms most beneficial to City shall govern. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the interest of brevity, the Agreement may omit modifying words such as "all" and "any' and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. Words or terms used as nouns in the Agreement shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires contrary meaning. M. Force Maieure. Neither City nor Consultant shall be liable for its respective non - negligent or non -willful failure to perforin or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond its respective rcasonablc control; (ii) any act of God; (iii) any changc in applicable; governmcntal rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire; explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of CONSULTANT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. N. Material Condition. Each term of this Agreement is material, and Consultant's breach of any term of this Agreement shall be considered amaterial breach of the entire Agreement and shall be grounds for termination or exercise of any other remedies available to City at law or in equity. 18 IN WITNESS WHEREOF City and Consultant have executed this Agreement, effective as of the Effective Date first above written. 19 CONSULTANT: MCCi, LLC Signature: Victor D'Aurio _, : µ• //"n Print Name: Victor D'Aurio Title: COO Member/Manager (LLC) Attest/Witness: Signature: Print Name:;�}wr y Title: r (Assistant) C;brporate Secretary (required if corporation) Attest: Signature: Print Name: Title: City Clerk Approved as to form: City Attorney CITY OF MILTON, GEORGIA By: Joe Lockwood, Mayor 20 [CITY SEAL] RESERVED. Consultant has been selected as "brand name" purchaser without formal solicitation because it currently manages the Laserfiche software for the City and in that capacity is uniquely positioned to integrate the scanned files into its current workload relating to the software. No Text Prepared For: Milton, GA Presented By: Mike Beaudreau SCANNING SOLUTION Issued: January 9, 2020 TY(CCi CORPORATE OFFICE Sales Department 1958A Commonwealth Lane • Tallahassee, FL 32303 Phone (800) 342-2633 • Fax (850) 564-7496 January 9, 2020 Mr. Britten Wilson City of Milton 2006 Heritage Walk Milton, GA 30004 Dear Mr. Britten: MICHAEL BEAUDREAU Account Executive Atlanta, Georgia Office 855-9159 • mbeaudreau@mccinnovations.com Thank you for allowing me to work with you regarding our Digitization services. While reviewing the enclosed Proposal, please keep in mind the following advantages of being a MCCi Client: Experience - MCCi was created by Municipal Code Corporation to focus on innovative solutions for the public sector. MCCi has been providing scanning, indexing, and conversion services to entities including Cities, Counties, State Agencies, Special Districts, School Districts, Law Enforcement, and more for over 15 years. We have completed hundreds of projects and have a long list of satisfied Clients. Client Commitment — We are committed to making sure your project is done right. If the quality of our work is not what you expect, we fix it. Our Clients come first. Safe & Secure — All Scanning Division staff go through HIPAA and CJIS training for sensitive documents. Sensitive data is stored and accessed using several levels of security. Leading Provider — MCCi is the leading provider of Laserfiche in the world and a Laserfiche Gold VAR. Even if you don't have Laserfiche, we know document management and can help make sure you are able to leverage your digital documents. Complete Solutions — In addition to converting documents, we provide solutions for document management, business process improvement, and managing public records requests. We are passionate about helping our Clients go paperless and improve overall efficiency. Working with a single partner can help reduce costs and improve project outcomes. If you have any questions concerning our proposal or desire additional information, please do not hesitate to contact me. We appreciate your interest and hope that we will have the pleasure of working with you. Sincerely, Michael Beaudreau Account Executive EXECUTIVE SUMMARY OUR HISTORY Our story goes back to the 1950s, as a one-man operation, for the sole purpose of codifying municipal laws and ordinances and printing this material. George Langford, the founder of Municode, was a true pioneer. He bought the first copy machine in Florida and carried it from city to city in the trunk of his Buick. Fast forward 65 years and look at us now! MCCi is committed to leading the industry, staying abreast of technology and focusing on the needs of our clients so that everyone — our clients and our employees — may grow. OUR CULTURE We are fanatical about client success. Success starts with our eagerness to understand our client's goals. We understand that excellent service, client education and follow up are all part of the successful life cycle. We don't just want to date our clients. We demand every member of our team understand and practices the foundation of a long-term relationship: communication, caring, and commitment. We innovate and evolve. Our growth initiatives are based on what our clients need and where they are headed. We understand that we must continuously evolve and improve to support our clients. OUR TEAM MCCi is a leading provider of digitization services in the nation. With scanning facilities throughout the U.S., coupled with our on-site scanning services, we have the capabilities to handle projects large and small. We are not just your scanning service provider. We are consultants who can draw from more than 15 years of experience to provide customized solutions. CLIENT RELATIONS From the beginning, we take the time to learn about your organization's needs to provide you with top-notch service to help you achieve your goals. Your account executive will assist in managing customer service communication through the life of the product. PROJECT MANAGEMENT When it is time to start your project, we will introduce you to your project team. During this introduction, the team will discuss the project objectives, the anticipated timeline, and answer any questions. PRODUCTION TEAM From document preppers, indexers to scanning operators and quality control, our team members have extensive experience in the digitization process. The team follows specific project guidelines for each step of the process, ensuring quality and accuracy. LEADERSHIP You can rest assured that our company stands behind our work. Our scanning division managers, chief operating officer, and even our president is available to handle escalated issues to make sure every client is satisfied. We listen to our client's needs and always make that our number one priority. No Text WHY NOW IS THE TIME STORAGE SPACE Large quantities of paper documents and records can take up valuable office space and limit the ability to run your department. If you utilize off-site storage, scanning your documents can save you money on retrieval requests and storage fees. By digitizing your files, you can save space, money, and time. DISASTER PREPAREDNESS Moving to electronic files can be an important part of your disaster preparedness and business continuity plan. Scanned documents provide backup copies of your files in an easily portable digital format. This provides extra assurance that you will be able to access your information in the event of a disaster. TRACKING & SHARING Scanning your documents and records can help you share the information instantly with staff and clients at any location. Electronic files can eliminate the need for costly reproduction, mailing, and are easier to track. Search, find, and share your documents in minutes instead of hours. SCANNING SERVICES RECORDS TYPES Documents come in countless formats from letter or legal size, to large format. Don't forget about microfilm, microfiche, and bound books! PICKUP & SHIPPING Scanning facilities located throughout the U.S. provide easy pick-up or shipping of records. FLEXIBLE SCHEDULES Monthly, quarterly, and annual scanning schedules are available. ACCESS TO RECORDS While records are in MCCI's possession, you can request a copy of any documents and typically fulfilled within 24 -hours. SAFE & SECURE Our facility maintains HIPAA and OIS certifications for working with sensitive records. Our team is trained in document handling procedures to ensure that your records are processed with care. LASERFICHE EXPERTS As the top Laserfiche provider in the world, MCCi can integrate the scanned documents with your Laserfiche solution to provide a powerful index retrieval search engine. QUALITY CONTROL IS OUR TOP PRIORITY From the time we receive your documents until the project is complete, we treat your documents as if they are our own. We understand the care needed to ensure that documents are properly preserved. SECURE DOCUMENT TRANSPORTATION We can provide pickup and transportation of the documents to our secure production facility. All documents have a high-level inventory checkpoint, carefully loaded on our truck, signed by the driver, and transported to our secure facility. Upon arrival, a manager will verify and sign for the documents. Each project will be inventoried into our facility, labeled, and secured until the project process begins. PREPARATION Our preparation team prepares the documents for scanning according to the clearly defined project specifications, agreed upon with MCCi and our client. Document preparation can include removing staples and otherwise preparing the documents and large format drawings for scanning. The prep team is assigned specific work and focused on one project to ensure accuracy. SCANNING After preparation is complete, our scanning team receives documents ready to be scanned. We prepare scanner settings, proper document separation, and ensure the document batch is ready to be digitized. Images are reviewed during the scanning process for clarity and page capture for proper standards. Our clients review the first batch of scanned images to verify quality meets their expectations. Scanners are inspected and regularly maintained to ensure proper working order. INDEXING Before we start your project, we will have consultations to understand your complete indexing needs. Verifying the correct metadata associated with your documents can be critical to the success of the project. Our indexing team follows specific instructions based on the client's project. IMPORT OF RECORDS MCCi offers import services to ensure that scanned records can be easily imported into the client's system, decreasing the workload on the Client. Our team is experts on importing records, Laserfiche best practices, architecture standards, and templates/metadata. QUALITY ASSURANCE IS A TEAM EFFORT Our production team follows a proven process specifically designed to review and monitor the quality of the client's information throughout the entire process. As the work passes through each phase, it is quality checked randomly by the unit. Upon reaching the final phase, we produce a quality product that multiple team members have reviewed to look for missing, blank, or rotated pages and other issues. Upon receipt of delivery from MCCi, we encourage our clients to conduct their own quality assurance inspection to ensure accuracy and quality: • Verify general contents of the returned shipment • Spot check documents to assure proper order according to project specifications • Validate physical images match digital images • Let MCCi know promptly of any found errors or issues. SCANNING SOLUTION SCOPE OF SERVICES AND PROJECT PRICING The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic documents to be converted. PROJECT SCOPE 1 — All estimates are based on information provided by the Client General Description Document Size: Department: Document Types: Document Count: Image Count: Images Per Document: Document Preparation: Current Storage Method: Condition of documents: Large Format up to 42" wide Development Various 1,221 61,038 Approximately 50 Boxes with rolls Good Condition Image Processing & Indexing DPI & Color: 300 DPI, Black & White Number of Index Fields: Up to 3 Fields Document Naming Convention: TBD Fields to be Indexed: TBD Optical Character Recognition: Included Image Output Method of Delivery: Secure FTP Transfer Output Type: Laserfiche Briefcase ® Material Handling Shipping Logistics: MCCi Pickup Shipping & Delivery Terms: Up to 1 shipment (if job is broken up, volume pricing must be also) Special notes: Any corrections such as rescans or indexing changes must be brought to MCCi's attention within 90 days of the date that MCCi delivers the data to the Client. Corrections will not be made after 90 days. MCCi I Page 8 of 13 ®]ECT SCOPE 2 — All estimates are based on information provided by the Client 0 General Description Document Size: Regular up to 11" x 17" Department: Development/ General Office Document Types: Various Document Count: 1,757 Image Count: 87,825 Images Per Document: Approximately 50 Document Preparation: Current Storage Method: Boxes Condition of documents: Good Condition 0 Image Processing & Indexing DPI & Color: 300 DPI, Black & White Number of Index Fields: Up to 3 Fields Document Naming Convention: TBD Fields to be Indexed: TBD Optical Character Recognition: Included 15 Image Output Method of Delivery: Secure FTP Transfer Output Type: Laserfiche Briefcase Material Handling Shipping Logistics: MCCi Pickup Shipping & Delivery Terms: Up to 1 shipment (if job is broken up, volume pricing must be also) Special notes: Any corrections such as rescans or indexing changes must be brought to MCCi's attention within 90 days of the date that MCCi delivers the data to the Client. Corrections will not be made after 90 days. CCi I Page 9 of 13 PROJECT PRICING Project 1 — Conversion of Documents estimated cost $68,168.99 Excess Images @ $1.12 Project 2 — Conversion of Documents estimated cost $14,720.03 Excess Images @ $0.142 Project Discount ($17,896.45) TOTAL ESTIMATED PROJECT COST $64,992.57 Any additional trips would be $ 880 each round-trip or $ 450 one way. PAYMENT & BILLING TERMS MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon receipt of an invoice. ALL QUOTES EXPIRE IN 30 DAYS NCPA Pricing: The pricing and terms in this contract are derivative of the "Not -To -Exceed" digitization rates that were competitively sourced through the National Cooperative Purchasing Alliance (NCPA). The rates and terms listed are based upon the complexity and volume of the project(s) outlined in this contract. The rates listed may be applied to additional projects that haven't been specifically outlined in this contract, but MCCi reserves the right to verify the complexity of those projects and if needed modify the rates accordingly. MMI Page 10 of 13 MCCi, a Limited Liability Company, which is duly organized and existing under the laws of the State of Florida, hereinafter referred to as MCO, hereby offers tile Laserfiche Software & Services to the CITY OF MILTON, GA, a corporation duly organized and existing under state law, hereinafter referred to as the Client, according to the following terms and conditions. MCCI DOCUMENT SERVICES — INDEXING SERVICES. Once PICO has received your documents, the following process will occur according to the terms laid out in MCO's pricing proposal and may vary according to services selected. CONSULTATION. A Consultation will be scheduled via a telephone conference after receipt of signed contract. 'This consultation is designed to go over the following: the signed contract and terms, folder structure, current searching methods, document naming scherne, document preparation requirements, and document shipment and/or pick up. DOCUMENT PREPARATION. If you decide to send paper documents, to MCCi, the process of document preparation begins with removing any materials that may prohibit the document from being fed through the scanner (i.e. Removal Of docurnentss from file folders, Removal of staples, paperclips, tape, clips, etc) and is described as Document Preparation. Upon completion of scanning, MCG will organize the documents into their original order as received from the Client but not placed back into their file folders or reprepped unless specifically stated otherwise in the project scope. DOCUMENT ORGANIZATION & INDEXING. Based on the scope of the project arid outcome of your consultation, MCCi will organize and index your documents. Each project will have its own required organization and indexing requirements. Our project management team will work with the Client to identify those requirements. Prior to project kickoff we will send the Client example template cards and file -tree structure for their approval. Or, if the Client already has existing Laserfiche template cards created for a specific document series, they can send us that template via Laserfiche Briefcase. DOCUMENT QUALITY CONTROL. MCCi performs a thorough quality control process after the job has been completed. Steps are taken to ensure documents have been Captured, the quality of the scanned images are comparable to the originals, and manual indexing errors have been corrected. Even with the best quality control processes, there are going to be occasional errors that go uncorrected. MCCi's acceptable error rate will be less than 0.5% for the overall project, unless otherwise stated in writing. MCCi cannot be accountable for records not reflected in original inventory report as provided by Client. MCCi will correct only those valid discrepancies above the acceptable error rate reported within 90 days after delivery of electronic data to Client. DOCUMENT STORAGE. MCO's facilities contain secure rooms for hardcopy "work in progress" document storage. MCCi will arrange for the return of hardcopy document,; to the client after completion of scanning. If documents reside at mcci facilities for a period longer than 90 days after converted electronic data is delivered to client storage charges of $2.50 per cubic foot per month will apply. DATA STORAGE MCC! is not responsible for maintaining a copy of Client data, with the exception of Clients who contractually and on a recurring basis, utilize MC11"s Online Document Hosting Services. MCCi periodically reviews and deletes Client data from previous projects. The timing of the periodic review and deletion of data is at MCCi's discretion. MCO recognizes that for records retention and security compliance, the Client may require MCCi to delete copies of it's data prior to MCO's process of deleting data; If -so, the Client is responsible for making the request in writing and for obtaining confirmation of data deletion. ENTERPRISE WIDE SCANNING SERVICES. In accordance with the terms and conditions herein, MCCi can provide any department in the organization with scanning services for documents other than those described in this pricing proposal, All costs are volume based and can be provided upon request. PICO will consult with each department interested in beginning their own project to determine individual scanning and indexing needs. MICROFILM & FICHE CONVERSION SERVICES. MCCi offers electronic conversion services for rnicrohlin, microfiche, and aperture. cards. I he Client will provide MCO with data to be converted to electronic format. MCCi will extract the images contained on the filen/fiche and migrate them to Laserfiche or to another industry standard format as requested by the Client. The images will be captured based upon the reduction ratio and threshold between the beginning and ending of new images on the original film. MCCI is not responsible for the accuracy of existing image quality, such as black borders, skewed images, blurry images, non -legible images, or other errors that are not controllable by MCCi. Unless otherwise specified in the project scope, MCCi will index by the roll/card number or unique identifier. LASERFICHE SEARCH ENGINE MEDIA. If included in the Scope of Services, MCCi will integrate the docurnents with the LaserFiche Software to provide the Client with the most powerful index retrieval search engine available with the following features: intuitive browse window, index cards, and full text word search. MCC] will provide the Client with the appropriate media containing all documents scanned and integrated with Laserfiche. ONLINE DOCUMENT HOSTING. MCCi will post the documents to the web for a minimal annual fee. MCCi provides the Client with a direct link which can then be linked to the Client's website for public access if desired. Docurnent storage cost is determined upon actual image count. All documents on the site are integrated with a search engine, and updates are incorporated as the database is amended. PROJECT TIMELINE. MCCi will complete and deliver the project within the predetermined project firrieline as agreed upon with the Client. Should MCCi require additional time, the Client will be notified immediately. DOCUMENT TRAN5PORTATION. lilt: CIMIL 1',, ltqU1lCd to POLKogt, d1l rilattridb per r1cul's 111sLlllctfoli prior to Unlivery of 11TOW11,1b LO Mk -Ll mUlloc,". it Inc Client chooses to utilize MCQ,, pick up and delivery service (offered in select states), pricing is based on picking up the entire project described in the scope of services in one shipment. At the tirne Of updating or if additional trips are, required due to the Client not having all the documents ready for pick up, additional charges will be applied. If the Client chooses to ship via a certified carrier, the Client incurs all shipping costs. PRICING. Charges apply on a per project basis and are dependent upon size and volume of documents. MCCI requires having the entire project in bulk, rather than in small quantities. Breaking the project into smaller quantities will affect the volume pricing, and additional charges per image may apply. A sample may be required prior to confirming large volume job pricing. UNANTICIPATED DOCUMENT TYPES & SIZES. The prices quoted are made with the expectation that Client will properly prepare and annotate materials for scanning bureau use and that documents are consistent: with the description provided in the scope of services. If documents are not as initially represented, additional charges will apply. MCCi will call for authorization to proceed with the project. LASERFICHE SYSTEM CLIENTS. Due to requirements by Laserfiche systems regarding the importing of images and indexing information, it is highly recommended that Clients who already have a Laserfiche system have their documents scanned using only Laserfiche software. This will ensure that all associated indexing information will be properly retained after the importing of images into the Laserfiche system. MCCi has knowledge of the software versions, indexing requirements, and compatibility issues for each of our Laserfiche system Clients. For these reasons, MCCi should be considered as a Preferred/Best Value provider for scanning services. Additionally, Laserfiche System Clients are required to supply MCCi with a Laserfiche Briefcase of their current folder/template structure, prior- to each scanning project / updates to existing projects. MCCI CERTIFIED PARTNERS. MCCi maintains partnerships for the purpose of additional capacity and flexibility in meeting Client expectations. In the event partners are used for a project, the management and support of the project is handled directly by MCCI.. Physical document-- will never leave the United States, but our partners may utilize offshore resources to handle document indexing, quality control, and other processes. MM I Page 11 of 13 AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS. MCCi agrees to allow any other Government agency to purchase items at the same terms, conditions and pricing as this contract during the period of time that this contract is in effect. Minor changes internes and conditions may be negotiated by NIM and participating Government actencies. Any orders issued against this agreement shall be the sole responsibility of the Government agency placing the order. It is understood that the Client shall incur no financial responsibility in connection with any purchase by another Government agency, Intentionally 0,mitted FORCE MAJEURE. Neither party shall be. liable for any delay or failure in performance due to causes beyond its reasonable control. CLIENT FINANCIAL SOLVENCY/ BANKRUPTCY, MCG may require payment in advance for products and services it,, response to learning of financial solvency or bankruptcy issues. AOR&L NOW& Ad t le ira%1 t I'Urlh I I U"' In 0%11 t t e d Intentionally Omitted MARKETING & REFERENCES. Client agrees to allow MCCi to publicly announce the clients selection of MCCi for the specific solutions), at the time of the client contracting with MCCi. Additionally, upon the client providing written consent, 1v1CQ is authorized to publish and publicize testimonials and case study information pertaining to MCA's work with the Client. This information, including the Clients organization name, logo, and contact information will be used in all media types. USE OF BASECAMP. Through the course of this project, MCO may choose to utilize the third -party service Basecamp (htLp://www.ba,;ecamp.corn) for project management and team collaboration. Documentation and correspondence exchanged between MCCi and The Client may be stored in Basecamp. The Client acknowledges that Basecarnp is responsible for secure storage of this documentation, and agrees that Basecamp's security guidelines located at https:,//basecanip.coi,n,se(.Uritv are acceptable for the storage of The Client's data and correspondence exchanged with MCCi. MCCi I Page 12 of 13 0 int ntionall y umitt d MM I Page 13 of 13 See Exhibit "B " EXHIBIT "D" STATE OF Florida COUNTY OF I-EI)n CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an arlidavit 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: 987104 Federal Work Authorization User Identification Number 617/2016 Date of Authorization I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 02/06 2020 in Tallanassee (city), fi- (state). // / A ,"I uthorized'Officer or Agent MCCi. LLC Name of Contractor Victor D'Audo Printed Name and Title of Authorized Officer or Scanning Services Agent Name of Project City of Milton. Georgia SUBSCRIBED AND SWORN BEFORE ME Name of Public Employer ON THIS THE DAY OF !LAau 11_2 NOTARY PUBLIC [NOTARY SE MY 0OWSSION 222715 EXPIRES; Jim I. P&ftundQrWftr3 My Commission Expires: 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 M'CCi, LLC 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. § 13-10-9I, 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. § 1.3-10-91{b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub -subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Scanning Services Name of Project City of Milton, Georgia Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 20 in (city), (state). Signature of Authorized Officer or Agent Printed. Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,20 NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: